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Articles 1681 - 1710 of 6124

Full-Text Articles in Law

New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde Jan 2014

New Affirmative Defense To The Fcpa For Countries Exiting Major Internal Strife, Chris Rohde

Law Student Publications

This paper examines whether the current exception to the Foreign Corrupt Practices Act (FCPA), or the affirmative defenses provided by the FCPA, allow American companies to be this positive influence. Part I examines the background of the FCPA, the current exception and affirmative defenses, and the recent increase in enforcement. Part II examines the issue of whether the current exceptions and affirmative defenses permit US companies to invest in countries currently exiting major internal strife. 4 Unfortunately, neither the exception nor the affirmative defenses provide companies the leeway necessary to enter these markets without serious risk of running afoul of …

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Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari Jan 2014

Private Enforcement Of Trips By Applying The Eu Law Principles Of Direct Effect And State Liability, Saud Aldawsari

Law Student Publications

This comment is divided into three sections. Part I introduces the World Trad Organization (WTO) generally and analyzes the Trade Related Agreement on Intellectual Property Rights (TRIPS) agreement specifically. Part II discusses the proposed theory and its basis. It then introduces Novartis. The comment then explores the relevant EU laws and analyzes the jurisprudence of Direct Effect and State Liability. Part III applies EU law to Novartis.

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Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler Jan 2014

Avoiding The Catch-22: Reforming The Renewable Fuel Standard To Protect Freshwater Resources And Promote Energy Independence, Leah Stiegler

Law Student Publications

Part I presents background on the ethanol industry and the implementation and development of the RFS. It also gives a brief overview of the non-water-related reasons that have led various sectors of the economy to oppose ethanol. Part II provides an overview of ethanol production (from cornfield to refinery) and the impact each stage of the process has on freshwater resources in the United States. Given the harm that the current RFS has caused by failing to consider the impact of the ethanol production process on our nation's freshwater resources, a policy change needs to happen. Yet there are some …

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Administrative Law, John R. Mohrmann Jan 2014

Administrative Law, John R. Mohrmann

Law Student Publications

This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act ("the VAPA''), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.

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Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein Jan 2014

Extrinsic Evidence, Parol Evidence, And The Parol Evidence Rule: A Call For Courts To Use The Reasoning Of The Restatements Rather Than The Rhetoric Of Common Law, Timothy Archer, Shalayne Davis, David G. Epstein

Law Student Publications

This article is an example of what Professor Richard Epstein would call "Contracts small." According to Professor Richard Epstein, "'Contracts small' relates to contract law at the doctrinal level; it focuses on the rules of contract formation and performance; the everyday 'stuff of lawyer's law.' "This article looks to the Restatement of Contracts (hereafter "Restatement") and the Restatement (Second) of Contracts (hereafter "Restatement Second") for answers to the questions raised by the two problems. The Restatements generally have both been praised and condemned for their focus on doctrinal issues-on what Richard Epstein calls the "everyday stuff of lawyer's law." As …

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It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous Jan 2014

It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous

Law Student Publications

This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …

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Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson Jan 2014

Lighting A Fire Under Free Speech: The Fda's Graphic Attempts To Reduce Smoking Rates, Ashley Peterson

Law Student Publications

This article explores whether a graphic warning is possible or preferable in the government's fight against tobacco. Part II outlines a brief history of tobacco regulation in the United States. Part III turns to the Family Smoking Prevention and Tobacco Control Act (FSPTCA) and the FDA's initial rulemaking process. Part IV outlines the doctrine of commercial free speech, and Part V discusses why the Rule faced insurmountable challenges under this jurisprudence. Part VI explores how the FDA may overcome these hurdles in its future rulemaking, while Part VII discusses alternative methods through which the government can pursue its anti-tobacco agenda …

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A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman Jan 2014

A Recount Of The Recount: Obenshain V. Herring, Maggie Bowman

Law Student Publications

Because of the infrequency of recounts and the lack of judicial institutional knowledge, a plain-English guide is needed to assist judges and attorneys involved in recounts. The purpose of this essay is to provide such a guide as a resource for future Virginia recounts. Part I outlines the process of a recount and discusses how a recount differs from an election contest. Part I also briefly discusses the history of election recounts in Virginia, highlighting the two most recent state-wide recounts, Deeds and Obenshain. Part II delves more deeply into the primary issues encountered by the three-judge panel in Obenshain, …

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Adr Cases, Jacob Glasser Jan 2014

Adr Cases, Jacob Glasser

Law Student Publications

Description of recent case law regarding alternative dispute resolution.

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Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan Jan 2014

Renewed Commitment: The Latest Chapter In Reforming Virginia's Mental Health System, The Honorable Jennifer L. Mcclellan

Richmond Public Interest Law Review

In the wake of the highly publicized Virginia Tech tragedy, the 2008 General Assembly Session adopted mental health reforms that focused on the provision of emergency services during the detention and commitment process, and an increase in funding to implement these reforms and strengthen emergency services. Despite the reforms, the issue of inadequate capacity to meet the increasing demand for mental health services remains in a number of key areas, including emergency services and a decline in in-patient psychiatric bed capacity while population growth continues.

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Class Of 2015-2017, University Of Richmond Jan 2014

Class Of 2015-2017, University Of Richmond

Class Photos 1998-Current

This facebook, created for the 2014-2015 school year, contains photos of the Class of 2015, Class of 2016, and Class of 2017.

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Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz Jan 2014

Veterans Treatment Court: A Hand Up Rather Than Lock Up, Tabatha Renz

Richmond Journal of Law and the Public Interest

There has been a gradual national shift toward rehabilitation within the justice system. This has been especially important for veterans who make up only 8% of the total population, but account for 10% of those with criminal records. Recognizing that the traditional justice system is not equipped to handle cases of individuals whose underlying cause of offense is combat trauma, there has been a call to expand the Veterans Treatment Court ("VTC") program as an alternative for offenders who are veterans of the armed forces. This issue has been compounded by over a decade of war in Iraq and Afghanistan, …

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In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner Jan 2014

In Sight, It Must Be Right: Judicial Review Of Va Decision For Reasons And Bases Vs. Clear Error, David E. Boelzner

Richmond Journal of Law and the Public Interest

"In sight, it must be right" was the advertising slogan of a chain of hamburger restaurants that featured visible grills so customers could see the food being prepared, the assumption being that under customers' watchful eyes the burgers would be grilled properly. The Board of Veterans' Appeals ("Board") provides the final decision of the Department of Veterans Affairs ("VA") on a veteran claimant's entitlement to benefits, based on de novo review of a previous VA regional office determination. When in 1988 Congress provided in the Veterans Judicial Review Act for court review of agency decisions on veterans' claims for benefits, …

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The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge Jan 2014

The Judiciary In Virginia: Changes And Challenges In Virginia: One Trial Judge's Perspective, Thoma D. Horne Retired Judge

Richmond Journal of Law and the Public Interest

With the convening of the 2014 Virginia General Assembly, members of the Senate and House received the anticipated 2013 Judicial Workload Assessment Report-a weighted case load study produced by the National Center for State Courts and commissioned by the legislature during its 2012 session. The purpose of the study was to help guide both the future selection of judges and the allocation of the political boundaries to be served by those judges. The results of the weighted caseload study as contained in the 2013 Report would validate many of those concerns expressed earlier by the 2011 Judicial Boundary Realignment Committee …

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An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul Jan 2014

An Analysis Of The Political And Legal Debates Concerning Medicaid Expansion In Virginia, Rick Mayes Ph.D, Benjamin Paul

Richmond Journal of Law and the Public Interest

The Supreme Court's historic June 2012 ruling regarding the Affordable Care Act (ACA) in National Federation of Independent Business v. Sebelius set the stage for a massive federalism battle over Medicaid expansion in the United States. The original language of the Act was intended to nationalize Medicaid by having every state expand their program's eligibility to all individuals up to 138% of the federal poverty level. This would have significantly reshaped Medicaid, a joint federal-state health insurance program, into a universal entitlement for all low-income citizens. Currently, Medicaid eligibility varies dramatically from state to state. The Court held that the …

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Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun Jan 2014

Managing Conflicts Of Interest In China's Public Sector: Fighting Corruption At The Early Stage, Hao (Victor) Wu, Xiaoqi (Claudia) Sun

Richmond Journal of Global Law & Business

No abstract provided.

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The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr. Jan 2014

The Legacy And Implications Of San Antonio Independent School District V. Rodriguez, Charles J. Ogletree Jr.

Richmond Journal of Law and the Public Interest

The Supreme Court's school desegregation case law has been a confusing maze of fits and starts. In 1954, a unanimous Court declared in Brown v. Board of Education that education "must be made available to all on equal terms." Yet, less than 20 years later, the Court found a Texas education financing plan that allowed for significant differences in funding between school districts to be constitutional. This Article examines that decision, San Antonio Independent School District v. Rodriguez, in more detail. It also discusses the case's legacy and numerous unresolved issues that still impact the Latino community today. Part II …

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It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson Jan 2014

It Takes A Federalist Village: A Revitalized Property Tax As The Linchpin For Stable, Effective K-12 Public Education Funding, Mildred Wigfall Robinson

Richmond Journal of Law and the Public Interest

Public education in the United States is a big business. In the fall of 2011, more than 55.5 million students from kindergarten through 12th grade were expected to enroll in the nation's public schools at a total cost of $599,145,678,000. Though it is a service provided by local governments, its cost is borne by local, state, and, to a more limited extent, federal taxpayers. Providing public education is a massive undertaking and no one level of government can solely bear its cost. Governmental revenue sources, from which allocated shares of expense are presently borne, differ. Local funding is provided predominately …

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The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine Jan 2014

The Promises And Pitfalls Of Teacher Evaluation And Accountability Reform, Benjamin Michael Superfine

Richmond Journal of Law and the Public Interest

This chapter examines the recent wave of laws aimed at enhancing teacher evaluation and accountability, and recommends strategies for moving forward in a way that holds greater promise for providing students with more equal and greater educational opportunities. First, this chapter provides a historical overview of the legal landscape governing the primary functions of the teacher workforce. Second, the major characteristics of this new wave of laws are examined. Third, the strengths and potential pitfalls entailed by these laws are analyzed in light of educational research. Finally, this chapter offers recommendations for improving teacher evaluation and accountability laws in a …

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Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton Jan 2014

Literacy, Poverty, And Brain Development: Toward A New, Place-Based Educational Intervention, Michael R. Hilton

Richmond Journal of Law and the Public Interest

This paper provides an overview of emerging research focused on how living in an area of concentrated poverty can impact brain development and explores some possible applications of this research to education policy. One of the key findings is that state and federal policy-makers may need to adopt programs that integrate educational policy with housing and planning policy in order to protect and fulfill each child's educational rights. In order to impress upon readers the scale of the nation's current educational failures and the need for a significant change in policy, this paper first addresses adult illiteracy in the United …

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Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine Jan 2014

Veteran's Law Symposium: Keynote Address Delivered November 8, 2013, Tim Kaine

Richmond Journal of Law and the Public Interest

d it is good to be back here Friday to talk to this Veterans Law Symposium. The initial symposium on veterans law here at the law school and what an appropriate thing to do on an appropriate weekend as we get ready to celebrate Veteran's Day and I was honored to be asked to come and offer some thoughts. I want to talk about, just sort of current issues we are really grappling with, that are legal issues, in Congress, that might affect the practice that you would hope to do, that certainly affect the lives of our veterans and …

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Cover Letter, Allison F. Rienecker Jan 2014

Cover Letter, Allison F. Rienecker

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its Annual Survey issue of the 2013-2014 academic year. This issue is published in conjunction with JOLT’s Symposium entitled “Information Governance: A Comprehensive Approach to e-Discovery.” Since its founding in 1995, JOLT has strived to publish relevant legal articles at the forefront of the technological field. With this goal in mind, we are excited to expand JOLT’s respected discussion of e-Discovery to the emerging field of Information Governance.

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Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro Jan 2014

Getting Serious: Why Companies Must Adopt Information Governance Measures To Prepare For The Upcoming Changes To The Federal Rules Of Civil Procedure, Philip J. Favro

Richmond Journal of Law & Technology

[W]ithout a corresponding change in discovery culture by courts, counsel and clients alike, the proposed rules modifications will likely have little to no effect on the manner in which discovery is conducted today.

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Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker Jan 2014

Defensible Data Deletion: A Practical Approach To Reducing Cost And Managing Risk Associated With Expanding Enterprise Data, Dennis R. Kiker

Richmond Journal of Law & Technology

Modern businesses are hosts to steadily increasing volumes of data, creating significant cost and risk while potentially compromising the current and future performance and stability of the information systems in which the data reside. To mitigate these costs and risks, many companies are considering initiatives to identify and eliminate information that is not needed for any business or legal purpose (a process referred to herein as “data remediation”). There are several challenges for any such initiative, the most significant of which may be the fear that information subject to a legal preservation obligation might be destroyed.

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Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander Jan 2014

Understanding And Contextualizing Precedents In E-Discovery: The Illusion Of Stare Decisis And Best Practices To Avoid Reliance On Outdated Guidance, Jonathan M. Redgrave, Keltie Hays Peay, Mathea K.E. Bulander

Richmond Journal of Law & Technology

But as precedents survive like the clavicle in the cat, long after the use they once served is at an end, and the reason for them has been forgotten, the result of following them must often be failure and confusion from the merely logical point of view.

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Cover Letter, Benjamin R. Fox Jan 2014

Cover Letter, Benjamin R. Fox

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its third issue of the 2013-2014 academic year. First published in 1995, JOLT is the world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. With this goal in mind, we are proud to announce the publication of the following articles.

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The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii Jan 2014

The Tangled Web: A Case Against New Generic Top-Level Domains, Joseph P. Smith Iii

Richmond Journal of Law & Technology

If we had a reliable way to label our toys good and bad, it would be easy to regulate technology wisely. But we can rarely see far enough ahead to know which road leads to damnation.

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Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman Jan 2014

Cyborgs In The Courtroom: The Use Of Google Glass Recordings In Litigation, Kristin Bergman

Richmond Journal of Law & Technology

The future is now. Wearable computers such as Google Glass (Glass) have begun entering society—we see people wearing these devices on the streets, in classrooms, at parties, and elsewhere. Though most of these devices are not yet available to the public at large, there has been much hype over the impact Glass will have on our interactions, privacy, safety, and more. Although this Article will briefly address such controversial aspects, it will focus more narrowly on the potential utility of Glass in litigation.

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Cover Letter, Benjamin R. Fox Jan 2014

Cover Letter, Benjamin R. Fox

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the final issue of the Twentieth Volume. First published in 1995, JOLT isthe world’s first exclusively online law review. JOLT strives to discuss new and emerging issues that fall squarely at the intersection oftechnology and the law. With this goal in mind, we are proud to announce the publication of the following articles.

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Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington Jan 2014

Cyber Security Active Defense: Playing With Fire Or Sound Risk Management, Sean L. Harrington

Richmond Journal of Law & Technology

“Banks Remain the Top Target for Hackers, Report Says,” is the title of an April 2013 American Banker article. Yet, no new comprehensive U.S. cyber legislation has been enacted since 2002, and neither legislative history nor the statutory language of the Computer Fraud and Abuse Act (CFAA) or Electronic Communications Privacy Act (ECPA) make reference to the Internet. Courts have nevertheless filled in the gaps—sometimes with surprising results.

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