Law Commons^™

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Journal of Law and the Public Interest

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

Class Of 2006, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2006 at the T. C. Williams School of Law.

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

Richmond Public Interest Law Review

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, …

Aristotle On Animals, Agency, And Voluntariness, Nancy E. Schauber

Richmond Public Interest Law Review

In this article, I propose a way of reading the text that has both interpretive and philosophical merits. It is a more straightforward and literal reading of the text, requiring less interpolation than alternative readings. It also attributes to Aristotle a theory of moral responsibility which is, if not correct, at least as worthy of attention as many of the contemporary theories under debate. My own view is that the objections raised miss their target not because they fail to voice legitimate concerns about an adequate theory of moral responsibility, but because what Aristotle offers in the text in question …

On Canonical Transformations And The Coherence Of Dichotomies: Jazz, Jurisprudence, And The University Mission, Barbara K. Bucholtz

University of Richmond Law Review

No abstract provided.

Two Sides Of A "Sargasso Sea": Successive Prosecution For The "Same Offence" In The United States And The United Kingdom, Lissa Griffin

University of Richmond Law Review

No abstract provided.

Correctional Services Corporation V. Malesko: Unmasking The Implied Damage Remedy, Matthew G. Mazefsky

University of Richmond Law Review

No abstract provided.

Proximate Cause And The American Law Institute: The False Choice Between The "Direct-Consequences" Test And The "Risk Standard", Michael L. Wells

University of Richmond Law Review

No abstract provided.

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

Richmond Journal of Law and the Public Interest

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.

Dusenbery V. United States: Setting The Standard For Adequate Notice, W. Alexander Burnett

University of Richmond Law Review

No abstract provided.

The Search For More Fairness In The Fair Debt Collection Practices Act, Elwin Griffith

University of Richmond Law Review

No abstract provided.

When Good Mergers Go Bad: Controlling Corporate Managers Who Suffer A Change Of Heart, Celia R. Taylor

University of Richmond Law Review

No abstract provided.

Letter From The Editor, John Joseph Meadows

Richmond Journal of Law & Technology

On behalf of the Editorial Board and the entire staff, welcome to this second issue of our Ninth Volume for the Richmond Journal of Law & Technology. This issue consists of four pieces and we are excited to present such a wide range of topics.

Using “Hi-Tech” Tools In A Traditional Classroom Environment — A Two Semester Experiment, Robert E. Oliphant

Richmond Journal of Law & Technology

The most amazing thing is that we are all using computers, learning, and trying but the majority of us are not computer geeks. We are a group that is willing to learn and help. Whether we like it or not, technology has become an integral part of our lives and affects virtually every aspect of the legal profession — from the solo practitioner in northern Minnesota to the partner in a 400-person Wall Street firm. Technology has transformed how lawyers communicate, manage files, present cases to juries, and handle their professional and personal activities. It has been warmly received by …

Patterson V. Commonwealth: An Illustration Of The Legal Complexity Of Dna Databases, Audrey J. Burges

Richmond Journal of Law & Technology

In the old-fashioned drawing-room murder mysteries, the villain usually eliminated his target in some Victorian manner - asphyxiation in bed with a pillow, drowning in a clawed-foot tub, stabbing in the back with a letter opener - and then skulked away, convinced he had committed the perfect crime. In the plot of these mysteries, the foil to the crime always proved to be the experienced detection of a meticulous sleuth. AgathaChristie would use the skills of Hercule Poirot or Miss Marple within the plot of her novels to detect the one flaw in the murderer's technique. Perhaps there was some …

Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Edwin E. Wallis Iii

Richmond Journal of Law & Technology

No abstract provided.

Towards A Theory Of Cyberplace: A Proposal For A New Legal Framework, Ronnie Cohen, Janine S. Hiller

Richmond Journal of Law & Technology

This article discusses whether the existing legal framework for property and places should apply to the electronic medium, or whether the uniqueness of the Internet requires a different characterization. The source of the right of the owner of an Internet site to legally control access to and use of the site and its content is the tort law of trespass and the law of contract. The sources of the right of users to freely access and use Internet content are the policies of free speech and public accommodation. Part I of this paper reviews the common law trespass theories that …

The Academy Chokes On Food Biotech, Public Policy Suffocates, Henry I. Miller

Richmond Journal of Law & Technology

The National Academy of Sciences, under its 1863 congressional charter, is supposed to be dedicated to “investigate, examine, experiment, and report upon any subject of science or art whenever called upon to do so by any department of the government.” At least insofar as judging the scienti c integrity of governmental regulation of biotechnology is concerned, however, two recent “expert” committees of the National Research Council (NRC), the research arm of the Academy, have been plagued by apparent bias, and their recommendations have been dubious.

California's Database Breach Notification Security Act: The First State Breah Notification Law Is Is Not Yet A Suitable Template For National Identity Theft Legislation, Timothy H. Skinner

Richmond Journal of Law & Technology

Attacks on poorly-secured information systems containing personal information are nearing epidemic proportion. Hardly a month passes without a news story regarding a security breach that exposed hundreds or thousands of data subjects’ personal information. As dependence on e-Commerce continues to expand, personal information stolen from poorly secured systems is becoming a multi-billion-dollar industry.

An Introduction To Genetically Modified Foods, Kathleen Hart

Richmond Journal of Law & Technology

Thank you. I have been visiting a lot of bookstores since Eating in the Dark came out last year, including a wonderful bookstore, I should mention, which is right here in Richmond called the Fountain Bookstore. People often ask me if I’ve changed my diet as a result of what I learned while researching the book. Mainly, have I stopped eating genetically engineered foods? I always answer that I’m an American, so of course I eat genetically engineered foods because we have no choice in the matter. GM foods are ubiquitous in the processed foods, and they’re not labeled. But …

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jean Halloran

Richmond Journal of Law & Technology

hank you. Consumer Union, which is the organization that I work for, favors labeling genetically engineered food. At the base of our view on this issue is the view that genetically engineered food is different than regular food. I know some of our previous speakers have spoken about how this is all just one big continuum from conventional crops, but when you look at spider- silk goats, which are goats genetically engineered to produce spider silk in their milk that do in fact exist already on a test farm, the ordinary persons sees something different. To the ordinary person, a …

Regulating Genetically Modified Foods: Is Mandatory Labeling The Right Answer?, Jonathan Adler

Richmond Journal of Law & Technology

Thank you. It’s a pleasure to be here, and I appreciate the invitation. What I want to talk about are some legal issues relating to labeling and, in particular, constitutional issues relating to mandatory labeling for genetically modified foods or food products that may contain genetically modified components. This is a separate issue from whether or not the FDA, or some other agency, has sufficient statutory authority at present to mandate labeling, and that is something worth discussing. Even if they do have such authority, or even if Congress tomorrow were to give the FDA such authority or were to …

Remarks On Genetically Modified Foods And International Regulation, Thomas N. Sleight

Richmond Journal of Law & Technology

I’m going to speak on a slightly different perspective here. I guess the first question I have is how many farmers do we have in the audience? Val, I marked you down as an organic farmer here today, as I learned that today. I don’t think we have many, and I’m going to take a fantastic leap of judgment saying that the students that are here at the University of Richmond School of Law are not preparing for careers in agriculture. So, I’m going to come from a farmer’s point of view. I will jump back and forth between my …

“Do-Not-Call-List” Testimony: Before The Senate Committee On Commerce, Science, And Transportation, James Guest

Richmond Journal of Law & Technology

Mr. Chairman, members of the Committee, thank you for the opportunity to be here with you today. My name is Jim Guest, and I am President of Consumers Union, the independent, non- profit publisher of Consumer Reports magazine and ConsumerReports.org, with over ve million subscribers.

Globe Newspaper Co. V. Commonwealth: An Examination Of The Media’S “Right” To Retest Postconviction Dna Evidence, Emily S. Munro

Richmond Journal of Law & Technology

In January of 2000, Governor George Ryan of Illinois issued a statewide moratorium on capital punishment, citing among his reasons the fact that more convicted killers had been exonerated than executed since Illinois reinstated the death penalty in 1977. In 2001 Maryland’s governor issued a temporary moratorium on capital punishment, pending the results of a University of Maryland death penalty study. The North Carolina Senate recently approved a bill that would suspend all state executions for two years, after twenty-one North Carolina municipalities passed resolutions favoring a moratorium and two death-row inmates were awarded new trials.

Remarks On Regulating Genetically Modified Foods In The United States, L. Val Giddings

Richmond Journal of Law & Technology

Thank you. I’m glad to be here today. Before I launch into my prepared remarks, I do want to correct a couple of things that Greg has just told you. Just for full disclosure, Greg and I shared an office about eighteen years ago when we both worked for the Congressional Office of Technology Assessment. When I arrived in Washington, I spent five years working as an analyst on these sorts of issues. So as I’m about to pound on Greg for knowing a number of things that don’t happen to be true, please be aware that I’m not really …

Panel Remarks On Liability: Liability For Farming?, Rachel G. Lattimore

Richmond Journal of Law & Technology

Good afternoon. To begin, I’d like to thank Ed Wallis and the Richmond Journal of Law & Tech- nology for inviting me to speak on such a distinguished panel. And I’d like to tell you one thing about myself that is not in my fancy lawyer biography. I grew up on a small family farm down in North Caro- lina, so I learned from an early age about the different types of genetic manipulations that go on a farm, from breeding cattle to grafting apple trees, which if you’re fourteen years old, consists of spending your entire Spring Break taking …

The Past And Future Of The Federal Rules In State Courts, Carl W. Tobias

Law Faculty Publications

Response to Prof. John B. Oakley's writings comparing state court procedural rules with the Federal Rules of Civil procedure.

Professor Oakley's substantial contribution to the Nevada Law Journal dispute resolution symposium neither accords much treatment to how or why the earlier uniformity between state and federal procedural regimes changed so dramatically over such a brief period nor proffers very many suggestions for the future. My response aspires primarily to scrutinize how federal-state consistency deteriorated and secondarily to consider what, if any, measures should be instituted to change the present condition of state civil procedure in the fifty jurisdictions comprising the …

Procedural Provisions In Nevada Medical Malpractice Reform, Carl W. Tobias

Law Faculty Publications

In late July 2002, a special session of the Nevada Legislature passed medical malpractice reform legislation. The expressly-stated purpose of this statute is remedying, or at least ameliorating, the "serious threat to the health, welfare and safety of [Nevada] residents" which is posed by the state's "extreme difficulties attracting and maintaining a sufficient network of physicians to meet [residents'] needs." Moreover, the measure emphasizes substantive reforms that are primarily intended to limit the potential liability of certain health care providers for negligent actions. However, the legislation encompasses numerous "procedural" provisions, which may be equally important as the substantive reforms that …

Cross-Burning Case Explores Free-Speech Controversy, John G. Douglass

Law Faculty Publications

Virginia v. Black was Smolla's first oral argument before the Supreme Court, but his appearance on the national stage of First Amendment controversy was nothing new. Among academics, Smolla has long been regarded as a leading First Amendment voice. His publications include a widely-used casebook, top law review articles, plays, short stories, a forthcoming novel, and a nonfiction work that became the script for a popular movie. As a litigator of two decades experience, he has argued First Amendment appeals in dozens of state and federal courts around the nation. Early in his career, he had a knack for finding …