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Articles 3721 - 3750 of 6124

Full-Text Articles in Law

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett Jan 2001

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett

Richmond Public Interest Law Review

The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …

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The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie Jan 2001

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Public Interest Law Review

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.

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The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill Jan 2001

The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill

University of Richmond Law Review

Harold "Freddy" Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can "trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. " He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied to vote in the 1996 election for the trustees of the Office of Hawaiian Affairs ("OHA"), however, his application was denied. Why? Because, according to a state statute, he was not Hawaiian enough.

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University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill Jan 2001

Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill

University of Richmond Law Review

Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement? …

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Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman Jan 2001

Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman

University of Richmond Law Review

During the past decade, the Supreme Court loosened restraints that it had previously imposed upon government aid to religious institutions. In 1996, Congress and the President seized upon this phenomenon and implemented a controversial provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996-also known as the Welfare Reform Act of 1996. Included among the various revolutionary provisions of this legislation is something known as Charitable Choice. This program authorizes states to contract with religious institutions to provide social welfare services on behalf ofthe states.

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Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo Jan 2001

Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo

University of Richmond Law Review

This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …

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Annual Survey Of Virginia Law: Corporate And Business Law, Lyman P.Q. Johnson Jan 2001

Annual Survey Of Virginia Law: Corporate And Business Law, Lyman P.Q. Johnson

University of Richmond Law Review

This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II examines legislative changes in corporate and other business statutes (excluding public service corporation and insurance law issues) based on Virginia General Assembly action in the 2001 session. Part III reviews judicial decisions during the year, including decisions addressing agency law, partnership law, and corporate law issues and principles. This article describes these decisions and, in several instances, it also critically analyzes the outcomes. Part IV summarizes a May 25, 2001, Order of the Virginia State Corporation Commission amending the …

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Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer Jan 2001

Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer

University of Richmond Law Review

Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.

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Annual Survey Of Virginia Law: Election Law, Christopher R. Nolen Jan 2001

Annual Survey Of Virginia Law: Election Law, Christopher R. Nolen

University of Richmond Law Review

Depending on your perspective or partisan persuasion, the 2000 presidential election was either an overwhelming triumph of the American electoral system or an abysmal example of justice. Regardless, the recount in Florida caught the attention of the citizens of the nation, and in particular, the legislators in many states. The question, "could 'Florida' happen here?" prompted many in the Virginia General Assembly to cast a scrutinizing eye upon the Commonwealth's election laws. As a result, over one hundred legislative bills and resolutions were introduced in the 2001 Regular Session.' This article surveys the developments in Virginia's election laws from June …

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Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii Jan 2001

Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii

University of Richmond Law Review

This article discusses six areas of labor and employment law in which there was significant activity in Virginia's courts over the past year: (1) covenants not to compete and employee's fiduciary duties to employers; (2) the doctrine of respondeat superior; (3) negligent hiring, retention, and supervision; (4) wrongful discharge in violation of public policy; (5) workers' compensation exclusivity; and (6) employment agreements. Beyond the scope of this article are decisions rendered in other areas of law that affect the employment relationship, including defamation, claims under Virginia's Occupational Safety and Health Act, public employment claims, and unemployment compensation claims.

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Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel Jan 2001

Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel

University of Richmond Law Review

The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 2001

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article examines the pertinent legislative and judicial developments of the past year that have effected juvenile law in Virginia. Specifically, this article discusses new laws and amendments passed by the Virginia General Assembly with respect to juvenile delinquency, non-criminal misbehavior, and termination of parental rights. Part IV discusses changes to Title 22.1 of the Virginia Code that affect school disciplinary matters. Part V examines developments in the area of juvenile mental health. Finally, Part VI discusses various miscellaneous developments affecting youth abortions, teenage driving, parental negligence in the tort context, and a significant amendment made to the Comprehensive Services …

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Class Of 2004, University Of Richmond Jan 2001

Class Of 2004, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2004 at the T. C. Williams School of Law.

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Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett Jan 2001

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett

Richmond Journal of Law and the Public Interest

The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …

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Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton Jan 2001

Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton

Richmond Journal of Law and the Public Interest

On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …

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Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare Jan 2001

Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare

Richmond Journal of Law and the Public Interest

Today, despite daily struggles in courtrooms against capital punishment, there appears little legal room to challenge the death penalty. Most constitutional questions appear "settled. Given the present composition of the Supreme Court, there is scant expectation of any major reversals. Also, the Court's future is to be decided by a President who was governor of a state that has executed more people since 1976 than any other state in the nation. While abolitionist scholars and activists continue to raise constitutional issues, the most dramatic events challenging the death penalty have occurred in the larger political arena outside the courtroom. The …

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University Of Richmond Law Review Index Jan 2001

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

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Letter From The Editor, Dharmesh Vashee Jan 2001

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the third issue of The Richmond Journal of Law and Technology's seventh publication term! The 2000-2001 academic year has proved to be one of the most productive and exciting in the Journal's decorated history. Our Editorial Board and staff have done a phenomenal job on the Journal's seventh volume and we are very proud of the issue we have worked to prepare for you today.

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State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner Jan 2001

State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner

Richmond Journal of Law & Technology

In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.

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Letter From The Editor, Dharmesh Vashee Jan 2001

Letter From The Editor, Dharmesh Vashee

Richmond Journal of Law & Technology

Welcome to the fourth and final issue of The Richmond Journal of Law & Technology's seventh volume! As we close the year, I am proud to report that, in 2000-01, The Journal has experienced unprecedented growth and increased recognition. Our articles are now read by over 33,000 people in 70 countries around the world. Over the past year, our articles have also been cited in a number of cases and used in university classrooms. Further, our CLE symposium, held on March 2, 2001, was a tremendous success, drawing 90 practitioners from across the state.

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Jay Cohen's Brave New World: The Liability Of Offshore Operators Of Licensed Internet Casinos For Breach Of United States' Anti-Gambling Laws, Adrian Goss Jan 2001

Jay Cohen's Brave New World: The Liability Of Offshore Operators Of Licensed Internet Casinos For Breach Of United States' Anti-Gambling Laws, Adrian Goss

Richmond Journal of Law & Technology

On February 28, 2000, Jay Cohen, co-owner of an Antiguan-based Internet casino called World Sports Exchange, was convicted by a U.S. District Court jury in Manhattan of breaching the Wire Communications Act of 1961 (hereinafter Wire Act). A New York federal judge subsequently fined Cohen $5,000 and sentenced him to serve a twenty-one month jail term. A few days prior to his conviction, Cohen's lawyer stated that "Jay strongly believes that he did not commit a crime, that he ran [World Sports Exchange] in a completely legitimate manner."

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Remarks On The Background And Development Of Ucita, Carlyle Ring Jan 2001

Remarks On The Background And Development Of Ucita, Carlyle Ring

Richmond Journal of Law & Technology

It's a real pleasure to be here. My formal name as introduced is Carlyle Ring, but as Barbara Beach who was assistant city attorney when I sat on the City Council for Alexandria, knows well, everybody calls me Connie. And so please address me by my nickname: Connie.

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Ucita And The Virginia General Assembly, Joe T. May Jan 2001

Ucita And The Virginia General Assembly, Joe T. May

Richmond Journal of Law & Technology

The outline for Joe T. May's speech.

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Remarks On The Background And Development Of Ucita, Joe T. May Jan 2001

Remarks On The Background And Development Of Ucita, Joe T. May

Richmond Journal of Law & Technology

I'm Delegate Joe May, and I represent the 33rd House of Delegates District which is far Northern Virginia. I should tell you before we start I'm not an attorney by profession. I'm an electrical engineer with grease under the fingernails to prove it. In fact, I own an electronic manufacturing and engineering firm. And to paraphrase Polonius, I am neither a borrower nor lender of software. I do purchase some, we do sell some. So hopefully my perspective is a little more balanced than it might first appear. I'm going to talk today about the chronology of events that led …

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Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller Jan 2001

Ucita: Still Crazy After All These Years, And Still Not Ready For Prime Time, James S. Heller

Richmond Journal of Law & Technology

In July, 1999, the General Counsels, Vice Presidents, and other senior officers of major information industry technology companies (including Adobe Systems, Intuit, SilverPlatter, Lotus, Novell, and Microsoft), wrote to the National Conference of Commissioners on Uniform State Laws (NCCUSL) urging adoption of the Uniform Computer Information Transactions Act (UCITA) at the then imminent NCCUSL meeting in Denver. The executives wrote that they supported UCITA because "it is true to three commercial principles: commerce should be free to flourish in the electronic age; rules should support use of new (in this case electronic) technologies; marketplace forces should determine the form of …

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Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley Jan 2001

Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley

Richmond Journal of Law & Technology

I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …

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Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert Jan 2001

Uniform Computer Information Transactions Act: Bringing Commercial Law Into The 21st Century, Richard L. Grier, Nancyellen Keane, Peter A. Gilbert

Richmond Journal of Law & Technology

The e-commerce revolution has redefined the way business is transacted everywhere. Meanwhile, the body of commercial law lags behind the fast pace of technological changes and has yet to effectively address the numerous issues presented by radical changes in the world of commerce such as electronic contracts, electronic signatures, shrinkwrap agreements, and click-wrap agreements. In an effort to establish the Commonwealth of Virginia as a national leader on this subject, in 2000 the Virginia General Assembly passed the Uniform Computer Information Transactions Act ("UCITA"). UCITA legislation has been introduced in a handful of other states but the only other state …

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Letter From The Editor, Paul A. Fritzinger Jan 2001

Letter From The Editor, Paul A. Fritzinger

Richmond Journal of Law & Technology

Welcome to Volume 8, Issue 2 of the Journal. In this issue, the authors address three very diverse topics of national and international significance: the liability of internet service providers for copyright infringement, the taxation of e-commerce, and the applicability of the fair use doctrine to instant messaging software. Each of these topics deals with issues that can, and ultimately will, have widespread effects on the use and growth of the Internet.

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University Of Richmond Law Review Jan 2001

University Of Richmond Law Review

University of Richmond Law Review

Volume 35, Number 1

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