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Articles 2251 - 2280 of 6124

Full-Text Articles in Law

Principles Of Insurance Law, Peter N. Swisher Jan 2011

Principles Of Insurance Law, Peter N. Swisher

Law Faculty Publications

No abstract provided.

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Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel Jan 2011

Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel

Richmond Public Interest Law Review

GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …

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Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein Jan 2011

Protecting The Ivory Tower: Sensible Security Or Invasion Of Privacy, Stephen D. Lichtenstein

Richmond Public Interest Law Review

Our beginning point is a recognition that the modern American college is not an insurer of the safety of its students. Whatever may have been its responsibility in an earlier era, the authoritarian role of today's college administrations has been notably diluted in recent decades. Trustees, administrators, and faculties have been required to yield to the expanding rights and privileges of their students. By constitutional amendment, written and unwritten law, and through the evolution of new customs, rights formerly possessed by college administrations have been transferred to students. College students today are no longer ninors; they are now regarded as …

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Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park Jan 2011

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Public Interest Law Review

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.

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How House Bill 2063 And The Expansion Of Access To Protective Orders Could Have Saved Yeardley Love's Life, Amy Weiss Jan 2011

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

Richmond Public Interest Law Review

Battered women often face an uphill battle in the legal system. In the 2011 session, the Virginia General Assembly added a new tool to these women's arsenal.o An amended version of House Bill 2063 sponsored by Delegate Rob Bell (R- Albemarle) passed the House and Senate unanimously on February 26, 2011. 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 …

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Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson Jan 2011

Dred Scott V. Sandford: A Prelude To The Civil War, Faith Joseph Jackson

Richmond Public Interest Law Review

This article will first review the foundational cracks that slavery left in the creation of the United States' Constitution. It will then examine the ensuing legislative efforts to contend with the political and societal consequences of the slavery divide. Next, it will discuss the history behind the Scott case, and the course and resolution of the case in the court system. It will then describe the notoriety of the case and the impact it had on the events leading up to the war. It will conclude with an analysis of Dred Scott's position at the locus of only real conflict …

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From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley Jan 2011

From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley

Richmond Public Interest Law Review

Part I of this article provides a history of the federal appellate system, noting the detrimental impact circuit splits can have on the resolution of a particular legal issue. Part II sets out the history and the current state of asylum and sexual identity claims in the United States. Part III provides an analysis of when the Supreme Court has historically intervened in previous social controversies, such as segregation, interracial marriage, and gay rights in the context of substantive due process. Part IV discusses the importance of timely Supreme Court intervention in asylum sexual identity matters, particularly as issues surrounding …

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Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack Jan 2011

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Public Interest Law Review

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

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Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid Jan 2011

Pakistan's Failed Commitment: How Pakistan's Institutionalized Persecution Of The Ahmadiyya Muslim Community Violates The International Covenant On Civil And Political Rights, Qasim Rashid

Law Student Publications

The United Nations (“UN”) adopted the International Covenant on Civil and Political Rights (“ICCPR”) in 1966 and officially implemented it in 1976 to ensure, among other guarantees, that no human is denied his or her right to equal voting, freedom of political association, due process of law, freedom of life, freedom of religion, freedom of speech, and freedom of assembly. The Islamic Republic of Pakistan is among 166 nations that have signed and ratified the ICCPR. Since signing the ICCPR in 2008 and ratifying it in 2010, however, Pakistan has perpetuated state-sanctioned and violent persecution of religious minority groups such …

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The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French Jan 2011

The Power Of Definition: Brazil's Contribution To Universal Concepts Of Indigeneity, Jan Hoffman French

Sociology and Anthropology Faculty Publications

This article builds on discussions about the potential benefits and difficulties with developing a universal definition of indigenous peoples. It explores the spaces made available for theorizing indigeneity by the lack of a definition in the United Nations Declaration on the Rights of Indigenous Peoples, adopted in 2007. Specifically, this article addresses the challenge presented by the diversity of groups claiming indigenous status in Brazil. To what extent do distinct cosmologies and languages that mark Amazonian Indians as unquestionably indigenous affect newly recognized tribes in the rest of Brazil who share none of the indicia of authenticity? This article theorizes …

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The Unaviodable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes Jan 2011

The Unaviodable Ecclesiastical Collision In Virginia, Isaac A. Mcbeth, Jennifer R. Sykes

Law Student Publications

Section 57-9(A) of the Code of Virginia is a statute that purports to resolve church property disputes. There is, however, a significant amount of controversy as to whether the statute encroaches on the free exercise rights of hierarchical churches located in Virginia and enmeshes Virginia courts in the ecclesiastical thicket. Given the debate surrounding Section 57-9(A) and the controversial shift of several mainstream denominations in matters of substantive church doctrine, Virginia is a fertile breeding ground for church property disputes. Accordingly, the Commonwealth is in the midst of an ecclesiastical crisis. The impact of the crisis is evidenced by the …

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Class Of 2012-2014, University Of Richmond Jan 2011

Class Of 2012-2014, University Of Richmond

Class Photos 1998-Current

This facebook, created for the 2011-2012 school year, was the first to include multiple classes of students at the T. C. Williams School of Law. It contains photographs of the class of 2012 through the class of 2014.

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Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park Jan 2011

Automobile Consent Searches: The Driver's Options In A Lose-Lose Situation, Arthur J. Park

Richmond Journal of Law and the Public Interest

"Do you mind if I take a quick look in the vehicle?" This is a question that countless Americans hear every day, but very few citizens understand the ramifications of their answer. How long can the officer keep me here? What if there is something in my car that I do not know about? Can I be arrested if I refuse the search? This article will address the legal context surrounding consent searches of automobiles in order to provide some clarity to drivers and passengers that are put in this lose-lose situation.

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Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel Jan 2011

Courts Re-Examine The Application Of Goldfinger-Era Electronic Tracking Cases To Law Enforcement Use Of Gps Tracking Devices, Joshua A. Engel

Richmond Journal of Law and the Public Interest

GPS tracking devices have become inexpensive, small, and can easily be attached to a vehicle quickly. Law enforcement is increasingly using these devices to track the exact location of a suspect's vehicle over a long period of time. In most instances, relying on Supreme Court cases from the early 1980's, law enforcement has not sought a warrant before using these devices. This paper examines how courts have attempted to apply Supreme Court precedents based on "primitive" tracking devices to modern GPS tracking devices. These precedents established that the use of electronic tracking devices on vehicles did not constitute a search …

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Appellate Judges And Philosophical Theories: Judicial Philosophy Or Mere Coincidence, Gerald R. Ferrer, Mystica Alexander Jan 2011

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

Richmond Journal of Law and the Public Interest

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.

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Why Can't We Be Friends - A Judicial Clerk's Guide To Social Networking, Kate Crowley Jan 2011

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

Richmond Journal of Law and the Public Interest

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.

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Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis Jan 2011

Legislative Control Of The Menhaden Fishery, Nicole M. Rovner, Matthew G. Curtis

Richmond Journal of Law and the Public Interest

This year, six menhaden- related bills were introduced in the Virginia General Assembly. Delegate John Cosgrove (RChesapeake) introduced legislation in the House of Delegates that was identical to Senate Bill 765, a bill that proposed to shift oversight of the menhaden fishery to the VMRC. 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 …

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Notable Bills Of The 2011 General Assembly Jan 2011

Notable Bills Of The 2011 General Assembly

Richmond Journal of Law and the Public Interest

House and Senate Bills from the 2011 General Assembly

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Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin Jan 2011

Top Jobs Act Higher Education Reform Legislation, Mark E. Rubin

Richmond Journal of Law and the Public Interest

The most important piece of legislation affecting higher educa- tion passed by the 2011 Virginia General Assembly was Governor McDonnell's higher education reform bill. The title of the bill is quite expressive-"Preparing for the Top Jobs of the 21st Century: The Virginia Higher Education Opportunity Act of 2011," or "TJ21.", It is significant because of its breadth, its innovative ap- proach to funding, and the government relations strategy utilized to assure its passage.

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From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley Jan 2011

From Closet To Court Room: Asylum As A Judicial Step Towards Full Equality Between Sexual Orientations, Rory Riley

Richmond Journal of Law and the Public Interest

Part I of this article provides a history of the federal appellate system, noting the detrimental impact circuit splits can have on the resolution of a particular legal issue. Part II sets out the history and the current state of asylum and sexual identity claims in the United States. Part III provides an analysis of when the Supreme Court has historically intervened in previous social controversies, such as segregation, interracial marriage, and gay rights in the context of substantive due process. Part IV discusses the importance of timely Supreme Court intervention in asylum sexual identity matters, particularly as issues surrounding …

Go to article

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack Jan 2011

Future Of Equality For Virginia's Tribes: Reform The Federal Recognition Process To Repair Injustice,, Katherine Womack

Richmond Journal of Law and the Public Interest

This article first examines the historical background of the Virginian-American Indian identity after European contact in Part I. This section looks at the early interactions between American Indians and colonial settlers, the treaties that defined American Indian identity, and the first government-to-government relationships between the tribes and colonial powers. It also follows the changing social attitudes toward American Indians. Part II discusses how social attitudes in the early twentieth century about American Indians led to longreaching legal effects for Virginian-American Indians. Part III details the federal recognition process, and discusses how and why it denies Virginia's tribes an equal place …

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[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins Jan 2011

[Introduction To] The Legal Universe: Observations On The Foundations Of American Law, Vine Deloria, Jr., David E. Wilkins

Bookshelf

According to Deloria and Wilkins, "Whenever American minorities have raised voices of protest, they have been admonished to work within the legal system that seek its abolition." This essential work examines the historical evolution of the legal rights of various minority groups and the relationship between these rights and the philosophical intent of the American founders.

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Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron Jan 2011

Law In The Age Of Exabytes: Some Further Thoughts On ‘Information Inflation’ And Current Issues In E-Discovery Search, Jason R. Baron

Richmond Journal of Law & Technology

In 2007, in the pages of this Journal, George L. Paul and I posed a question to the legal profession at large, to wit: can the legal system adapt to the new reality of an era of rapid inflation in the amount of electronically stored information (ESI) at issue in civil litigation? After surveying the history of technological innovation that led to an explosion of new data, we proceeded to discuss various legal strategies for success in our current inflationary epoch. These strategies included: consideration of new and emerging ways in which to think about search and information retrieval in …

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Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter Jan 2011

Federal Rule Of Evidence 502: Has It Lived Up To Its Potential?, Paul W. Grimm, Lisa Yurwit Bergstrom, Matthew P. Kraeuter

Richmond Journal of Law & Technology

Nothing causes litigators greater anxiety than the possibility of doing, or failing to do, something during a civil case that waives attorney– client privilege or work-product protection. Attend any seminar, webcast, podcast, or other continuing legal education course dealing with the discovery of electronically stored information (“ESI”) and you are sure to hear about this concern and how to mitigate it.

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan Jan 2011

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Francis C. Oroszlan

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present the fourth issue of the 2010–2011 academic year. In this issue, we explore privacy law in the context of online social networking, online advertising and tort reform. Additionally, this issue examines mandatory disclosure of trade secrets as a component of offshore oil drilling regulation and evaluates certain criticisms levied against the Anti-Counterfeiting Trade Agreement.

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Re-Mapping Privacy Law: How The Google Maps Scandal Requires Tort Law Reform, Lindsey A. Strachan Jan 2011

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

Richmond Journal of Law & Technology

In the Internet savvy and technology dependent world of today, it is difficult to imagine life without Google Maps. The pioneer web- mapping platform provides users with a number of free services, ranging from simple directions to high-resolution imagery of terrain. The service has revolutionized travel, providing guidance and resources to more than just the directionally challenged. Contributing to this notoriety was Google’s addition of “Street View” to the array of mapping functions in May of 2007. As its name implies, the Street View function allows users to view enhanced, 360-degree snapshots of homes, streets and other public property. According …

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Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell Jan 2011

Rethinking Reasonable Expectations Of Privacy In Online Social Networks, Bryce Clayton Newell

Richmond Journal of Law & Technology

In 1890, Warren and Brandeis “invented” the common law right to privacy in the United States. They declared the need for a right to privacy – “to be let alone” – because technological advancements (photography) and business methods (yellow journalism) enabled the media to bring previously private details to the attention of a much larger audience. Warren and Brandeis declared, “[i]nstantaneous photographs and newspaper enterprise have invaded the sacred precincts of private and domestic life; and numerous mechanical devices threaten to make good the prediction that ‘what is whispered in the closet shall be proclaimed from the house-tops.’” Because of …

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A Critical Look At The Anti-Counterfeiting Trade Agreement, David M. Quinn Jan 2011

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

Richmond Journal of Law & Technology

On October 23, 2007, the United States announced an initiative to strengthen intellectual property enforcement measures within the international community via the Anti-Counterfeiting Trade Agreement (“ACTA”). During the following years, eleven rounds of negotiations among as many parties culminated in a finalized text released on December 3, 2010. The dialogue occurred outside the purview of existing bodies such as the WIPO and WTO. The ACTA now awaits acceptance following the March 31, 2011 commencement of the ratification period. It will enter into force thirty days following the sixth formal approval.

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Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets Jan 2011

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Ian Lambeets

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present its first issue of the 2011-2012 academic year. The Journal strives to discuss new and emerging issues that fall squarely at the intersection of technology and the law. Another year goes by and technology continues to advance, and not surprisingly, further immerses itself into our daily lives. The Journal believes it is our mission to recognize the practical effects the growth of technology has on society and to promote a relevant and timely discussion on these topics.

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Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch Jan 2011

Do Not Track: Revising The Eu’S Data Protection Framework To Require Meaningful Consent For Behavioral Advertising, Matthew S. Kirsch

Richmond Journal of Law & Technology

The advertisements you see while browsing the Internet are rarely accidental. For instance, Alliance Data, one of many new companies in the booming data-marketing industry, can instantaneously recognize that a user visiting their client’s website is Joel Stein, a thirty-nine year-old, college educated male, who makes over $125,000 a year. Alliance Data also knows that Joel is likely to make purchases online, but only spends about $25 dollars a purchase. Using this information, and the specifics of over 100 of Joel’s past online purchases, Alliance Data creates advertisements specifically tailored to Joel and displays them as he continues to browse …

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