Law Commons^™

Students Under Siege? Constitutional Considerations For Public Schools Concerned With School Safety, Jennifer L. Barnes

University of Richmond Law Review

Imagine the following scenario: The principal at River City High School receives a telephone call from an anonymous informant, notifying her that he had observed a knife in "Jimmy's" backpack, and indicated that he might also have access to a gun. The principal recalls that Jimmy is the student who has dyed his hair blue and who wanders the halls wearing a black trench coat and a T-shirt that reads "School Sucks," in violation of the school district's dress code. She checks Jimmy's file and discovers that he has been absent on numerous occasions during the school year and has …

Preface, M. Stuart North

University of Richmond Law Review

The University of Richmond Law Review proudly presents the sixteenth Annual Survey of Virginia Law. Like earlier editions, the 2000 Annual Survey includes practitioner and professor authored articles analyzing and discussing recent legislative, administrative, and judicial developments in the Commonwealth of Virginia. Written by experts in their particular fields, the Annual Survey of Virginia Law endeavors to provide the Law Review's readership with a comprehensive and practical interpretation of the law in the Commonwealth of Virginia.

Annual Survey Of Virginia Law: Health Law, Jonathan M. Joseph, Adam R. Easterday

University of Richmond Law Review

During the past year, the Commonwealth of Virginia has experienced numerous developments in health law on all three major legal fronts-legislative, judicial, and administrative law. These developments have covered a range of health law topics, including everything from revisions to the public certificate of need process for health care facilities and the regulation of body-piercing of minors on the legislative front, to key decisions regarding the scope of the Virginia Birth-Related Neurological Injury Compensation Act and the Health Care Decisions Act on the judicial front, to action on the regulatory front regarding independent external appeals ofhealth plan denials and hospice …

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

In its 2000 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Virginia Code. It also carried over one significant bill to the 2001 Session. In addition, there were nine Supreme Court of Virginia opinions, one United States District Court opinion, two Virginia Circuit Court opinions, and one Attorney General's opinion 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 ofthese legislative and judicial developments.

Foreword, Megan R. Ford

University of Richmond Law Review

The University of Richmond Law Review is pleased to present the eighth annual Allen Chair Symposium issue. The purpose of the annual symposium is to provide a forum for discussion of legal issues of current significance. This is made possible by the generous support of the friends and family of George E. Allen. This issue of the Law Review is the literary complement to the symposium presentations.

Trial Participants In The Newsgathering Process, C. Thomas Dienes

University of Richmond Law Review

The 1990s produced a number of sensational criminal and civil trials. The media and public avidly followed the murder trials of O.J. Simpson and the Menendez brothers, the Oklahoma City bombing trials of Timothy McVeigh and Terry Nichols, and the trial of those charged in the World Trade Center bombing. Civil trials involving products liability, medical malpractice, environmental pollution; the civil trial of O.J. Simpson; Paula Jones's sexual harassment action against President Clinton; and the notorious antitrust case against Microsoft similarly captured the public's attention. Also, as might be expected, trial judges and the legal system generally grappled with questions …

A Realistic Consensus Approach To The Insurance Law Doctrine Of Reasonable Expectations, Peter N. Swisher

Law Faculty Publications

This article's fundamental premise is that, over the past three decades, despite all the debate and confusion surrounding the underlying theory and practice of the insurance law doctrine of reasonable expectations, a modem consensus approach has finally emerged within the academic community and the courts and among insurance law practitioners involving a realistic and viable application of the doctrine to the needs of contemporaryground" synthesis of traditional, objective, and contractually based reasonable expectations principles grafted onto elements of the more modem Keeton formulation of the doctrine. Moreover, this realistic consensus approach to the doctrine of reasonable expectations is both theoretically …

Muslim Women's Rights In The Global Village: Challenges And Opportunities, Azizah Y. Al-Hibri

Law Faculty Publications

In this age of information technology that shrank our world into a global village, it is fair to ask how this recent development has impacted Muslim women's rights across the world. Having just traveled through nine Muslim countries, ranging from Pakistan and Bangladesh to the Gulf States, Egypt, Syria, and Lebanon, I would answer that it is leading, slowly but surely, to reassessment and change.' Attempts to accelerate the pace of this change, however, without full understanding of its complex topology, and the deep-rooted commitment by most Muslim women to spiritual and cultural authenticity, could halt or even reverse this …

Book Review, The Digital Practice Of Law: A Practical Reference For Applying Technology Concepts To The Practice Of Law, Timothy L. Coggins

Law Faculty Publications

A book review on Michael R. Arkfeld's 4th edition of, The Digital Practice of Law: a Practical Reference for Applying Technology Concepts to the Practice of Law.

Print No More: U.S. Code, Code Of Federal Regulations, And The Federal Register, Timothy L. Coggins

Law Faculty Publications

If the United States Congress follows in the direction that it has been moving recently, the United States Code (2000 edition), the Code of Federal Regulations, the Federal Register, the official United States Reports, along with many other primary legal materials currently published and distributed to libraries through the Federal Depository Library Program (FDLP), will no longer be available in print for attorneys, librarians, legal assistants, and citizens. Congress has directed the Government Printing Office (GPO) to move toward electronic dissemination of materials and is reducing GPO’s funding so significantly that GPO soon may no longer publish these and other …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1999-2000), J. Rodney Johnson

Law Faculty Publications

In its 2000 Session, the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Virginia Code. It also carried over one significant bill to the 2001 Session. In addition, there were nine Supreme Court of Virginia opinions, one United States District Court opinion, two Virginia Circuit Court opinions, and one Attorney General's opinion 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 …

Note, Space-Age Medicine, Stone-Age Government: How Medicare Reimbursement Of Telemedicine Services Is Depriving The Elderly Of Quality Medical Treatment, Kristen Jakobsen Osenga

Law Faculty Publications

We have the technology. What is needed is government financial commitment, so argues Kristen Jakobsen in the following discussion of "telemedicine." The term refers to the delivery of health care services by means of modern telecommunications technology. According to Ms. Jakobsen, the telephone, the fax machine, the Internet, and interactive audio-visual transmissions hold the key to making medical care more accessible and less expensive. Potential beneficiaries include vast populations of elderly in rural areas, who tend to be remote from upscale health care facilities and in need of the wherewithal to reach them. Standing in the way, in Ms. Jakobsen's …

A Reexamination Of The Distinction Between “Loss-Allocating” And “Conduct-Regulating” Rules, Wendy Collins Perdue

Law Faculty Publications

The Louisiana choice of law code is an important effort to codify the best of modem conflicts understanding. I routinely teach it to my conflicts students even though few will practice in Louisiana. I think it quite possible that someday states that have followed more ad hoc judicial codifications may consider adopting the more systematic codification found in Louisiana.

The code's choice of law articles on torts incorporate a distinction, first developed in New York, between tort rules that are conduct-regulating and those that are loss-allocating. This rule is built around the premise that there are two fundamental purposes of …

A Unifying Theory Of Sex Discrimination, Henry L. Chambers Jr.

Law Faculty Publications

The structure of this Article is as follows. Part I consists of a hypothetical situation which will be referenced throughout the Article to illustrate sex discrimination jurisprudence. Part II describes the Supreme Court's disparate treatment jurisprudence. Part III describes the Court's restructuring of sexual harassment jurisprudence. Finally, Part IV examines the elimination of the distinction between sexual harassment and disparate treatment and its implications, including the new hostile work environment disparate treatment claim.

Employer Prerogative And Employee Rights: The Never-Ending Tug-Of-War, Henry L. Chambers Jr.

Law Faculty Publications

Where there are employees and employers, there will be employment relationships in need of mending. That reality is enough to guarantee that employment law will always be a warm, if not hot, area of the law. The article and notes on employment law in this issue demonstrate that the development of employment law continues apace.

Balancing Hearsay And Criminal Discovery, John G. Douglass

Law Faculty Publications

and prosecutors. Part I of this Article argues that the conventional theory of hearsaydiscovery balance does not reflect the reality of modem federal practice. An imbalance has arisen because, in the last quarter century, developments in the law of evidence and confrontation are at odds with developments-or one might say nondevelopments-in the law of criminal discovery. Since enactment of the Federal Rules of Evidence in 1975, both the law of evidence and modem Confrontation Clause doctrine have evolved toward broader admission of hearsay in criminal cases. Contrary to conventional theory, that evolution has at least matched-and probably has outpaced-the trend …

Choosing Judges At The Close Of The Clinton Administration, Carl W. Tobias

Law Faculty Publications

Professor Tobias suggests that federal judicial selection is one important area in which ·President Bill Clinton hopes that he will leave a legacy. The author finds that the first Clinton Administration realized much success in choosing judges who make the federal judiciary more diverse and who possess excellent qualifications. Over the last five years, however, the Administration has not been equally successful either in placing highly competent female and minority attorneys on the bench or in filling the perennial judicial vacancies, partly because the Republican Party has enjoyed a significant majority in the Senate. The author's analysis shows that similar …

Chief Judge Martin And The Modern Sixth Circuit, Carl W. Tobias

Law Faculty Publications

In his article, In Defense of Unpublished Opinions, 60 Ohio St. LJ. 177 (1999), Chief Judge Boyce F. Martin, Jr. has recently and eloquently championed judicial reliance on unpublished opinions. Judge Martin, who speaks from more than two decades of service on the United States Court of Appeals for the Sixth Circuit, substantially improves understanding of this court. Judge Martin informally and pragmatically scrutinizes critical problems that confront the modern regional circuits through the prism of unpublished determinations while elucidating judicial dependence on these decisions. Judge Martin apologizes for the dearth of empirical data on the decisions' invocation, but the …

Congress And The 2000 Federal Civil Rules Amendments, Carl W. Tobias

Law Faculty Publications

In April 2000, the United States Supreme Court promulgated, and Chief Justice William H. Rehnquist transmitted to the United States Congress, a comprehensive package of amendments to the Federal Rules of Civil Procedure. The Judicial Conference of the United States, the policymaking arm of the federal courts, had forwarded these proposals to the Supreme Court in September 1999, and the Justices transmitted the amendments to Congress without making any modifications. The new group of federal rules amendments warrants assessment for two reasons. First, a few provisions in the package of revisions are comparatively controversial and could significantly change important aspects …

The Federal Appeals Courts At Century's End, Carl W. Tobias

Law Faculty Publications

The Commission on Structural Alternatives for the Federal Courts of Appeals submitted its report and suggestions to the United States Congress and the President in December 1998. The Commission spent ten months studying the "structure and alignment of the Federal Court of Appeals system, with particular reference to the Ninth Circuit," and two months developing "recommendations for such changes in circuit boundaries or structure as may be appropriate for the expeditious and effective disposition of the caseload of the Federal Courts of Appeals, consistent with fundamental concepts of fairness and due process." The centerpiece of the Commission's proposal is the …

Filling The Federal Appellate Openings On The 9th Circuit, Carl W. Tobias

Law Faculty Publications

Throughout much of the 1990s, the United States Court of Appeals for the 9th Circuit has operated with fewer than the court's complete complement of 28 active judges. Since 1995, when Republican senators representing states of the Pacific Northwest instituted a serious campaign to divide the 9th Circuit, the court has essentially functioned absent one-fourth of its membership. The large number of openings and their protracted nature, as well as a steadily expanding docket, have demanded that the 9th Circuit depend on many appellate and district court judges who are not active members of the 9th Circuit when staffing three-judge …

Reinventing Tax Expenditure Reform: Improving Program Oversight Under The Government Performance And Results Act, Mary L. Heen

Law Faculty Publications

In this Article, Professor Heen examines the new framework for performance-based management and oversight of federallyfunded programs, describes emerging efforts to incorporate tax expenditures into the performance review process, and places these developments into context by evaluating past experiences with tax expenditure reform. Professor Heen concludes that the new framework provides a promising executive branch mechanism for achieving a more coordinated review of functionally related government programs, whether funded or implemented through direct expenditures, tax expenditures, or regulatory programs. However, as past experience illustrates (including, for example, experience with employment subsidies such as the Work Opportunity Tax Credit and the …

The Developing Legal Infrastructure And The Globalization Of Information: Constructing A Framework For Critical Choices In The New Millennium Internet -- Character, Content And Confusion, Tomas A. Lipinski

Richmond Journal of Law & Technology

This paper reviews recent attempts to extend traditional property rights and other information controls and regulations into new media, such as cyberspace, primarily the World Wide Web. It reviews developments in copyright, trademark, trademark dilution, misappropriation, trespass, censorship, tort, privacy and other legal doctrines as they are reflected in recent United States case law and legislation, and to a lesser extent, in international agreements. Legal problems often arise because there is a conflict of viewpoints in how to best characterize space on the Internet, specifically the World Wide Web. Some argue that traditional ownership rights should apply, or perhaps a …

The Development Of Arbitration In The Resolution Of Internet Domain Name Disputes, Christopher S. Lee

Richmond Journal of Law & Technology

Web surfers who use the AltaVista Internet search engine may not realize that in 1998, Compaq Computer Corporation paid $3.3 million for the rights to the domain name AltaVista.com. A year later, eCompanies paid $7.5 million for the domain name business.com. And in February of 2000, Bank of America paid $3 million for the domain name loans.com. These transactions demonstrate that the ownership, transfer, and control of Internet domain names is a multi-million dollar industry.

Opening Remarks At The Ninth Annual Austin Owen Symposium, John Plunkett

Richmond Journal of Law & Technology

Let me say it's a pleasure to be here. It's both a privilege and a pleasure to have the opportunity to speak with you on topics certainly near and dear to my heart having to do with technology. It is a pleasure for me to welcome you to the 9th Annual Austin Owen Lecture, and to welcome you to my alma mater. It's a pleasure for me to be back here on this campus almost weekly, participating in a variety of different activities.

The Uniform Computer Information Transactions Act (Ucita): 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, Silver Platter, Lotus, 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 supported the adoption of 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, and marketplace forces should determine the form …

Ethical Challenges Of Restructuring For Lawyers: Lawyer/Client Loyalty In A Rapidly Evolving Industry, Robert E. Eicher

Richmond Journal of Law & Technology

This article is the outline of Mr. Eicher's speech.

Museletter: November/December 1999, Gail F. Zwirner

Museletter

Table of Contents:

"A" in Ping-Pong, "F" in Torts: Dean William Taylor Muse, 1906-1971

UR Readies for Y2K: System Shutdown to Occur December 31 by Alison Merner, Network Administrator

Thanks Law Library Student Employees!

Internet Sites Give Bookstores Competition

Law Library Dedicates Virginia Collection to James C. Roberts

Let's Talk Turkey: Census Bureau Facts for Features

[Library Hours]

Museletter: October 1999, Gail F. Zwirner

Museletter

Table of Contents:

Bridging the Gap: Alternative Sources for Virginia's Workers' Compensation Commission Decisions

[Library Hours]

At the Movies: Double Jeopardy by Gail Zwirner

Ask Dr. Catalog by Sally Wambold

Richmond Law Magazine: Fall 1999

Richmond Law Magazine

Features:

Greater Heights

Attracting Top Faculty

Drawing Stellar Students

Sharpening Career Focus