Law Commons^™

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Welcome to Volume VIII, Issue 3, The Richmond Journal of Law & Technology's final issue of the 2001-2002 academic year. In this issue, the Journal breaks from tradition for the second time this year and presents its readers with a unique reading experience. Because we received a wealth of outstanding student submissions, we decided to dedicate this installment of the Journal to those students we feel have presented us with particularly outstanding and insightful pieces. We hope you will enjoy them as much as we did.

Fbi Internet Surveillance: The Need For A Natural Rights Application Of The Fourth Amendment To Insure Internet Privacy, Catherine M. Barrett

Richmond Journal of Law & Technology

Last year, the Federal Bureau of Investigation (“FBI”) acknowledged that it used an Internet electronic surveillance system called Carnivore to investigate and prosecute criminal suspects in more than two dozen cases. Carnivore is a software program developed by the FBI that can be installed on the network of an Internet Service Provider (“ISP”), such as America Online, to monitor, intercept and collect e-mail messages and other Internet activity made and received by individuals suspected of criminal activity. To date, the full capability of Carnivore remains a secret—the FBI refuses to disclose the source code (computer language) that would reveal how …

The Legal Implications Of Online Universities, Elizabeth D. Kaiser

Richmond Journal of Law & Technology

Aspiring screen writers, novelists and photographers need not look any further than the closest computer and Internet connection to learn tools of the trade from experts in the entertainment field. Through the Online Extension Program at the University of California, Los Angeles, a student can learn television script writing from a Hollywood professional and earn a UCLA diploma from a desktop computer as far away as Omaha, Nebraska.

Letter From The Editor, John Joseph Meadows

Richmond Journal of Law & Technology

Welcome, readers, to the ninth year of publication at the Richmond Journal of Law and Technology. The entire Journal Editorial Board and Staff are pleased to report that our inundation with submissions since last Spring has permitted us to be quite choosy in selecting articles for this Issue and we hope you will enjoy them and find them to be insightful and current.

Sovereign Domains: A Declaration Of Independence Of Cctlds From Foreign Control, Kim G. Von Arx, Gregory R. Hagan

Richmond Journal of Law & Technology

In the year 2000, the Government Advisory Committee (“GAC”) of the Internet Corporation for Assigned Names and Numbers (“ICANN”) passed a set of principles that essentially claimed national sovereignty over country code top-level domains (“ccTLD”s) such as .us, .ca, .uk and .au. Shortly thereafter, ICANN redelegated several ccTLDs in accordance with new GAC principles. Despite the outcry accompanying the passage of these principles and ICANN’s self-professed adherence thereto, the entire exercise could easily be criticized as merely symbolic because of the overriding power of ICANN in the operation of the Domain Name System (“DNS”). Indeed, Stuart Lynn, ICANN’s current president, …

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

The Puffery Of Lawyers, Rodney A. Smolla

University of Richmond Law Review

Lawyers advertise to attract clients. Politicians advertise to attract voters. Businesses advertise to attract customers. All of these advertisers advertise with a common subtext: choose me, because I'm better than the rest. Hire me, vote for me, buy my product, and good things will happen. The message may be blunt, explicit, direct, linear. But often it is not. The bludgeon is not the tool of choice in modem mass advertising. The message, more commonly, is presented with subtlety, often merely suggested, often presented with indirection, irony, camp, or comedy. Information as such is not the point. The stuff of modern …

Cyberian Signals, Steven A. Hetcher

University of Richmond Law Review

In Law and Social Norms, Eric Posner offers an original and important theory of the emergence of norms. According to Posner, norms are collections of signals. He develops his signaling account in a variety of contexts, including criminal law, family law, political participation, and racial discrimination. This article extends Posner's theory to cyberspace, a domain of social organization not touched on in Posner's book. In particular, I will test Posner's theory by examining how well it explains the emergence of Web site privacy norms. Part One will examine signaling theory. Part Two will explore privacy norms in some detail, and …

Governance Within The Navajo Nation: Have Democratic Traditions Taken Hold?, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This essay crafts a description and analysis of the political and institutional context, structures, and issues of the Navajo Nation's government. We begin with a demographic, institutional, and ideological assessment of the nation as its currently stands, move to a historical overview of the nation from precontact times to the 1989 riots and conclude with a short policy portfolio of three issues—land claims, gaming, and taxation—that will likely impact the shape and direction the nation will head into the twenty-first century.

Indigenous Peoples, American Federalism, And The Supreme Court, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

As America breathes a sigh of relief in the afterglow of the pyrotechnics associated with the first post-September 11 July 4, pondering its global status as as the leading agent in its self-­proclaimed "War on Terrorism," and its domestic situation with a "War on Federalism" raging between the Supreme Court's redefined notion of states' rights and federal authority, it seems a propitious time to ask where indigenous nations fit in this warlike atmosphere, given that the history of Indian/U.S. relations involved a fair amount of war-related activities.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2001-2002), J. Rodney Johnson

Law Faculty Publications

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2002 Session. In addition, there were ten Supreme Court of Virginia opinions and two United States District Court opinions raising issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.

Colorblindness, Race Neutrality, And Voting Rights, Henry L. Chambers Jr.

Law Faculty Publications

The Reconstruction Amendments' guarantee of civil rights and political equality for racial minorities means that with respect to voting and representation, raceneutral results should be as much a constitutional imperative as colorblind process. As such, a colorblind electoral rule that unintentionally lessens the ability of a minority group to vote or to choose its candidate of choice should be deemed unconstitutional under the Fifteenth Amendment, not merely unlawful under the Voting Rights Act, unless the jurisdiction can provide a strong justification for the rule focused on why such a rule is reasonably necessary to safeguard the electoral process. This change …

A Preferable Approach For The Ninth Circuit, Carl W. Tobias

Law Faculty Publications

United States Senators Orrin Hatch (R-Utah) and Frank Murkowski (R-Alaska) recently introduced Senate Bill 2184, which would split the United States Court of Appeals for the Ninth Circuit into two circuits. This measure differs from Senate Bill 253 that embodies the recommendations submitted to Congress by the Commission on Structural Alternatives for the Federal Courts of Appeals after its one-year study. The Commission found "no persuasive evidence that the Ninth Circuit ... is not working effectively" and clearly rejected bifurcation. However, the Commission recommended that Congress impose a divisional restructuring on the Ninth Circuit Court of Appeals and authorize the …

Local Federal Civil Procedure For The Twenty-First Century, Carl W. Tobias

Law Faculty Publications

Federal civil procedure is now byzantine. Lawyers and parties face, and federal judges apply, a bewildering panorama of requirements. There are strictures in the Federal Rules of Civil Procedure as well as Title 28 of the United States Code and dozens of substantive statutes. A stunning array of local measures-including local rules; general, special, and scheduling orders; individual-judge practices; and mechanisms that courts adopted under the Civil Justice Reform Act (CJRA) of 1990 to reduce cost and delay-also govern cases in all ninety-four districts. Many of the provisions· are inconsistent or duplicative, while a significant percentage are difficult to discover, …

Anastasoff, Unpublished Opinions, And Federal Appellate Justice, Carl W. Tobias

Law Faculty Publications

In Anastasoff v. United States, a three-judge panel of the United States Court of Appeals for the Eighth Circuit recently invalidated the court's local rule of appellate procedure providing that "unpublished opinions are not precedent and parties generally should not cite them." Eighth Circuit Judge Richard S. Arnold authored the opinion, holding that this local requirement violates Article ill of the United States Constitution. Regardless of whether the provocative decision in Anastasoff is constitutionally sound, the opinion trenchantly emphasizes the critical significance of a public policy issue that has remained essentially untreated for too long.

The three-judge panel, thus, threw …

Youngstown Revisited, Carl W. Tobias, Christopher Bryant

Law Faculty Publications

One half century ago, President Harry S. Truman promulgated an Executive Order that authorized federal government seizure and operation of the nation's steel mills to support United States participation in the Korean conflict.1 The president relied on his power as commander-in-chief of American armed forces, other executive authority provided by Article II in the United States Constitution, the need for sustaining the American military effort, and temporal exigencies. Eight weeks later, the United States Supreme Court held that Truman lacked any power to seize the property of American steel companies in Youngstown Sheet & Tube Co. v. Sawyer.

On November …

A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen

Law Faculty Publications

Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …

The Doctrine Of Equivalents And Prosecution History Estoppel: The Supreme Court Supports Flexibility Over Certainty In Patent Cases In Festo V. Smc, Sue Ann Mota

Richmond Journal of Law & Technology

The Congress shall have the power to promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive rights to their respective writings and discoveries.

In Search Of A Balance Between Police Power And Privacy In The Cybercrime Treaty, D.C. Kennedy

Richmond Journal of Law & Technology

Imagine that you wake up one morning, turn on your computer, and open an e-mail message with a catchy phrase in the subject line. Immediately after opening the e-mail’s attachment, your personal computer is severely damaged. Obviously having a bad day, you head to your job as an attorney for a multinational corporation. By the time you arrive at work, there has been damage to company computers across the globe. The monetary costs of the damage, coupled with the downtime, are astronomical. The CEO of your company is furious. You hope to diffuse the situation by informing your boss that …

Museletter: November/December 2001, Gail F. Zwirner

Museletter

This Issue:

Law School Dedicates Robert R. Merhige, Jr. Special Collections & Rare Books Room

Reference Source of the Month: Virginia Lawyer and Virginia Lawyer Register by Gail Zwirner

At the Movies: Tortilla Soup by Gail Zwirner

Meet the Library Staff: Amanda Surovy & Kathy Sagan-Salandro

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.

Museletter: October 2001, Gail F. Zwirner

Museletter

This Issue:

Happy 300,000! by John R. Barden

There's Still Time for Technology Tidbits Brownbags

Reference Source of the Month: The Selden Society Publications by John R. Barden.

September is Virus Awareness Month: What Are Worms? How do I get them? by Kim Wiseman

Law at the Movies: The Glass House by Gail Zwirner

Richmond Law Magazine: Fall 2001

Richmond Law Magazine

Features:

Bench Marks

"He Really Taught Advocacy"

Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

A Supreme Court ruling in a case brought by an assisted-living home doesn't offer much assistance to civil rights lawyers. The ruling in Buckhannon Board & Care Home v. West Virginia will frustrate plaintiffs' efforts to recover attorney fees in litigation to vindicate important societal values such as the prevention of discrimination. But it shouldn't come as a big surprise. Buckhannon is only the most recent of numerous High Court decisions since the 1980s that can complicate attempts by plaintiffs lawyers to secure attorney's fees.

Museletter: September 2001, Gail F. Zwirner

Museletter

This Issue:

Banned Books Week - September 22-29, 2001: Celebrate Your Freedom to Read by Timothy L. Coggins

Reference Source for the Month: Continuing Legal Education Sources, Virginia Law Foundation and Practising Law Institute by Gail Zwirner

Computer Services Offers Technology Tidbits Brown Bag Lunches by Kim Wiseman

What's Behind the Curtain? by John Barden

Museletter: August 2001, Gail F. Zwirner

Museletter

This Issue:

Welcome New and Returning Students

From Aphrodite to Quarks: Applying for Judicial Clerkships

New Library System - New Fine Structure

Library Policy Reminder

Recent Faculty Publications

One-L Online Legal Research and Bluebook Training (Required)

Museletter: Summer 2001, Gail F. Zwirner

Museletter

Table of Contents:

"Free"dom of the Press: Web News Source to Charge for Service

Website of the Month: BestJobsUSA.com

University Unveils New Library System

Summer in Richmond: Go Fish!

Library Hours

Meet the Library's Public Service Staff

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

When Raoul Berger turned ninety a little over a decade ago, he was presented with a book of letters from friends and admisrers. Those sending their good wishes were among America's most distinguished jurists, public officials and scholars, including Chief Justice William H. Rehnquist, former Attorney General Edwin Meese III and Professor Philip B. Kurland. The collection was introduced by a letter from former President Ronald Reagan.

Lawyer Advertising In The Electronic Age, Ronald D. Rotunda, Louise L. Hill, Tom Spahn, Ted Allen, William Spruill

University of Richmond Law Review Symposium

The April 5, 2001 symposium consisted of an informal roundtable discussion for the presenters from 2:30-4:30 p.m., followed by a public evening program, from 6:00-8:30 p.m., which featured a role-playing portrayal of a mock disciplinary proceeding about a dispute over lawyer advertising.

Participants in the roundtable discussion were: Ronald D. Rotunda, the Albert E. Jenner, Jr. Professor of Law at the University of Illinois College of Law; Louise L. Hill, Professor of Law at the Widener University School of Law; and William Hornsby, Legal Counsel to the American Bar Association, Commission on Responsibility in Client Development.

The Moot Court program …

Museletter: April/May 2001, Gail F. Zwirner

Museletter

Table of Contents:

Cut the Cord!: UR Implements Wireless Technology by James Wirrell, Alison Merner, and Kim Wiseman

Did you Have a Happy National Library Week? by Joyce Manna Janto

10 Tips for Summer Associate Research Survival: A View from a Former Law Firm Librarian (Repeated by request, previously published in April 2000 Museletter) by Gail F. Zwirner

Carrel Information by Deborah Barlett

Library Hours