Law Commons^™

Health Care: Why Jurisdiction Matters, Kevin C. Walsh

Law Faculty Publications

Congress’s enactment of comprehensive healthcare reform legislation last year was the culmination of one round of an intense debate that continues today. The second round began the same day that the first round ended, when President Obama signed the legislation. In this second round, the locus of debate has shifted from Congress to the courts, which are processing a slew of lawsuits filed immediately after enactment.

One of the most prominent is Virginia v. Sebelius. The lawsuit presents on its face a prominent and critically important question of federalism: Did Congress exceed the limits of its enumerated legislative powers by …

How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss

Law Student Publications

This paper will examine Virginia protective order law before the enactment of House Bill 2063, how Yeardley Love’s death was a catalyst for reform of the law, how the law will change under House Bill 2063, and possible future developments in legislative reform that could further help victims of intimate partner violence.

Legislative Control Of The Menhaden Fishery, Matthew G. Curtis

Law Student Publications

This article aims to highlight the unique stance taken by Virginia’s legislature and explain why this management is better left to the commission responsible for managing every other fishery in the Commonwealth. While there may not be a conclusive link between reduction industry practices and a decline in water quality, Virginia’s legislators should recognize the shift towards an ecosystem-based model as the most effective way to sustainably manage fisheries and all natural resources.

With Great Technology Comes Great Responsibility: Virginia's Legislative Approach To Combating Cyberbullying, Kelsey Farbotko

Law Student Publications

This comment will examine Virginia’s statutory response to the growing problem of cyberbullying, focusing particularly on the bills introduced in the most recent Virginia General Assembly session. Section II will define cyberbullying and other cybercrimes, as well as discuss the effects of this form of harassment and the importance of regulating speech in this manner. Section III will describe current statutes that regulate cyberbullying, as well as the three bills that came before the Virginia General Assembly in its 2011 session. Particularly important is House Bill 2059, which differs from the other two bills not only because it was the …

When Responsive Legislation Ignores The Forest For The Trees, Matthew G. Curtis

Law Student Publications

Large-scale financial disasters have resulted in equally large-scale overhauls of the system responsible for financial industry regulation. Choice over responding parties to these disasters is minimal, and the public inevitably looks to the government for assistance and explanation. The increasingly globalized economy causes any nationwide financial regulation in the U.S. to be felt throughout international markets. U.S. environmental regulation, while not felt immediately abroad, can have drastic impacts on business planning, environmental risk-management, and human rights in the developing world.

Richmond Law Magazine: Summer 2011

Richmond Law Magazine

Features:

Embracing New Opportunities

'Your Honor'

Health Care: Why Jurisdiction Matters

Connecting the World

Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens

University of Richmond Law Review

The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.

The Silver Lining In The Red Giant: China's Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge

University of Richmond Law Review

This comment examines the rise of China's middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment discusses the ramifications of strict domestic residential mortgage regulations and how China's tempered investment structure secured its domestic housing market. Part II of this comment examines China's investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …

The Chapter 13 Alternative: A Legislative Solution To Undersecured Home Mortgages, Hon. Samuel L. Bufford

University of Richmond Law Review

No abstract provided.

History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann

University of Richmond Law Review

Part I of this comment provides a brief review of Furmanandthe circumstances leading to the decision. Part II discusses thefactors indicating current arbitrariness and other recurring factors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.

History Repeats Itself: The Post-Furman Return To Arbitrariness In Capital Punishment, Lindsey S. Vann

Law Student Publications

Part I of this comment provides a brief review of Furman and the circumstances leading to the decision. Part II discusses the factors indicating current arbitrariness and other recurring fac-tors surrounding the American death penalty. Part III examines the development of the Cruel and Unusual Punishments Clause since Furman. Finally, Part IV discusses how the Supreme Court should apply its contemporary Eighth Amendment doctrine to the current circumstances surrounding the imposition of the death penalty.

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.

The Silver Lining In The Red Giant: China’S Residential Mortgage Laws Promote Temperance Among The Surging Middle Class, Clayton D. Laforge

Law Student Publications

This comment examines the rise of China‘s middle class and proactive governance to protect its economy from a housing bubble during the global downturn. An analysis of recently enacted Chinese labor and corporate laws demonstrates how the government facilitated the rise of the middle class. The comment dis-cusses the ramifications of strict domestic residential mortgage regulations and how China‘s tempered investment structure secured its domestic housing market. Part II of this comment examines China‘s investment and consumption patterns compared to domestic growth. Part III discusses how the surging middle class grew to seek investment opportunities in the real estate market …

Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine

University of Richmond Law Review

In this article, I want to focus on one aspect of our economic recovery-namely, how do we grow an economy without relying upon debt-fueled overconsumption? I argue that the magnitude of the 2007-2009 collapse was based significantly on unsustainable spending that had propped up the previous expansion. National policy during the first years of the last decade turned a sizable national surplus into a huge deficit through war spending, tax cuts, and expansion of public programs that were not paid for.The spending patterns of American families followed a similar pattern in which traditional savings rates shrunk precipitously while family debt …

The Immediate And Lasting Impacts Of The 2008 Economic Collapse--Lehman Brothers, General Motors, And The Secured Credit Markets, Edward J. Estrada

University of Richmond Law Review

This article analyzes the early days of the credit crisis as well as two of the largest casualties of that period-Lehman Brothers and General Motors. In addition, by focusing on the bankruptcy proceedings of these two entities as well as other judicial decisions rendered since the financial crisis began, it examines the role that courts have played in the crisis.

Orderly Liquidation Authority: A New Insolvency Regime To Address Systemic Risk, Hollace T. Cohen

University of Richmond Law Review

No abstract provided.

Response To Reasonable Expectations In Sociocultural Context, David G. Epstein

Law Faculty Publications

The Article starts 6 (and ends)7 with the premise that contract law should enforce the reasonable expectations of the parties. This is a hard premise to challenge.8 And an even harder premise to apply.9 The Article recognizes the two problems with applying this premise: (1) how does a court decide what expectations are “reasonable,”10 and (2) what does a court do when the contracting parties have different reasonable expectations.11 The Article then uses two cases to illustrate how “sociocultural dissonance between a judge and contracting party”12 exacerbates these problems.

Coase And The Constitution: A New Approach To Federalism, F.E Guerra-Pujol

Richmond Public Interest Law Review

This paper proposes a new approach to the centuries-old question of federalism. In a word, we approach the problem offederalism from a Coasian or property-rights perspective. That is, instead of attempting to draw an arbitrary boundary line between state and federal spheres of power through traditional legal or semantic analysis of the constitution and previous judicial precedents, this paper proposes the creation of alternative 'federalism markets" in which governmental powers and functions would be allocated to Congress, the states, or even private firms through decentralized auction mechanisms and secondary markets. The paper is divided into five parts. Following a brief …

Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander

Richmond Public Interest Law Review

This paper suggests that judicial opinions often reflect ajudge's position on what is ethical and useful in the real world of constitutional values. It further suggests that an appreciation of legal philosophical theory assists one in understanding the ethical and public policy dimensions of a court's opinion. Do judges' opinions parallel philosophical theories constructed by philosophers or is any apparent relationship mere coincidence? This paper suggests the former-that a judge's belief system, education, and experiences 2 include the adoption of judicial philosophies, the expression of which can be found in his or her written opinions.

"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender

Richmond Public Interest Law Review

This Note suggests that the Court adopt a new test that would look at a condition attached to federal funding and determine whether it is a classifying condition or a coercive condition. Under this new test, a classifying condition will be deemed constitutional unless it violates equal protection principles; a coercive condition, on the other hand, will usually implicate the unconstitutional conditions doctrine.' On July 8, 2010, in Massachusetts v. United States Department of Health and Human Services, Judge Tauro of the United States District Court for the District of Massachusetts granted Massachusetts' motion for summary judgment by determining that …

Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley

Richmond Public Interest Law Review

Synopsis: With the growing popularity of social media, there is an everincreasing chance that attorneys will commit an ethics violation or other lapse of discretion online. This article provides an overview of social networking and provides guidance for how judicial clerks and all attorneys can keep themselves in line when going online.

A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn

Law Student Publications

This Article examines two of the more credible criticisms leveled against the ACTA and evaluates the credibility of each. First, some allege that the agreement is a treaty masquerading as an executive agreement. The distinction is significant because treaties may modify U.S. law and require congressional approval, while executive agreements must accord with existing law and require only presidential approval. The second criticism is the systemic lack of transparency throughout the negotiation process. Though these are not the only criticisms – far from it – they are the two most significant and stand on the most solid ground.

Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan

Law Student Publications

This Comment explores how the law should handle such privacy claims. In analyzing both the photographic privacy claims as well as the Wi-Fi data privacy claims, this paper argues that current tort law is inadequate for such technologically advanced legal issues. Section II explores the background of Google Maps Street View and current privacy law, while Section III looks at the holes in current privacy torts in the context of the images displayed on Street View. Section IV examines the privacy implications surrounding the Wi-Fi scandal, and finally, Section V reviews the solution and provides a conclusion.

"Till Death (Or Doma) Does Us Part": How Doma Imposes An Unconstitutional Classifying And Coercive Condition On Federal Funding In The Wake Of Massachusetts V. United States Department Of Health And Human Services, Erin Bender

Law Student Publications

Part II of this Note provides a short legislative history of DOMA and an overview of Spending Clause jurisprudence. Part III provides an overview of Judge Tauro‘s opinion in Massachusetts. Finally, Part IV of this Note analyzes Section Three of DOMA under the proposed classifying/coercive condition approach to the Spending Clause and concludes that Section Three of DOMA would be unconstitutional as either type of condition.

The Complexities Of Judicial Takings, D. Benjamin Barros

University of Richmond Law Review

No abstract provided.

Museletter: March 2011, Suzanne Corriell

Museletter

This Issue:

Be Prepared for Summer Employment

Construction Zone!

Interested in International Criminal Law or Human Rights?

"Create Your Own Story @ Your Library" National Library Week, April 11-17, 2011

Margaret Mitchell's Gone with the Wine: A Bestseller's Odyssey from Atlanta to Hollywood by Heather Casey

Modeling The Congressional End-Run Constraint, Luke M. Milligan

University of Richmond Law Review

No abstract provided.

And Death Shall Have No Dominion: How To Achieve The Categorical Exemption Of Mentally Retarded Defendants From Execution, J. Amy Dillard

University of Richmond Law Review

No abstract provided.

Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham

University of Richmond Law Review

No abstract provided.

Recognition: A Case Study On The Original Understanding Of Executive Power, Robert J. Reinstein

University of Richmond Law Review

No abstract provided.