Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

University of Richmond

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 2431 - 2460 of 6124

Full-Text Articles in Law

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther Jan 2010

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Journal of Law and the Public Interest

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

Go to article

The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith Jan 2010

The General Assembly's Structural Conflicts Of Interest, Waldo Jaquith

Richmond Journal of Law and the Public Interest

Virginia is not a state saddled with a reputation of ethically challenged legislators, but our part-time citizen legislature is structurally conducive to conflicts of interest. This reality was brought to the forefront in November 2009 when Delegate Phillip Hamilton resigned from the House of Delegates following revelations that he directed state appropriations into his own pocket. There is little doubt that the majority of legislators are scrupulous in their efforts to avoid such conflicts, but they must navigate treacherous waters to do so. Significant modifications to the structure and ethical standards of the General Assembly are necessary to correct this …

Go to article

Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio Jan 2010

Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio

Richmond Journal of Law and the Public Interest

Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …

Go to article

Intent And Empirics: Race To The Subprime, Carol N. Brown Jan 2010

Intent And Empirics: Race To The Subprime, Carol N. Brown

Law Faculty Publications

The United States’ history of racially discriminatory banking, housing, and property policies created a community of black Americans accustomed to exploitative financial services and vulnerable to victimization by subprime lenders. My thesis is that black borrowers are experiencing a new iteration of intentional housing discrimination in the twentieth and twenty-first centuries; lenders identified a vulnerable 'emerging market' of black homeowners and borrowers and knowingly targeted them to receive subprime or predatory loan products when equally situated white borrowers were given superior, prime mortgage products. This Article explores how disparate lending practices coupled with banking deregulation undermined the Congressional push for …

Go to article

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher Jan 2010

The Business Of Punishing: Impediments To Accountability In The Private Corrections Industry, Stephen Raher

Richmond Public Interest Law Review

To understand the contemporary use of contractor-operated prisons, one must appreciate the political and economic developments which allowed privatization to enter the corrections industry. Accordingly, this article starts with a brief history of privatized corrections in the United States. The following section explores how the modem marketplace for private prisons has been shaped by two prominent dynamics-the emergence of a national market for prison beds and the massive expansion of the nation's immigrant detention system. The paper then considers the general implications of non-governmental prison operation, with a focus on how contractors have exploited their private status to the detriment …

Go to article

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa Jan 2010

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa

Richmond Public Interest Law Review

In the recent landmark decision in Wyeth v. Levine, the Supreme Court put drug manufacturers on notice that they can and should be liable for state tort claims for the harm their products cause regardless of Federal Drug Administration ("FDA") approval of the drug's use and warning labels. Part II of this paper analyzes the history and background of federal preemption to give context to the current environment after Wyeth. Part III analyzes the Supreme Court's decision in Wyeth, holding that the FDCA and corresponding regulations do not preempt state tort claims. Finally, Part IV discusses and analyzes what drug …

Go to article

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin Jan 2010

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin

Richmond Public Interest Law Review

This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI agrees …

Go to article

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover Jan 2010

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Public Interest Law Review

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

Go to article

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Jan 2010

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Public Interest Law Review

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …

Go to article

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty Jan 2010

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty

Richmond Public Interest Law Review

The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …

Go to article

Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam Jan 2010

Legal Preparedness For Pandemic Influenza: Is Virginia Ready, Kristen Digirolam

Richmond Public Interest Law Review

We cannot look at the legal issues of pandemic influenza in a vacuum. This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing for a pandemic. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during …

Go to article

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther Jan 2010

Lyme Disease: The Surprising Debate In The 2010 Virginia House Of Delegates, Gerald C. Canaan Ii, Karah L. Gunther

Richmond Public Interest Law Review

In most every General Assembly session, there are those bills that while on the surface appear fairly innocuous-quickly take on a life of their own, generating an audible buzz in and around the General Assembly Building. The 2010 Virginia General Assembly session was no different. Amidst hallway discussions concerning the budget, gun rights, and abortion, one could also hear the distinct murmur of a completely novel topic: Lyme disease. Often associated with a small, pesky insect known as the black-legged tick, until this year, Lyme disease had not been the subject of any controversial legislation proposed in the Commonwealth of …

Go to article

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper Jan 2010

Ethics In Virginia: Reforming Ethics And Conflict Of Interest Laws In The 2010 Virginia General Assembly, Christopher E. Piper

Richmond Public Interest Law Review

This article will review the process by which an ethics complaint was handled in 2009 as well as the laws that passed the 2010 General Assembly. It will also examine criticisms of ethics laws in Virginia and throughout the country. Finally, this article concludes with a discussion of the current criticisms of ethics laws in Virginia and across the country.

Go to article

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb Jan 2010

Jamming The Revolving Door: Legislative Setbacks For Mental Health Court Systems In Virginia, Sheila Moheb

Richmond Public Interest Law Review

Proponents of MHCs assert that alternative court systems will provide efficient jail diversion programs and reduce the number of individuals with mental illness in the criminal justice system by directing them to appropriate community treatment facilities. At the same time, MHCs must serve as only one branch of a larger, cohesive community effort to deter individuals with mental illness from incarceration, if not from conviction. Both advocates and adversaries of MHCs remain wary of the potential misuse of mental health courts, which may subject people with mental illness to greater criminalization or lead to greater fragmentation of the mental health …

Go to article

Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen Jan 2010

Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen

Richmond Public Interest Law Review

Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.

Go to article

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie Jan 2010

Sexual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernie

Richmond Public Interest Law Review

This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-toteen sexting. The General Assembly may soon seek to adjust the Code of Virginia to better address teen-on-teen sexting. The second part of this comment will consider the options put forth by the Virginia State Crime Commission report and at different legislative "fixes" that have …

Go to article

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert Jan 2010

The Process Is The Problem: Lessons Learned From United States Drug Sentencing Reform, Erik S. Siebert

Law Student Publications

This paper serves to fill that gap, using the history, players, and processes involved as a means to refocus sentencing reform. Part II provides a historical overview of drug sentencing from its conception to its current state. Part III looks at drug sentencing reforms, identifying the players involved and explaining their diverse motivations. Part IV presents lessons learned and proposes a moderate set of normative remedies.

Go to article

A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore Jan 2010

A Patent Panacea?: The Promise Of Corbinized Claim Construction, Jonathan L. Moore

Law Student Publications

A patent's claims define the scope of a patent-holder's right to exclude others. Because patent infringement actions often hinge on how a court construes claim terms, the interpretative approach that a court uses has a significant effect on the scope ofpatent rights. This article examines claim construction through the lens of contract law. In theory, the Federal Circuit has explicitly rejected the application of contract interpretation principles to claim construction, despite historical acceptance of the patent-contract analogy. In practice, however, the Federal Circuit applies the theory of contract interpretation espoused by Samuel Williston, a theory that focuses on the text …

Go to article

Time For An Upgrade: Amending The Federal Rules Of Evidence To Address The Challenges Of Electronically Stored Information In Civil Litigation, Jonathan L. Moore Jan 2010

Time For An Upgrade: Amending The Federal Rules Of Evidence To Address The Challenges Of Electronically Stored Information In Civil Litigation, Jonathan L. Moore

Law Student Publications

In recent years, electronically stored information (ESI) has begun to play an increasingly important role in civil litigation. Although the e-discovery amendments to the Federal Rules of Civil Procedure in 2006 provided guidelines for the discovery of this information, no accompanying changes were made to the Federal Rules of Evidence to govern the admissibility of this information at trial. This article outlines the vastly different ways courts have addressed this problem in three areas: authentication, hearsay, and the best evidence rule. After discussing the various approaches courts take in these areas, this article proposes specific amendments to the Federal Rules …

Go to article

You Can Come Under The Tarp, But First... The Bank Of America-Merrill Lynch Merger Was A Failure Of Corporate Governance, James K. Donaldson Jan 2010

You Can Come Under The Tarp, But First... The Bank Of America-Merrill Lynch Merger Was A Failure Of Corporate Governance, James K. Donaldson

Law Student Publications

In response to the financial credit crisis in the fall of 2008, Congress, the U.S. Treasury, and the Federal Reserve Board of Governors took unprecedented action to prevent both large and small financial institutions from insolvency. Ultimately, the Troubled Asset Relief Program was created to inject various banks with the cash necessary to prevent the banks' insolvency and the threat that bank failures posed to the nation's economy. In the midst of that crisis, Bank of America agreed to acquire Merrill Lynch. Each institution, in their individual capacity, received TARP funds from the Treasury several weeks after entering into the …

Go to article

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding, Elizabeth M. Myers Jan 2010

Cleaning Up The Mess: The Economic, Environmental, And Cultural Impact Of U.S. Military Base Closures On Surrounding, Elizabeth M. Myers

Law Student Publications

Military base closings, and the numerous laws and regulations that apply to them, have a great impact on neighboring communities. This comment addresses the economic, environmental, and cultural effects of military base closures, both domestic and overseas, and offers some ideas for the future. Section I tells the stories of two former military bases, one in America and one overseas, and an American military base currently in the process of closing. Section II details the economic effects of military base closure under BRAC, while looking at the process itself in more detail. Section III examines the environmental effects, arising from …

Go to article

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa Jan 2010

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa

Law Student Publications

Part II of this paper analyzes the history and background of federal preemption to give context to the current environment after Wyeth. Part III analyzes the Supreme Court‘s decision in Wyeth, holding that the FDCA and corresponding regulations do not preempt state tort claims. Finally, Part IV discusses and analyzes what drug makers may do now to continue to produce and market pharmaceuticals profitably while limiting their liability for state tort claims.

Go to article

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari Jan 2010

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Nancy Porcari

Richmond Journal of Law & Technology

The Richmond Journal of Law and Technology is proud to present our Annual Survey issue, the third issue of the 2009–2010 academic year.

Go to article

Class Of 2013, University Of Richmond Jan 2010

Class Of 2013, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2013 at the T. C. Williams School of Law.

Go to article

Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody Jan 2010

Hostile Takeover Bids In Japan? Understanding Convergence Using The Layered Approach, Michael Cody

Richmond Journal of Global Law & Business

No abstract provided.

Go to article

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa Jan 2010

Wyeth V. Levine: What Does It Mean And Where Do Pharmaceutical Companies Go From Here, Clay Landa

Richmond Journal of Law and the Public Interest

Therefore, one approach for a drug maker, knowing of a potential hazard, would be to unilaterally strengthen their warning without prior FDA approval under current regulations to head off any state tort claims for failure to warn. If the FDA ultimately determines not to approve the strengthened label, under explicit authority granted by Congress in the FDCA, drug makers have a strong argument that implicit conflict preemption now applies. As another avenue, drug makers may include a potential warning amounting to a prohibition of the drug's use or method of delivery when seeking initial approval of the warning label. Again, …

Go to article

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin Jan 2010

Title Vii Antiretaliation: The United States Supreme Court's Decision In Crawford V. Metropolitan Government Of Nashville &(And) Davidson County, Tennessee On The Scope Of The Opposition Clause, Ryan Nevin

Richmond Journal of Law and the Public Interest

This Note discusses the interpretation of the opposition clause within Title VII of the Civil Rights Act of 1964 in the context of Crawford v. Metropolitan Government of Nashville & Davidson County, Tennessee. In general, the opposition clause protects an employee from retaliation by his employer if he opposes his employer's illegal conduct. Part II summarizes the facts and the holding of Crawford. Part III describes Title VII discrimination in general and antiretaliation in particular. Part IV discusses the United States Supreme Court's rationale in Crawford, and Part V questions the interpretation of the opposition clause. Finally, Part VI agrees …

Go to article

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover Jan 2010

Not So Hip - The Expanded Burdens On And Consequences To Law Firms As Business Associates Under Hitech Modifications To Hipaa, Megan Bradshaw, Benjamin K. Hoover

Richmond Journal of Law and the Public Interest

The Health Insurance Portability and Accountability Act of 1996 ("HIPAA ") governs the management of protected health information by covered entities (e.g., health care providers) and their business associates. However, the Health Information Technology for Economic and Clinical Health Act ("HITECH"), contained within the American Recovery and Reinvestment Act of 2009 ("ARRA"), drastically alters the scope of HIPAA regulations with regard to business associates, including law firms that routinely handle the protected health information ("PHI") governed by HIPAA. Under the HITECH Act, the definition of "business associate" is expanded, and these entities are treated as "covered" for purposes of the …

Go to article

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford Jan 2010

What Scribner Wrought: How The Invention Of Modern Dialysis Shaped Health Law And Policy, Sallie Thieme Sanford

Richmond Journal of Law and the Public Interest

In March 1960, Clyde Shields, a machinist dying from incurable kidney disease, was connected to an "artificial kidney" by means of a Ushaped Teflon tube that came to be known as the Scribner shunt. By facilitating long-term dialysis, Dr. Belding Scriber's invention changed chronic kidney failure from a fatal illness to a treatable condition. A half-century after this milestone, there are now more than 1.6 million people throughout the world on maintenance dialysis. This medical advancement has, in turn, had a profound impact on key areas of health law and policy. This paper focuses on the historical roots and current …

Go to article

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty Jan 2010

Medical Rights For Same-Sex Couples And Rainbow Families, Anisa Mohanty

Richmond Journal of Law and the Public Interest

The present state of the law regarding medical rights for same-sex couples and their families is highly inconsistent. A handful of states permit same-sex marriage. Another handful of states recognize samesex marriages from other states, allow civil unions with state-level spousal rights for same-sex couples, or extend some or nearly all statelevel spousal rights to unmarried couples in domestic partnerships. With these widely disparate levels of recognition, it becomes difficult for same-sex couples to navigate their options and rights when a loved one-a partner or child-has a medical emergency or is in the hospital. In Part II, this Comment will …

Go to article

First Prev Next Last