Law Commons^™

A Dynamic, New Age Of Political Participation, James S. Gilmore Iii

University of Richmond Law Review

For Virginians, the new millennium marked more than the passage of a symbolic moment in time. We wrote history, dawning a dynamic, new age of political freedom and progress in the Commonwealth.

Change And Continuity On The Supreme Court: Conversations With Justice Harry A. Blackmun, Philippa Strum

University of Richmond Law Review

Justice Harry A. Blackmun used to enjoy telling a story about Supreme Court conferences during the Court's 1970 term, his first on the Court. Warren Burger was ChiefJustice; Hugo Black was the most senior Justice. Court protocol, of course, is that the Chief Justice begins the discussion of each case, the most senior Justice speaks second, and the floor goes in turn to each of the other Justices according to descending seniority. Chief Justice Burger would present a case by laying out the issues involved as he saw them and the decision he believed the Court should reach. Then he …

Looking Sideways, Looking Backwards, Looking Forwards: Judicial Review Vs. Democracy In Comparative Perspective, Ran Hirschl

University of Richmond Law Review

For the [past] two centuries, the Constitution [has been] as central to American political culture as the New Testament was to medieval Europe. Just as Milton believed that "all wisdom is enfolded" within the pages of the Bible, all good Americans, from the National Rifle Association to the ACLU, have believed no less of this singular document.

Response: Politics, National Identify, And The Thin Constitution, Mark Tushnet

University of Richmond Law Review

Any author would be pleased at having his or her work taken as seriously as mine has been by the contributors to this Symposium. As I wrote in Taking the ConstitutionAway from the Courts, my aim was not so much to place on the table a serious policy proposal-elimination of judicial review-but rather was to broaden a discussion about constitutionalism and judicial review that has been far too narrow. For a decade or more, constitutional theory and theorists have been overly concerned with questions about constitutional interpretation that are the legacy of controversies over the Warren Court's liberal activism. The …

Comparing Alternative Approaches About Congress's Role In Constitutional Law, Charles Tiefer

University of Richmond Law Review

Mark Tushnet's Taking the ConstitutionAway from the Courts presents many aspects of the theme expressed in its title. I find most interesting the aspect concerning Congress's role in constitutional law. I like this aspect because I spent almost two decades working on constitutional law in Congress, principally as the House of Representatives' Solicitor and Deputy General Counsel representing the House of Representatives in countless constitutional controversies, and I have written a good deal about it. Tushnet provides us with an alternative perspective from which we can view Congress both during that time and since. Tushnet's book is kind enough to …

Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii

University of Richmond Law Review

Developments in Virginia construction law during the year 1999-2000 were more modest than those of 1998-1999. Still, several decisions by the Supreme Court of Virginia, the Virginia Court of Appeals, and the United States Court of Appeals for the Fourth Circuit justify the attention of those involved in the construction industry and its related legal practice. These cases address topics involving mechanic's lien waivers, the bar of sovereign immunity, recovery of direct and consequential damages, surety obligations, tortious interference with the bid process, and sanctions by the Virginia Board of Contractors. The majority of these cases demonstrate that the appellate …

Annual Survey Of Virginia Law: Criminal Law And Procedure, Michael Edmund O'Neill

University of Richmond Law Review

The Commonwealth of Virginia is so named (as opposed to being denominated simply a "state") because the term "commonwealth" is used to indicate a government in which "supreme power is vested in the people."' That term is particularly apt, for in what better way does a government provide for the common weal of its people than by protecting them against crime, while at the same time respecting their individual rights and liberties? This is a delicate balance, one that is reflected in this survey of the most recent developments in Virginia criminal law and procedure. The legislative enactments and judicial …

Populist Natural Law (Reflections On Tushnet's "Thin Constitution"), Frank I. Michelman

University of Richmond Law Review

Constitutional review is the activity of measuring action choices of governments against a pre-existing set of publicly known or ascertainable, "higher" norms for the conduct of government. Anyone can do it: chief executives pondering vetoes or preparing state messages; legislators contemplating legal change; police chiefs reviewing department manuals; school board members debating curriculum guides; city planners routing highway expansions; citizens lobbying and pundits castigating any or all of the above; dinner partners talking politics; candidates running for office; voters turning out rascals. "American-style judicial review," let us say, is constitutional review conducted by a nonpopular, unelected, life-tenured body, whose decisions, …

Museletter: January 2000, Gail F. Zwirner

Museletter

Table of Contents:

From Thermal Paper to Spam: Reflections on the Legal Community's Tango with Online Information Access by Paul Birch

Library Hours

Reference and Computer Services Staff Team Up to Provide Series of "Brownbag" Refresher Courses

Library Relaxes Drink Container Policy

ONE-L Lexis and Westlaw Training Schedule

Recent Faculty Publications

Class Of 2003, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2003 at the T. C. Williams School of Law.

Planning For High Net-Worth U.S. Persons Through The Use Of Offshore Life Insurance, J. Richard Duke

Richmond Journal of Global Law & Business

Sophisticated planning for the high net-worth United States citizens often includes the use of offshore variable life insurance. Such leading edge planning is accomplished through structures that provide income, gift, estate, and generation-skipping transfer tax planning not available domestically. In addition to providing sophisticated tax and estate planning benefits, variable life insurance policies issued by foreign-based carriers have numerous economic advantages.

Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos

Richmond Journal of Law and the Public Interest

As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …

The Extradition Proceedings Against General Pinochet: A Case Study In The Emerging International System Of Criminal Justice, Lee _

Richmond Journal of Law and the Public Interest

The ruling of the House of Lords that General Pinochet can be extradited to Spain to stand trial for crimes against humanity lends support to the emerging theory of universal jurisdiction for certain crimes under international law. The following discussion of the elements of General Pinochet's case will show that the international community, by and large, is willing to sacrifice some national sovereignty in order to eradicate torture and other human rights violations. It will do so through an elucidation of the concepts of jus cogens, international ethics, head of state immunity, human rights crimes, universal jurisdiction, and extradition.

The Delivery Of Legal Services Through Multidisciplinary Practices, James M. Mccauley

Richmond Journal of Law and the Public Interest

During the last decade, the "Big Six" accounting firms entered into the legal services market overseas by establishing, acquiring, or forming ties with law firms around the world. These entities or business relationships have been called "multidisciplinary practices" or MDPs. Unlike the United States, many European countries do not prohibit partnerships and fee splitting arrangements between lawyers and nonlawyers. The February 1998 issue of the American Bar Association Journal published an article entitled "Squeeze Play" describing a turf war between the major accounting firms and lawyers practicing law in Europe. KPMG Peat Marwick, Arthur Andersen, Ernst & Young, Price Waterhouse, …

Charter School Legislation In Virginia: How Race, Regional Tension, And The Absence Of Crisis Produced A "Weak" Law, Frederick M. Hess, Bradley C. Davis

Richmond Journal of Law and the Public Interest

The widespread success of charter school legislation has fostered a perception that charter schooling is apolitical and has clouded our understanding of the politics of the issue. In a case study of Virginia's charter school program, we suggest that three important political variables have been largely overlooked to date. The "weak" form of Virginia's charter school legislation can be attributed in large part to: (1) the schism between the educationally privileged communities of Northern Virginia and those of the rest of the state, (2) the lack of a perceived educational crisis, and (3) the vocal presence of minority opposition. Teacher …

Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel

University of Richmond Law Review

I start from the rather obvious proposition that in recent years the American public has placed a high value on the right of privacy. This general commitment to privacy was what kept Robert Bork, despite his qualifications, off the Supreme Court, and more recently it was what kept William Clinton, despite his behavior, in the White House. Bork's nomination was a threat to the constitutional right to use contraceptives and to choose abortion, while the impeachment charges against Clinton were a threat to the moral distinction between public political life and private sexual behavior. The power that the idea of …

Nuremberg In America: Litigating The Holocaust In United States Courts, Michael J. Bazyler

University of Richmond Law Review

The phrase "opening the floodgates of litigation" connotes a pejorative meaning in American legal argument. Most often, it is used by courts as a reason not to allow a certain case to proceed for fear that it would overburden both courts and society with a new class of lawsuits.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Ride-Alongs, Paparazzi, And Other Media Threats To Privacy, Robert M. O'Neil

University of Richmond Law Review

When the Supreme Court first addressed the status of "ride- alongs" in late May of this year, the role of the news media could have been treated in any of several ways. The law enforcement officers, who were sued for invasion of privacy because they invited reporters to accompany them while serving an arrest warrant in a private home, offered several extenuations. The presence of journalists, they argued, would provide direct information to the general public about important news events. Moreover, reporters who took part in the arrest could, in a sense, keep the police honest, or at least make …

I Spy: The Newsgatherer Under Cover, Diane Leenheer Zimmerman

University of Richmond Law Review

Hysteria about the press, like the flu, breaks out periodically, and when it does, few of us are better off for having lived through the experience. We are currently on what I sincerely hope will prove to be the receding edge of the latest epidemic ofpublic outrage about the press, and, as usual, the frenzied state has not brought out the best in either the media or its critics.

The Law Professor As Populist, Mark A. Graber

University of Richmond Law Review

A new populism is taking root in the strangest soil, American law schools. Tocqueville regarded "the profession of law" as an "aristocratic element," "a sort of privileged body in the scale of intellect." Lawyers, he observed, belonged to "thehighest political class," and routinely developed "some of the tastes and habits of aristocracy." During the 1990s, however, bold challenges to elite rule in the name ofpopular majoritarianism were issued by distinguished professors and chair holders at the most prestigious law schools in the United States. Such leading jurists as Richard Parker, Jack Balkin, Akbil Reed Amar, Sanford Levinson, and Mark Tushnet …

Herbert Wechsler's Complaint And The Revival Of Grand Constitutional Theory, Keith E. Whittington

University of Richmond Law Review

In 1988, Mark Tushnet noted the "revival of grand theory in constitutional law." Tushnet was somewhat unusual in specifying the object of contemporary constitutional theory so precisely. As he noted, what had been revived in the late twentieth century was an "interest in comprehensive normative theories of constitutional law." There was relatively little broad concern with constitutionalism in this revival, but quite a lot of concern with justifying and elaborating the preferred constitutional decisions of the Supreme Court in specific cases. Having "just published a book on constitutional theory that I unsurprisingly but undoubtedly erroneously regard as the last word …

Annual Survey Of Virginia Law: Corporate And Business Law, Peter E. Broadbent Jr., John E. Russell

University of Richmond Law Review

Virginia corporate and business law changes in the last year continue to challenge the practitioner to stay abreast of such developments in order to provide accurate advice to clients. This article summarizes the developments in the law in Virginia occurring from June 1999 through May 2000, with the legislative changes described based on Virginia General Assembly action in the 2000 session. Part II examines those legislative changes in corporate and business law (excluding public service corporation/public utility law issues). While many of the legislative changes are not significant, three new uniform laws (revised Article 9 of the Uniform Commercial Code …

Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves, J. Douglas Cuthbertson

University of Richmond Law Review

This article reviews the changes in Virginia insurance law that have occurred in the past two years. Most of the developments have been in motor vehicle liability and uninsured/underinsured motorist ("VM/UIM") coverage. But the article also surveys cases on bad faith, fire insurance, insurance regulation, life insurance, motor vehicle medical expense insurance, and waiver and estoppel.

Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez

University of Richmond Law Review

This article surveys judicial and legislative developments in Virginia property law since the last Survey article on this topic was published, with primary emphasis on developments from June 1, 1998 to June 1, 2000. Although there were interesting developments in several areas of property law, the most important developments arose in the Supreme Court of Virginia's decisions involving covenants, servitudes, and easements. A significant portion of this article will explain and analyze those decisions.

Annual Survey Of Virginia Law: Technology Law, John S. Jung

University of Richmond Law Review

During the 2000 Session, the General Assembly considered eighty-one technology related bills, forty of which were enacted. This article summarizes the more significant technology bills enacted during this session. One of these bills, House Bill 719,1 enlarged the Joint Commission on Technology and Science ("JCOTS"). The 1997 Virginia General Assembly created JCOTS aas a permanent legislative agency" to "generally study all aspects of technology and science and endeavor to stimulate, encourage, promote, and assist in the development of technology and science in the Commonwealth and sound public policies related thereto." JCOTS, which originally consisted of nine legislators-five delegates and four …

The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan

Richmond Journal of Law & Technology

Following the coming new year, the Y2K Problem will create problems worldwide. While the exact extent of its harm is open to debate, there is no disagreement over its inevitability. In fact, some computer-related companies (including the makers of Norton Anti-Virus and Quicken for Windows have already been sued for damages arising from allegedly non-Y2K-compliant products. While various actors at all levels of business and government will be subject to legal liability for such malfunctions, this article will examine the legal liability of software producers and engineers under current remedial theories. Software manufacturers are a logical choice for this examination …

You Can't Always Get What You Want: Government's Good Intentions V. The First Amendment's Prescribed Freedoms In Protecting Children From Sexually-Explicit Material On The Internet, Abbigale E. Bricker

Richmond Journal of Law & Technology

Once a small and diverse community of a handful of government computers, the Internet has expanded to an estimated 157 million users worldwide. According to current studies, the fastest growing user populations on the Internet are thirteen to eighteen year-olds and five to twelve year-olds. In addition, the latest "research . . . predicts that the number of children online [will increase] by 155% between 1998 and 2002."

Using The Digital Millennium Copyright Act To Limit Potential Copyright Liability Online, Jonathan A. Friedman, Francis M. Buono

Richmond Journal of Law & Technology

Any online service provider ("OSP"), including a website operator, that accepts user postings or includes content from other parties on its website or online service is at risk that it will be held liable if such third-party content infringes the copyright of another party. Liability for copyright infringement is an expensive proposition and can run into the millions of dollars. Thus, an OSP must be vigilant in limiting its potential liability in connection with such third-party content.

One Professor's Approach To Increasing Technology Use In Legal Education, Shelley Ross Saxer

Richmond Journal of Law & Technology

Legal educators must increase the use of technology in legal education today Although some legal educators may disagree vehemently with this statement, most have accepted the fact that technology has and will become an even greater part of the fabric of our learning institutions. Students in kindergarten spend some portion of their week in the computer lab. By the time kids reach their middle- and high-school years, many are well-versed in word processing programs, e-mail, and surfing the Internet. Elementary school teachers are trained and encouraged to use multi-media software, the Internet, and other technology in their classrooms because not …