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Articles 3991 - 4020 of 6124
Full-Text Articles in Law
Electronic Commerce And Non-Resident Aliens: The Internal Revenue Service Versus International Cyberspace Transactions, Jonathane M. Ricci
Electronic Commerce And Non-Resident Aliens: The Internal Revenue Service Versus International Cyberspace Transactions, Jonathane M. Ricci
Richmond Journal of Law & Technology
The year is 1999. Jack Jones has just retired from practicing civil law in the United States and has returned to his home country of Trinidad, just off the coast of South America, where he now resides. Jack has an idea to keep him busy during retirement. He made many contacts in the U.S. legal community and his work is well-respected. So, Jack decided to keep writing for attorneys in the U.S.
The Digital Signature: Your Identity By The Numbers, W. Everett Lupton
The Digital Signature: Your Identity By The Numbers, W. Everett Lupton
Richmond Journal of Law & Technology
Electronic commerce is the future of business. Today electronic commerce is a $3.6 billion industry. Thousands of businesses use the Internet to buy and sell their wares. As individuals and businesses increasingly use the Internet for commerce, contracts are moving online too. Because electronic commerce is conducted online, it is infeasible to make contracts through the traditional paper method. An electronic contract can be sent halfway across the world in seconds; whereas the same contract on paper would take days or weeks.
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Public Interest Law Review
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Dickerson And The Future Of Miranda, Brenda E. Mallinak
Richmond Public Interest Law Review
Dickerson v. United States is one such case where the Fourth Circuit considered §3501 sua sponte and applied the statute in the absence of Miranda warnings. This action by the Fourth Circuit raises four issues which will be addressed in this paper. Part I addresses the issue of whether the federal executive branch can decline to enforce a law passed by Congress will be examined, as well as the related question of whether, in the face of executive refusal to use a law, can the courts sua sponte rely on that law to decide a case. In Part 11 the …
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
A Federal Appellate System For The Twenty-First Century, Carl W. Tobias
Law Faculty Publications
In December 1998, the Commission on Structural Alternatives for the Federal Courts of Appeals issued a report and recommendations for Congress and the President. The commission resulted from ongoing controversy over splitting the U.S. Court of Appeals for the Ninth Circuit The commissioners clearly suggested that the circuit remain intact but proposed three regionally based adjudicative divisions for the appeals court. However, the commission did not adduce persuasive empirical evidence that the Ninth Circuit experiences difficulties that are sufficiently problematic to warrant treatment, particularly with the essentially untested divisional arrangement Accordingly, the Ninth Circuit should continue to experiment with promising …
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Law Faculty Publications
Since the last report on developments in Virginia's law of administrative procedure,' both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types of licensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.
Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan
Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan
Richmond Public Interest Law Review
In Part I, this article will examine the anti-contact rule, its history, goals, and the path it has taken in the context of prosecutorial contact with represented parties. Part II will discuss the McDade Amendment, its genesis and purpose. Part III will discuss the struggle undertaken by the Department of Justice [hereinafter "DOJ"] as it seeks to exempt its lawyers from the anti-contact rule. Finally, Part IV looks at arguments for and against prosecutorial exemption from the anti-contact rule.
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
The U.S. Sentencing Guidelines: A Surprising Success?, James Gibson
Law Faculty Publications
The author discusses whether the U.S. Sentencing Guidelines represent an advance in our nation's approach to criminal law or a step backward-a "dismal failure," as Judge Cabranes so bluntly asserted a few years ago. The authors goal is to convince you that the guidelines are in fact a surprising success, indeed that they represent a step forward in federal criminal justice.
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
Environmental Impact Assessment Laws In The Nineties: Can The United States And Mexico Learn From Each Other?, Heather N. Stevenson
University of Richmond Law Review
The National Environmental Policy Act of 1969 (NEPA) was the first major environmental law in the United States. The statute "was devised to establish a comprehensive national policy which would ... guid[e] federal activity and provid[e] for a coordinated, informed approach toward dealing with environmental problems." Since NEPA's enactment, agencies have been "required to prepare environmental analyses, with input from the state and local governments, Indian tribes, the public, and other federal agencies, when considering a proposal for a major federal action." Although most of the environmental impact assessment law in the world is modeled on NEPA and the impact …
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
Mfn Relations With Communist Countries: Is The Two-Decade Old System Working, Or Should It Be Revised Or Repealed?, Taunya L. Mclarty
University of Richmond Law Review
Most Favored Nation ('MEN") trade status has been a cornerstone of U.S. trade policy since 1934, and it is extended to all nations except those specifically denied MFN status by U.S. law. Since 1934, the United States has used MFN status as leverage to further U.S. national security and foreign policy goals, and on a few occasions, has used it as a tool to obtain trade concessions.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
We Some Of The People: Akhil Reed Amor And The Original Intent Of The Bill Of Rights, Wythe Holt
We Some Of The People: Akhil Reed Amor And The Original Intent Of The Bill Of Rights, Wythe Holt
University of Richmond Law Review
The Leninist model of working-class consciousness and that of the Commons/Perlman progressive school of labor economists have much in common. Both regard the intellectual as playing a crucial role in changing the workers' consciousness.
Akhil Amar And The Establishment Clause, Andrew Koppelman
Akhil Amar And The Establishment Clause, Andrew Koppelman
University of Richmond Law Review
Does Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") say anything about what the law should be today? The answer is not clear. The book is a study of the original meaning of the Bill of Rights and the transformation of that meaning by the Fourteenth Amendment. Its project is archaeological rather than prescriptive. It focuses on what the Constitution meant in 1791 and in 1866, not what it means now. Amar acknowledges that he has "merely set the scene" for an investigation into what impact twentieth-century (textual and other) developments have had on Constitutional …
The Original Understanding Of The Seventh Amendment Right To Jury Trial, Stanton D. Krauss
The Original Understanding Of The Seventh Amendment Right To Jury Trial, Stanton D. Krauss
University of Richmond Law Review
I ought to be very angry with my friend Akhil Amar. His new book, The Bill of Rights: Creation and Reconstruction, strengthens, develops, and popularizes his strikingly original claim that the meaning of our Bill of Rights must be sought in the understanding of the people who enacted the Fourteenth Amendment, rather than that of James Madison and his contemporaries. If Akhil carries the day on this question-and I find his arguments quite powerful, my ongoing research into the original meaning of the Bill will be of interest only to antiquarians.
"No Word Is An Island": Textualism And Aesthetics In Akhil Reed Amar's The Bill Of Rights, Robert Spoo
"No Word Is An Island": Textualism And Aesthetics In Akhil Reed Amar's The Bill Of Rights, Robert Spoo
University of Richmond Law Review
Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") probes three defining moments of American constitutional history-two of them in the contested past and one in the restless present. The first two are the performative acts of framing, in 1789 and 1868, respectively, of the initial ten amendments and of the Fourteenth Amendment to the United States Constitution. For Amar, history is too multivalent, and the Framers' text too loftily open-textured, for simple answers to the vexed question of incorporation. The Bill of Rights is, in one of Amar's controlling metaphors, an "alloy" of majoritarian …
Response: Continuing The Conversation, Akhil Reed Amar
Response: Continuing The Conversation, Akhil Reed Amar
University of Richmond Law Review
In The Bill of Rights: Creation and Reconstruction, I aimed to start a conversation, not end one. I am thus grateful for the generosity of the many fine scholars who in the preceding pages have graciously accepted the invitation to converse. And I am especially grateful for the extraordinary hospitality of the University of Richmond Law Review, which has kindly given a home to this conversation.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, James R. Creekmore
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, James R. Creekmore
University of Richmond Law Review
During the past year, the United States Supreme Court, in two decisions of significance, refused to summarily censure conduct having legitimate, procompetitive benefits. In similar fashion, the United States Court ofAppeals for the Fourth Circuit continued to scrutinize antitrust claims, rejecting those failing to measure up to pleading and proof requirements, while also reaffirming the vitality of the state action immunity doctrine as a bar to those that did. Meanwhile, Virginia's federal district courts grappled with time worn conspiracy challenges to medical staff privileging decisions, while simultaneously forging new ground in one of the first cases to consider market definition …
Annual Survey Of Virginia Law: Corporate Law, A. Eric Kauders Jr.
Annual Survey Of Virginia Law: Corporate Law, A. Eric Kauders Jr.
University of Richmond Law Review
Despite its widely held reputation as being a bastion of all things conservative, Virginia has long been a leader on the frontier of corporate and partnership law. As a recent example confirming its progressive reputation, one need look no further than the 1991 passage of legislation permitting the formation of limited liability companies. While the amount ofactivity in corporate law this year was far from notable, the legislation and judicial decisions from the past year continue to demonstrate Virginia's "corporate activism."
Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman
Annual Survey Of Virginia Law: Criminal Law, Carolyn V. Grady, Jennifer M. Newman
University of Richmond Law Review
This article summarizes most published criminal law decisions of the Supreme Court of Virginia and the Virginia Court ofAppeals sitting en banc, issued between July 1, 1998 and July 1, 1999. This article also includes selected published panel opinions oftheVirginia Court of Appeals and a summary of the most significant criminal law enactments from the 1999 session of the Virginia General Assembly.
Annual Survey Of Virginia Law: Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
"It was the best of times, it was the worst of times." For both Virginia employers and employees alike, this sentiment rang true over the past year in the employment law arena, with both camps winning and losing battles as they litigated various employment law matters. This article discusses three principal areas where there was substantial activity in Virginia's courts: public policy wrongful discharge claims; negligent hiring, retention, and supervision claims; and the enforcement of noncompetition agreements. Beyond the scope of this article are decisions rendered in other areas of law affecting the employment relationship, including the areas of workers' …
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
The Virginia General Assembly once again acted in a very restrained fashion in addressing juvenile justice issues in the lengthening wake after the extensive statutory changes in 1994 and 1996. The newly enacted juvenile competency statute is an important innovation contained in the new article 18 oftitle 16.1 of the Virginia Code, and a study by the Virginia Bar Association on the applicability of the insanity defense in juvenile delinquency proceedings will further address the implications of mental health problems for children in trouble. One major issue in the delinquency area that arose during the past year involved the necessity …
Annual Survey Of Virginia Law: 1999 Technology Legislation In Virginia, Diane E. Horvath, John S. Jung
Annual Survey Of Virginia Law: 1999 Technology Legislation In Virginia, Diane E. Horvath, John S. Jung
University of Richmond Law Review
During its 1999 Session, the Virginia General Assembly passed sixty-four pieces oflegislation related to technology that were signed into law. Of these, eighteen bills and resolutions were proposed by the Joint Commission on Technology and Science ("JCOTS").
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
A Uniform Standard For Exemplary Damages In Employment Discrimination Cases, Judith J. Johnson
University of Richmond Law Review
The standards for exemplary damages in employment discrimination cases are in disarray. The major federal provisions that prohibit private employment discrimination, Title VII of the Civil Rights Act of 1964 ("Title VII"),2 42 U.S.C. § 1981 ("§ 1981"), the Age Discrimination in Employment Act ("ADEA"), and the Americans with Disabilities Act ("ADA"), all have an indistinguishably worded standard for assessing exemplary damages: "reckless indifference to federally protected rights."
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
The Government Of The Living-The Legacy Of The Dead, Jon C. Blue
University of Richmond Law Review
Akhil Amar has written a stunning book about what he calls "the high temple of our constitutional order"-the Bill of Rights. The temple metaphor is revealing, for it is evident throughout his book that Professor Amar views the Constitution as a sanctified structure, the use of which is to be determined by a holistic study of the original blueprints and the surviving comments of the long-dead architects. This characterization is complicated but not fundamentally changed by the fact that Amar's story is, as the subtitle of the book proclaims, one of "creation and reconstruction." The creation is that of the …
Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler
Austin Owen Lecture: Litigating The Holocaust, Michael J. Bazyler
University of Richmond Law Review
The Austin Owen Lecture was established in honor of the Honorable Austin E. Owen through the generosity of his daughter, Dr. Judith O. Hopkins, W'74, and son-in-law, Dr. Marbry B. Hopkins, R'74. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the University of Richmond School of Law in 1950. During his distinguished career, Judge Owen served as an Assistant U.S. Attorney for the Eastern District of Virginia; a partner in Owen, Gray, Rhodes, Betz, Smith and Dickerson; and was appointed Judge of the Second Judicial Circuit of Virginia where he served until …
Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii
Annual Survey Of Virginia Law: Construction Law, James R. Harvey Iii
University of Richmond Law Review
In 1998 and 1999, the Supreme Court of Virginia decided numerous cases that impact the practice of construction litigation in the Commonwealth. This flurry of activity by the high court reflects its apparent attempt to clarify an approach to the interpretation of contracts that fall outside the scope of the Uniform Commercial Code. By addressing an increasing number of cases in this area of the law, the court has been able to adapt many of its longstanding precedents to the problems found in today's construction contracting environment. This Survey article evaluates recent construction cases concerning the use of applicable federal …
Annual Survey Of Virginia Law: Administrative Procedure, Charles Bonner, John Paul Jones, Henry M. Kohnlein
Annual Survey Of Virginia Law: Administrative Procedure, Charles Bonner, John Paul Jones, Henry M. Kohnlein
University of Richmond Law Review
Since the last report on developments in Virginia's law of administrative procedure, both her General Assembly and her courts have been busy making new law. This year's General Assembly revamped the Freedom of Information Act ("FOIA"), and made adjustments to laws regulating the periods in which agencies must decide certain types oflicensing cases and promulgate certain procedural regulations. Meanwhile, the courts of the Commonwealth were active in the field, addressing open questions concerning the following subjects: rulemaking, due process, evidence, timeliness, and judicial review.
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
Annual Survey Of Virginia Law: Damages For Medical Malpractice In Virginia, Michael L. Goodman, Kathryn Freeman-Jones, Kathleen M. Mccauley
University of Richmond Law Review
As a general rule, a plaintiff in actions for personal injury and wrongful death in Virginia, regardless ofwhether the cause derives from medical malpractice, may state a claim for any medical expenses incurred as a result of the alleged injury or death. By definition, an expense is incurred when it has been paid or one "become[s] legally obligated to pay it." A tortfeasor is bound and obligated to make the plaintiff whole, which means the injured party or his estate must be reasonably compensated for the fair and reasonable value of incurred medical expenses.
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
University of Richmond Law Review
This article addresses recent developments in the law ofworkers' compensation, as reflected in decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, and through new legislation. Areas discussed include (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; and (4) 1999 legislative changes affecting workers' compensation.
Privacy And Celebrity: An Essay On The Nationalization Of Intimacy, Robert F. Nagel
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 …