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Richmond Law Magazine: Spring 2003

Richmond Law Magazine

Features:

Smolia Argues Before U.S. Supreme Court

Judicial Independence

Rehnquist Visit Highlights Law School Symposium

Museletter: March 2003, Gail F. Zwirner

Museletter

This Issue:

Bridge the Gap Between Law School and Employment

Library Creates DVD Collection of Legal Recreational Titles by Gail F. Zwirner

Law at the Movies: The Life of David Gale by Gail Zwirner

New DVD Titles

Spring Carrel Swap to be Held April 14-16 by Deborah Barlett

Security Cameras Installed to Aid in Resolution of Incidents in the Library by Timothy L. Coggins

New Lexis Enhancements Introduced in March

Chronicle Review Describes Dean Pagan's Book as "Nota Bene"

Racial Stereotypes, Broadcast Corporations, And The Business Judgment Rule, Leonard M. Baynes

University of Richmond Law Review

No abstract provided.

Targeted Killing And Assassination: The U.S. Legal Framework, William C. Banks, Peter Raven-Hansen

University of Richmond Law Review

No abstract provided.

It's Not Really "Assassination": Legal And Moral Implications Of Intentionally Targeting Terrorists And Aggressor-State Regime Elites, Robert F. Turner

University of Richmond Law Review

No abstract provided.

Drug Regulations And The Constitution After Western States, Margaret Gilhooley

University of Richmond Law Review

No abstract provided.

Assassination, The War On Terrorism, And The Constitution, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.

Reporting On Terrorism: Choosing Our Words Carefully, Jeffrey A. Dvorkin

University of Richmond Law Review

No abstract provided.

Proposal For A New Executive Order On Assassination, Jeffrey F. Addicott

University of Richmond Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 2002-2004, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. Students are trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. The traditional case method of instruction is used in many courses. However, clinical education and courses devoted to various professional skills …

Corporate Governance In The Sultanate Of Oman, Ellen Kerrigan Dry

Richmond Journal of Global Law & Business

While the United States’ capital market has had its headline-grabbing scandals involving companies such as World Com and Entron, the capital markey in the Sultanate of Oman (Oman) has also experienced its share of corporate troubles affecting not onlt large Omani companies such as National Rice Mills SAOG and Oman National Investment Company Holdings SAOG, but also dozens of smaller companies, which have had to turn to the government to assistance.

School Vouchers: Will They Undermine American Public Schools? Establishing A Context For Debate, Michael F. Dipaolo

Richmond Journal of Law and the Public Interest

Available data from 1995 and 1996 shows that school districts with the largest concentrations of children living in poverty spent considerably less per student than districts with smaller concentrations. In 1995 and 1996, public school districts serving metropolitan areas spent more per student for instruction, support services, and capital outlay combined than did other districts. The recent rise of real personal income per capita has paralleled the increase in public revenue for education per elementary or secondary student. During the 1990s, however, revenue as a percentage of personal income, adjusted for the number of students and population size, decreased slightly, …

Corporate Governance In The Emerging Markets Of The Global Village: Latin And South America, Rhoda Karpatkin

Richmond Journal of Global Law & Business

Corporate governance scandals in America have focused public attention once again on global governance issues. Issues that are not solely corporate or business concerns, they have become public, political, and ethical concerns. They have become economic concerns, particularly due to the erosion of public confidence in the integrity of corporate leadership and the institutions that are charged with their oversight.

Rebuilding Accountability In The Boardroom, Stephen M. Davis

Richmond Journal of Global Law & Business

No abstract provided.

Delaney Amendment, Eric S. Yellin

History Faculty Publications

In 1958, U.S. Representative James Delaney of New York added a proviso to the 1938 Federal Food, Drug, and Cosmetic Act declaring that the Food and Drug Administration cannot approve any food additive found to induce cancer in a person or animal.

Sacco & Vanzetti Case, Eric S. Yellin, Louis Foughin

History Faculty Publications

Nicola Sacco, a skilled shoeworker born in 1891, and Bartolomeo Vanzetti, a fish peddler born in 1888, were arrested on 5 May 1920, for a payroll holdup and murder in South Braintree, Massachusetts. A jury, sitting under Judge Webster Thayer, found the men guilty on 14 July 1921. Sacco and Vanzetti were executed on 23 August 1927 after several appeals and the recommendation of a special advisory commission serving the Massachusetts governor. The execution sparked worldwide protests against repression of Italian Americans, immigrants, labor militancy, and radical political beliefs.

Operation Rescue, Eric S. Yellin

History Faculty Publications

Operation Rescue, founded in 1986, became known as one of the most militant groups opposing a woman’s right to abortion as established in the 1973 Supreme Court case Roe vs. Wade.

The Built Environment And Its Relationship To The Public's Health: The Legal Framework, Wendy Collins Perdue

Law Faculty Publications

Public health advocates can help shape the design of cities and suburbs in ways that improve public health, but to do so effectively they need to understand the legal framework. This article re- views the connection between public health and the built environment and then describes the legal pathways for improving the design of our built environment.

Recent Developments In Federal Jurisdiction And Pleading, Wendy Collins Perdue

Law Faculty Publications

Recent developments in federal jurisdiction and pleading including subject matter jurisdiction, personal jurisdiction and notice, venue, forum non conveniens, forum selection clauses, and pleading.

Rethinking Theft Crimes In Virginia, John G. Douglass

Law Faculty Publications

In sum, despite the efforts of the General Assembly, Virginia law remains stuck between the "rock" of antiquated theft crimes and the "hard place" of due process. Tinkering with procedural rules merely masks the real problem. My aim in this article is to suggest a different approach. It is time to address the substantive definition of theft crimes in Virginia: to consolidate the crimes of larceny, embezzlement, and false pretenses-as most other American jurisdictions have done into a single offense. By dealing with substance rather than procedure, we can eliminate historical distinctions which serve only to confound prosecutors and complicate …

Rethinking Reexamination Reform: Is It Time For Corrective Surgery, Or Is It Time To Amputate?, Kristen Jakobsen Osenga

Law Faculty Publications

Reexamination was introduced as a mechanism for curing potentially invalid patents, as an antidote to the public's and the judiciary's lack of confidence in the PTO and the patent system in general. Instead of a curative fix, however, the reexamination provisions are more akin to a diseased or lame leg on the body of U.S. patent law. Reexamination fails to support the burden of public confidence it was intended to carry. It does not act in harmony with other limbs on the body of patent law or with other bodies of U.S. or foreign law. Over the years, Congress has …

How Dewey Classify Oclc's Lawsuit, Roger V. Skalbeck

Law Faculty Publications

In order to understand the nature of the rights asserted here, it is important to properly classify the Dewey Decimal lawsuit. To these ends, this article presents analysis aimed to better define its scope and legal framework. This is not an analysis of the merits of the claims, let alone a prediction as to the outcome. The issues are considered in the following three sections. In closing, I offer a lighthearted suggestion as to how this suit might be resolved outside of litigation or settlement.

Closer Or Enhanced Cooperation: Amsterdam Or Nice, Daniel T. Murphy

Law Faculty Publications

Professor Murphy discusses the concepts of closer cooperation and flexibility, which are fairly recent additions to European law and policy. These notions essentially refer to the policies and procedures within the Union whereby some member states undertake certain obligations, or participate with some other member states in certain agreed upon activities, while other member states do not participate, or participate on a different scale or on a different timetable. Explicit reference to the concept of "closer cooperation" in the European Union's constitutive documents, or authorization of it, is recent. Provisions regarding "closer cooperation" appear for the first time in the …

Taking The Takings Claim: A Policy And Economic Analysis Of The Survival Of Takings Claims After Property Transfers, Carol N. Brown

Law Faculty Publications

What ought to be the nature of an owner's right to pursue a regulatory takings claim when the regulation the owner seeks to challenge was in place when the owner acquired the regulated property? Some argue that an owner should not be entitled to challenge such a restriction as a Fifth Amendment taking if the property was already impaired by the regulation at the time the owner acquired it. Proponents of this view contend that allowing subsequent owners to challenge the enforcement of regulations, pre-dating their acquisition of title, and of which they had notice, would confer undeserved windfalls and …

Symposium: American Muslims And Civil Rights: Testimonies And Critiques, Azizah Y. Al-Hibri

Law Faculty Publications

This town hall meeting, which highlights some of the important developments in the American Muslim experience after September 11, presents both a challenge and an opportunity to our community. Whether these new developments will provide a serious impetus for constructive change in society at large is a matter for all Americans to reflect upon. The events that have come to pass which we spotlight in this symposium will hopefully contribute to that process. In this town hall meeting, we present testimonies of average American Muslim citizens who have suffered serious harm, consequences of raids, detentions, and other actions of our …

Museletter: January/February 2003, James Wirrell

Museletter

This Issue:

All Byte, No Bark: Meet the Computer Services Staff by James Wirrell with contributions by Paul Birch, Alison Merner & Kim Wiseman

Recent Librarian Publications

Moving Away...

Winter Closings

Hein-On-Line: Law Journals At Your Fingertips

Law At The Movies: Catch Me If You Can by Gail Zwirner

Ferpa And The Immigration And Naturalization Service: A Guide For University Counsel On Federal Rules For Collecting, Maintaining And Releasing Information About Foreign Students, Laura A. Webb

Law Faculty Publications

The devastating terrorist attacks against the United States on September 11, 2001, destroyed the World Trade Center in New York City, badly damaged the Pentagon, and took the lives of thousands of individuals. As more details became available about the terrorists who hijacked four U.S. planes to carry out these deadly attacks, universities around the U.S. struggled with the news that several of the hijackers had entered the U.S. on, or had later applied for, "student" visas. University officials began to grapple with new questions presented by these attacks: What responsibilities do the universities have to report foreign students who …

The Trajectory Of "Normal" After 9/11: Trauma, Recovery And Post-Traumatic Societal Adaptation, Joel B. Eisen

Law Faculty Publications

I shall evaluate some of the wide-ranging psychological effects of 9/11 to further flesh out the concept that 9/11 is a "national trauma," in pursuit of a more sophisticated understanding intended to supplant the traditional concept of "trauma" so often associated with events of this caliber. Before 9/11, most people thought posttraumatic stress was something Vietnam veterans (or perhaps rape victims) suffered. As I describe in Part I, this is squarely at odds with recent research that shows such trauma is common. I will discuss current literature reflecting on post-traumatic stress and the associated disorder (post-traumatic stress disorder, or "PTSD"), …

Sixth Circuit Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

Many of the 179 active federal appeals court judgeships authorized by Congress have remained vacant for protracted times. Over the last dozen years, the appellate system has experienced numerous openings, which have generally comprised ten percent of those seats. Particular tribunals' situations have been worse. At various times since 1996, the United States Courts of Appeals for the Second, Fourth, and Ninth Circuits operated without a third of their judges. However, the most egregious and recent illustration is the United States Court of Appeals for the Sixth Circuit. Almost half of that court's positions are now empty, while a number …

Successfully Training And Retaining New Teachers, Jo Ann Daly, Carolyn Kazemi

Richmond Public Interest Law Review

The widespread need to fill the many teacher vacancies in Virginia and the nation as a whole has stirred many debates on how to solve the problem. Often a "quick fix" attitude prevails when considering options for training and retaining teacher candidates to fill the current and future needs of our schools. The professional development model of collaboration between Marymount University and two local school jurisdictions is an ongoing effort that has met with success and has produced long-term positive results.