Law Commons^™

Anything But Academic: How Copyright’S Work-For-Hire Doctrine Affects Professors, Graduate Students, And K-12 Teachers In The Information Age, Nathaniel S. Strauss

Richmond Journal of Law & Technology

In 1938, the original designers of the Superman comic book figure assigned their ownership rights to DC Comics for $130. On January 1, 2013, their heirs plan to reclaim those rights in court. The impending Superman litigation will herald a wave of a new type of action, known as copyright termination. The Copyright Act of 1976 (“Copyright Act”) granted the original authors of creative works the right to recover rights assigned to publishers, media companies, and other parties, after a period of thirty-five years. Since the Copyright Act became effective on January 1, 1978, the original authors may first assert …

[Introduction To] American Indian Politics And The American Political System, Third Edition, David E. Wilkins, Heidi Kiiwetinepinesiik Stark

Bookshelf

Now in its third edition, American Indian Politics is the most comprehensive study written from a political science perspective that analyzes the structures and functions of indigenous governments (including Alaskan Native communities and Hawaiian Natives) and the distinctive legal and political rights these nations exercise internally, while also examining the fascinating intergovernmental relationship that exists between native nations, the states, and the federal government. The third edition contains a number of important modifications. First, it is now co-authored by Heidi Kiiwetinepinesiik Stark, who brings a spirited new voice to the study. Second, it contains ample discussion of how President Obama's …

Avoiding Legal Seduction: Reinvigorating The Labor Movement To Balance Corporate Power, Ann C. Hodges

Law Faculty Publications

This Article begins by briefly describing how legal and political action has come to be a central strategy for labor unions. Next, it analyzes the ways in which the law has failed the labor movement, reviewing various laws that have been enacted to protect employees, often at the behest of unions, and how those laws have been perversely twisted to the detriment of workers. The Article, then, looks at unions and employee movements that have succeeded in the face of unfavorable laws and analyzes the determinants of those union successes. Finally, based on these strategies, the Article provides suggestions about …

The Origins Of The Privileges Or Immunities Clause, Part Ii: John Bingham And The Second Draft Of The Fourteenth Amendment, Kurt T. Lash

Law Faculty Publications

Historical accounts of the Privileges or Immunities Clause of Section One of the Fourteenth Amendment generally assume that John Bingham based the text on Article IV of the original Constitution and that Bingham, like other Reconstruction Republicans, viewed Justice Washington’s opinion in Corfield v. Coryell as the definitive interpretation of Article IV. According to this view, Justice Miller in the Slaughterhouse Cases failed to follow both framers’ intent and obvious textual meaning when he sharply distinguished Section One’s privileges or immunities from Article IV’s privileges and immunities.

This article, the second in an extended investigation of the origins of the …

Technology-Assisted Review In E-Discovery Can Be More Effective And More Efficient Than Exhaustive Manual Review, Maura R. Grossman, Gordon V. Cormack

Richmond Journal of Law & Technology

E-discovery processes that use automated tools to prioritize and select documents for review are typically regarded as potential cost-savers – but inferior alternatives – to exhaustive manual review, in which a cadre of reviewers assesses every document for responsiveness to a production request, and for privilege. This Article offers evidence that such technology-assisted processes, while indeed more efficient, can also yield results superior to those of exhaustive manual review, as measured by recall and precision, as well as F1, a summary measure combining both recall and precision. The evidence derives from an analysis of data collected from the TREC 2009 …

Four Years Later: How The 2006 Amendments To The Federal Rules Have Reshaped The E-Discovery Landscape And Are Revitalizing The Civil Justice System, Bennett B. Borden, Monica Mccarroll, Brian C. Vick, Lauren M. Wheeling

Richmond Journal of Law & Technology

The 2006 amendments to the Federal Rules of Civil Procedure, which were enacted to address the potentially immense burden involved in the discovery of electronically-stored information (“ESI”), set in motion a process that is revitalizing the primary purpose of the Federal Rules of Civil Procedure adopted nearly seventy years earlier: “to secure the just, speedy, and inexpensive determination of every action and proceeding.” One of the principal means through which the Federal Rules of Civil Procedure achieve this purpose is by allowing for the discovery of “any nonprivileged matter that is relevant to any party’s claim or defense.” The reasoning …

The Limitations And Admissibility Of Using Historical Cellular Site Data To Track The Location Of A Cellular Phone, Aaron Blank

Richmond Journal of Law & Technology

Imagine someone has just committed a crime. Shortly thereafter, law enforcement responds and quickly apprehends a suspect on the scene or close by. In order to prove guilt beyond a reasonable doubt, the time and place of apprehending the suspect, combined with witness testimony or physical evidence, may be enough for the prosecution to meet its burden of proof.

Better Late Than Never: How The Online Advertising Industry’S Response To Proposed Privacy Legislation Eliminates The Need For Regulation, Catherine Schmierer

Richmond Journal of Law & Technology

Although Julie Matlin liked the shoes she saw on Zappos.com, she ultimately left the site without purchasing them. However, it was not the last time she would see that pair of shoes. For the next several days, the shoes followed Ms. Matlin to numerous other websites. “It was as if Zappos had unleashed a persistent salesmen who wouldn’t take no for an answer.” Understandably, Ms. Matlin found this “online stalking” disturbing, but she was more troubled when ads for her online dieting service started following her as well. She stated, “They are still following me around, and it makes me …

Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson

University of Richmond Law Review

No abstract provided.

Richmond Law Magazine: Winter 2011

Richmond Law Magazine

Features:

Putting the Law to Work

Environment for Growth

The Price of Pleasure

For the Public Good

Arab Spring Brings Winds Of Change To The Maghreb And Mena Region: Does That Spell Opportunity For Infrastructure Development And Project Finance?, Silvano Domenico Orsi

Richmond Journal of Global Law & Business

No abstract provided.

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

Richmond Journal of Global Law & Business

No abstract provided.

Introduction To The 2011 Annual Survey, Noah J. Nelson

Richmond Journal of Global Law & Business

No abstract provided.

Tort Liabilities And Torts Law: The New Frontier Of Chinese Legal Horizon, Mo Zhang

Richmond Journal of Global Law & Business

China did not have a single body of torts law until 2009. As a new piece of legislation in the country, the Torts Law of China, effective as of July 1, 2010, forms a comprehensive framework that regulates torts and provides a legal mechanism to govern liabilities and remedies. A product of the civil law tradition, common law practice and Chinese reality combined, adoption of the Torts Law is hailed in China as an important move toward a civil society that is ruled by law.

The Torts Law premises torts on the fault liability with a few exceptions where the …

The United Nations Sale Convention: Delimitation, Influences, And Concurrent Application Of Domestic Law, Tamo Zwinge

Richmond Journal of Global Law & Business

The United Nations Convention on Contracts for the International Sale of Goods ("CISG"or "Convention") aims to create uniform international sales law to facilitate international trade. However, there are numerous sources of divergence in interpretation and application of the Convention in different jurisdictions. It is therefore possi- ble that courts of different countries interpret the words of the Convention differently. This article investigates the major influences of domestic law on the Convention's interpretation and application. Notably, the so-called "homeward trend" of interpreters is discussed. Furthermore, the article scrutinizes the scope of Article 4 of the CISG in order to delimitate the …

From Russia With Love: The Eu, Russia, And Special Relationships, Eric Engle

Richmond Journal of Global Law & Business

This paper compares the institutions and goals of the USSR, the EU, and the CIS to understand the differing origins and competing tendencies of these alternative models of transnational governance. It then projects those models through history to examine the current relationships of the former Soviet Republics to the EU and the United States. Understanding the historical sources and development of transnational relations in Eastern Europe will enable better international relations among the EU, the Russian Federation, and the other former Soviet Republics. This comparison will also help the Russian Federation and other former Soviet Republics to take up EU …

Doing Business In Egypt After The January Revolution: Capital Market And Investment Laws, Radwa S. Elsaman

Richmond Journal of Global Law & Business

Despite the Egyptian economy’s remarkable growth during the last decade, unequal treatment at law and unfair distribution of wealth led to the Revolution on January 25, 2011. The Revolution affected investment in Egyptian markets. Reforming business laws— specifically the Capital Market and Investment Laws— has become essential to restore confidence in Egyptian markets. These two branches of business law have undergone many developments over the years, which have improved them significantly. Legal compliance, however, remains a major concern. This Article surveys the economic activity in Egypt from a legal perspective. It evaluates Egyptian laws affecting economic activity by analyzing the …

Yukos Universal V. Russia: Shell Companies And Treaty Shopping In International Energy Disputes, Paul M. Blyschak

Richmond Journal of Global Law & Business

No abstract provided.

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

Richmond Journal of Global Law & Business

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 …

Preface, Stanley W. Hammer

University of Richmond Law Review

No abstract provided.

On Equality: The Anti-Interference Principle, Donald J. Kochan

University of Richmond Law Review

This essay seeks to summarize the general equality concept and proposes that equality requires that the government engage in anti-interference with individual choices and activities, so long as these things create no negative externalities for others. If we are serious about respecting equality, such interference actions should be avoided. Adopting an "anti-interference principle" is a necessary foundation for achieving the goal of true equality. The primary point is that equality matters. The purpose of this essay is not to survey the vast political, jurisprudential, and academic debate on equality, but instead, to take a broad look at the philosophical concept …

Modal Retributivism: A Theory Of Sanctions For Attempts And Other Criminal Wrongs, Anthony M. Dillof

University of Richmond Law Review

Rather than building the case for modal retributivism from the ground up, this article takes the existing components of retributive thought and reassembles them into a sounder structure. The cogency of the argument against harm-based retributivism andthe appeal of modal retributivism will likely be strongest forthose who allow reason, as opposed to intuition, a leading role in resolving moral issues.

Beyond Formalist Sovereignty: Who Can Represent "We The People Of The United States" Today?, David Chang

University of Richmond Law Review

No abstract provided.

Preglimony, Shari Motro

Law Faculty Publications

Unmarried lovers who conceive are strangers in the eyes of the law. If the woman terminates the pregnancy, the man owes her nothing. If she takes the pregnancy to term, the man's obligation to support her is limited. The law reflects this lovers-as-strangers presumption by making a man's obligation towards a woman with whom he conceives derivative of his paternity-related obligations; his duty is towards his child, not towards the woman in her own right. Thus, a pregnant woman's lost wages and other personal costs are her private problem, and if there is no child at the end of the …

Whiskey, Soldiers, And Voting: Western Virginia Elections In The 1790s, Jud Campbell

Law Faculty Publications

Editor's Note: Elections in eighteenth-century Virginia were conducted quite differently than current elections. In this article, the author presents revealing descriptions of early elections in Montgomery County, Virginia immediately following the birth of the United States. The behavior and motivations of the electorate, as well as the candidates, provide interesting insight regarding the social structure o/that era.

Cooperative Patent Prosecution: Viewing Patents Through A Pragmatics Len, Kristen Jakobsen Osenga

Law Faculty Publications

This Article constructs a linguistics-based framework to consider patent claim construction and demonstrates that the often-told story that claim construction is broken is, in fact, wrong. Rather, it is the underlying conversations that comprise the patent acquisition process that are to blame. In Part I of this Article, I use linguistics to describe the characteristics of everyday conversation, as well as how it is interpreted. In Part II, I explain what patent conversations look like and how they are similar to and different from everyday conversation. In Part III, I apply the theories of interpreting everyday conversation to patent conversation. …

Reviewing Joan Delfattore's Knowledge In The Making, Suzanne B. Corriell

Law Faculty Publications

A book review of Joan DelFattore's Knowledge in the Making.

Reviewing Holy Writ: Interpretation In Law And Religion, Henry L. Chambers Jr.

Law Faculty Publications

Holy Writ: Interpretation in Law and Religion is precisely what its title suggests. The book consists of “assembled essays on interpretation in the field of law and religion” written by Justice Antonin Scalia and professors of law and philosophy from the University of Leiden and the University of Utrecht. The genesis of the book was “a conference in the honour of Justice Antonin Scalia, who visited the Leiden law department to celebrate the opening of the new faculty building.” (Preface, ix) The structure of the book makes it particularly enjoyable. The collection is aptly likened to a chain novel in …

Judge Thompson And The Appellate Court Confirmation Process, Carl W. Tobias

Law Faculty Publications

Judge 0. Rogeriee Thompson's appointment to the United States Court of Appeals for the First Circuit was an historic moment, as she became the tribunal's first African American member. The Senate confirmed her in five months on a 98-0 vote, more expeditiously than any of President Barack Obama's other appellate nominees. Indeed, Fourth Circuit nominee Judge Albert Diaz waited thirteen months for approval. The slow pace of judicial confirmation demonstrates that the charges and recriminations, the partisanship and the serial paybacks, which have infused appointments for two decades, remain. Judge Thompson's confirmation, accordingly, deserves celebration and recounting. It both illuminates …

China's Greentech Programs And The Ustr Investigation, Joel B. Eisen

Law Faculty Publications

The issue of China's support for renewables has taken center stage in a United States Trade Representative ("USTR") complaint alleging that China unfairly subsidizes its greentech industries, in violation of its obligations as a member of the World Trade Organization ("WT0"). Well before that investigation began, numerous Americans believed the United States was less engaged in greentech promotion than China, and many feel the United States is falling behind. New York Times columnist Thomas L. Friedman has been perhaps the most active proponent of this view, but he has plenty of company. If recent reports are to be believed, China …