Law Commons^™

Clinton's Legacy On Indigenous Issues, David E. Wilkins

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

The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.

Judicial Terror Confronts Indian Nations, David E. Wilkins

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

As the Bush Administration broadens its constitutionally problematic assault on real and alleged terrorists, both home and abroad, endangering the very rights and liberties it accused Osama bin Laden of savagely attacking, the judicial branch of the government, occupied by a majority of conservative justices, is doing its part to shatter the sovereign rights and economic liberties of indigenous nations.

The Economic Case For Labor Standards: A Layman’S Guide, Thomas I. Palley

Richmond Journal of Global Law & Business

The place of labor standards in the global economy has figured prominently in recent discussions of trade and globalization. Labor standards figured prominently in the Seattle meeting of the World Trade Organization (WTO) in 1999, and they promise to figure prominently in discussions about a proposed Free Trade Area of Americas (FTAA). Labor standards represent a critical issue for both the American labor movement and the international trade union movement as they are central to making globalization work for working people.

A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran

University of Richmond Law Review

Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …

The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes

University of Richmond Law Review

The 2000 presidential election transported the nation down a long and winding road without a map and headed in an uncertain direction. While it might be an exaggeration to say that the system of constitutional law was self-destructing, it is undoubtedly true that the events surrounding the election were spinning out of control, and that irreparable harm to the electoral process and thereby the nation was imminent.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin

University of Richmond Law Review

Recent developments in environmental law in Virginia continue to reflect several trends. These trends may be grouped into six general categories: (1) the growing tension between federal environmental mandates and their practical implementation through delegated state programs; (2) the continuing debate over the exact definition of "interstate commerce" and the scope of state authority to regulate in the gray area; (3) the impending deregulation of the electrical energy market; (4) the promotion of sustainable development; (5) the developing schism between state and local land use control; and (6) the evolving nature of administrative law in the environmental context. The following …

Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch

University of Richmond Law Review

These are exciting times for commercial lawyers. Over the past fifteen years, the sponsoring organizations of the Uniform Commercial Code (UCC or the Code), the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), have been hard at work to keep the UCC responsive to contemporary needs. Aside from periodic adjustments to existing UCC articles that reflect societal changes, two new articles have been added to cover commercial activity previously governed by the common law of contract. In 1998, the ALI and NCCUSL gave their approval to the final text of the newest version …

Arbitration Of Statutory Claims In The Unionized Workplace: Is Bargaining With The Union Required?, Ann C. Hodges

Law Faculty Publications

This article analyzes the question of whether arbitration of statutory claims should be classified as a mandatory or permissive subject of bargaining under the National Labor Relations Act (NLRA). First, this article reviews the post-Wright cases that hold that a union-negotiated waiver is permissible. Second, this article reviews the only decision to consider the issue of classification of the bargaining subject, Air Line Pilots Ass'n, International v. Northwest Airlines, Inc., a case arising in the United States Court of Appeals for the District of Columbia under the Railway Labor Act. In that case, the court concluded that the …

Just Do It To Stay Interested And Fresh, In Paul M. George, Care And Maintenance Of The Successful Career: How Experienced Law Librarians Make Their Work Rewarding, Timothy L. Coggins

Law Faculty Publications

An article about how a "more seasoned" law librarian remains fresh in his or her career.

Adr At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …

Fatal Attraction? The Uneasy Courtship Of Brady And Plea Bargaining, John G. Douglass

Law Faculty Publications

Part I of this Article discusses the natural attraction between Brady-a rule requiring disclosure of evidence favorable to a defendant-and plea bargaining-a practice where such information is at a premium for defendants. Part II describes how an increasing number of courts have adapted Brady to fit in the world of a plea bargain, in the process changing Brady's point of reference from the jury's verdict to the defendant's tactical decision to plead guilty. Part ill argues that this change in focus narrows Brady's substantive coverage and renders the rule practically unenforceable following most guilty pleas. Part IV then assesses the …

The Practical Scholar, David G. Epstein

Law Faculty Publications

Larry King was "the practical scholar" for bankruptcy. In 1992, Harry Edwards, a District of Columbia Court of Appeals judge who has been a lecturer at New York University Law School since 1989, provided a definition of "practical scholarship" that defines Larry's scholarship: "[I]t analyzes the law and the legal system with an aim to instruct attorneys in their consideration of legal problems; to guide judges and other decisionmakers in their resolution of legal disputes; and to advise legislators and other policymakers on law reform.

Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash

Law Faculty Publications

Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.

In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …

The Validation Of Shrink-Wrap And Click-Wrap Licenses By Virginia's Uniform Computer Information Transactions Act, Scott J. Spooner

Richmond Journal of Law & Technology

Shrink-wrap and click-wrap licenses play a vital role in enabling businesses and consumers to gain access to and use a variety of computer hardware and software. Such licenses effectively transfer computer-related technology to customers, vendors, and consumers by defining the terms of use of the software without implicating the "first sale doctrine" of the Copyright Act. While shrink-wrap and click-wrap licenses have become essential to the software industry and the new economy as a whole, the law applicable to such licenses has been unclear and unsettled. Courts have struggled to develop a coherent framework governing the validity and enforceability of …

United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon

Richmond Journal of Law & Technology

The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …

An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.

Richmond Journal of Law & Technology

Virginia has taken a strong and important leadership in establishing rules for the Information Highway through the Joint Committee on Technology and Science (JCOTS) and Delegate Joe T. May. Without the Uniform Computer Information Transactions Act (UCITA) no established rules exist in common law for the Information Highway, which means that each judge must create the rules in each case as it arises. Every judge will make his own rules for the particular case. This results in great inconsistency and uncertainty adversely affecting the realization of the full potential of the Information Age economy. Governor Gilmore states: In 2000, Virginia …

Remarks On Ucita In Practice: Attorney Views, Richard Grier

Richmond Journal of Law & Technology

I agreed to talk about the default sections, which I'm going to talk about in just a minute. I learned this morning by listening to Mr. Ring, the default sections take up two-thirds of the Act. And I didn't realize that when I agreed to take up the default sections, but actually that's okay because the other thing I found during the day is that practically every other speaker you have heard has talked about default sections. Most of what I have to tell you, you've heard a little piece of already. What's different, though, is that I want to …

Museletter: December 2000/January 2001, Gail F. Zwirner

Museletter

Table of Contents:

Take Me to Your Leader: The Library's Administrative Staff by Deborah Barlett

How We Stack Up: The National Jurist Releases Law School Library Rankings

At the Movies: Men of Honor by Gail Zwirner

Under Construction

There's a Nip in the Air: Nip Computer Problems with Preventative Maintenance by Kim Wiseman

Library Hours

Museletter: November 2000, Gail F. Zwirner

Museletter

Table of Contents:

Technically Speaking: Meet the Technical Services Staff by Tim Edwards

At the Movies: The Contender by Gail Zwirner

New!!! Law School Exams Now Available Online! by James Wirrell and Lois Brown

Recent Faculty Publications

Fall 2000 Computer Challenges by Kim Wiseman

William Taylor Muse, November 27, 1906 - October 31, 1971

Museletter: October 2000, Gail F. Zwirner

Museletter

Table of Contents:

In the Public Eye: Meet the Public Services Staff by James Wirrell

Library Hours

Websites of the Month: Election 2000 by Gail F. Zwirner

Lexis/Westlaw Update

News from Dr. Catalog: When Was That Law Journal Really Published? by Sally Wambold

Richmond Law Magazine: Fall 2000

Richmond Law Magazine

Feature:

Decisive Moment

Museletter: September 2000, Gail F. Zwirner

Museletter

Table of Contents:

UCITA: What Does it Mean to Libraries and Researchers by Timothy L. Coggins

Library Hours

September is Constitution Month

We Three Computer Geeks: Meet the Computer Services Staff by Kim Wiseman

Website of the Month: NOAA's Hurricane Center, http://www.noaa.gov/

Museletter: August 2000, Gail F. Zwirner

Museletter

Table of Contents:

Welcome New and Returning Students by Timothy L. Coggins, Director & Associate Professor

Library Hours

Jeff MacNelly (1947-2000): Connections to the Merhige Papers by John Barden

Virginia Law Librarians Receive National Recognition at Annual Conference

Librarian/Computer Staff to Provide Research and Computer [Classes]

One-L Online Legal Research Training (Required)

Recent Faculty Publications

Muse Library Facts

Deliberate Intent Premieres on FX

At the Movies: Bossa Nova by Gail Zwirner

Museletter: Summer 2000, Gail F. Zwirner

Museletter

Table of Contents:

Welcome Summer Entry Students

Website of the Month: BestJobsUSA.com

At the Movies: Rules of Engagement by Gail Zwirner

Richmond Goes Hollywood: The City's Movie Trivia

Summer Library Hours

Meet the Library's Public Service Staff

Trying Cases In The Media: Legal Ethics, Fair Trials And Free Press, John Douglas, Gerald Zerkin, Steve Nash, Margaret P. Spencer, Craig Thomas Merritt, J. Joshua Wheeler, Paul D. Carrington, C. Thomas Dienes, John E. Nowak, Molly Delea, Kate Murray, Thomas Queen, Courtney Sydnor

University of Richmond Law Review Symposium

The 2000 symposium consisted of a panel discussion which used role-playing and a mock trial to highlight the issues of lawyer/litigant comments to the press before and during trial and the dilemma of journalists confronted by court demands for documents, testimony, or sources of information obtained in the course of gathering news on pending trials. Participants included:

As United States Attorney for the Eastern District of Freedonia: John Douglas, Associate Professor of Law at the University of Richmond.

As Freedonia criminal defense lawyer: Gerald Zerkin, Private Defense Attorney.

As investigative journalist: Steve Nash, Associate Professor of Journalism at the University …

Museletter: April 2000, Gail F. Zwirner

Museletter

Table of Contents:

National Library Week: April 9-15, 2000 - Meet Your Muse Library Staff!

Carrell Information by Deborah Barlett

At the Movies: Erin Brockovich by Gail Zwirner

10 Tips for Summer Associate Research Survival: A View from a Former Law Firm Librarian by Gail Zwirner

It's Exam Time: Please Take the Conversations Outside the Library

Library Hours

[Daylight Saving Time history]

Richmond Law Magazine: Spring 2000

Richmond Law Magazine

Feature:

Tobacco

Museletter: March 2000, Gail F. Zwirner

Museletter

Table of Contents:

KeyCite v. Shepard's: How the Two Online Citator Services Compare by James Wirrell

Library Hours

Countdown to Census 2000: Over 121 Million Households to Receive Questionaire

Catch the Last Brownbag Sessions of the Year!

Museletter: February 2000, Gail F. Zwirner

Museletter

Table of Contents:

Library Responds to Student Survey with Series of Legal Research/Computer Classes

Celebrate Black History Month

Library Hours

Lexis-Nexis v. Westlaw: Core Concepts v. Headnotes