Law Commons^™

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Public Interest Law Review

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

Establishing An Environmental Audit Privilege To Promote Implementation Of The Iso 14000 Standards, James E. Plumhoff

Richmond Journal of Law and the Public Interest

This comment will attempt to address some of the issues surrounding the ISO 14000 standards and also the Eco-Management and Audit Scheme or EMAS standards. Part II of the comment will discuss the evolution and need for international standards such as ISO 14000 and EMAS. Part III will analyze the challenges to successful implementation of ISO and EMAS, particularly concentrating on the problems which may arise from the proliferation of information due to increased EMS audits. Part IV suggests that ISO audit privilege legislation be adopted by the U.S. Congress and that an ISO audit policy be adopted by the …

Mcdade Amendment: Moving Towards A Meaningful Limitation On Wrongful Prosecutorial Contact With Represented Parties, Nina Marino, Richard Kaplan

Richmond Journal of Law and the Public Interest

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.

Execution Of Angel Breard: The United States Federalist System As Scapegoat For The Violation Of An Icj Order, Jane Amory Allen

Richmond Journal of Law and the Public Interest

To quote the famous case, The Paquete Habana, "International law is a part of our law." When the Commonwealth of Virginia executed Angel Breard, the United States violated international law. Not only did the Commonwealth of Virginia violate the treaty obligations of its federal government, but the United States failed to comply with the Order of Provisional Measures set forth by the International Court of Justice (ICJ). The outpouring of official dualism through all stages of the case as well as the failure to afford the decision of the ICJ its due respect were affronts to the international community. Mr. …

State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger

Richmond Journal of Law and the Public Interest

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

Richmond Journal of Law and the Public Interest

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 …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

[Introduction To] Tribes, Treaties, And Constitutional Tribulations, Vine Deloria Jr., David E. Wilkins

Bookshelf

"Federal Indian law... is a loosely related collection of past and present acts of Congress, treaties and agreements, executive orders, administrative rulings, and judicial opinions, connected only by the fact that law in some form has been applied haphazardly to American Indians over the course of several centuries.... Indians in their tribal relation and Indian tribes in their relation to the federal government hang suspended in a legal wonderland."

In this book, two prominent scholars of American Indian law and politics undertake a full historical examination of the relationship between Indians and the United States Constitution that explains the present …

International Environmental Litigation And Its Future, Philippe Sands

University of Richmond Law Review

The subject of international environmental law is relatively new. The subject was certainly not taught when the University of Richmond School of Law was established in 1870, even if early international law texts before that period did indicate a nascent concern for the issues of fisheries conservation and the use of international rivers. The late part of the last century and the early part of this one recognized a world in which international law could be divided, rather simply, between the law of peace and the law of war. It was a world with few international courts and tribunals in …

Treaty Congestion In International Environmental Law: The Need For Greater International Coordination, Bethany Lukitsch Hicks

University of Richmond Law Review

The number of multilateral environmental agreements in the international community has proliferated greatly since the 1972 United Nations Conference on the Human Environment held in Stockholm, Sweden. When the conference was held in 1972, there were approximately three dozen multilateral environmental agreements in existence. In 1989, the United Nations' Environmental Programme (UNEP) Register of Environmental Agreements listed a total of 139 treaties. Today, there are more than 900 international legal instruments, including treaties and binding or non-binding agreements that "are either focused on [the] environment or contain one or more important provisions concerned with the environment." This growth and success …

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

Justice And Mrs. Lewis F. Powell Jr.: A Son's Perspective, Lewis F. Powell Iii

University of Richmond Law Review

I was very pleased to be asked to submit a Foreword for this dedicatory issue. I was nonetheless concerned that I could hardly be deemed an objective observer. Moreover, I am not qualified to critique my father's tenure on the Supreme Court. Nor can I offer any useful or interesting insight on his long years practicing law in Richmond. So, at first I resisted the Law Review's generous invitation.

The Confusion Of Causes And Reasons In Forensic Psychology: Deconstructing Mens Rea And Other Mental Events, Joel R. Cornwell

University of Richmond Law Review

The public perception that criminal conduct is increasingly excused on psychological grounds, notwithstanding a markedly small statistical success rate of diminished capacity defenses, evinces misplaced frustration over a broader cultural reluctance or inability to assign moral blame. Psychology is seen as feeding a kind of determinism that rationalizes evil behavior and precludes retributive punishment as a matter of scientific principle. This perception is accurate to the degree that it reveals our legal system's fundamental confusion of purposes in judging and explaining criminal behavior. This confusion is engendered by the indeterminacy of language, which entangles the verificationist mode and purpose of …

The Extension Of The Bruton Rule At The Expense Of Judicial Efficiency In Gray V. Maryland, Richard F. Dzubin

University of Richmond Law Review

"An argument broke out between [Kevin] and Stacey in the 500 block of Louden Avenue. Stacey got smacked and then ran into Wildwood Parkway. Me, [Kevin], and a few other guys ran after Stacey .... We beat Stacey up."

Holding The Same-Sex Sexual Harassment Claim At Arm's Length: The Supreme Court's Strict [And Correct] Interpretation Of Title Vii In Oncale V. Sundowner Offshore Services, Inc., Thomas I. Queen Jr.

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 forbids an employer from "discriminat[ing] against any individual with respect to his compensation, terms, conditions, or privileges of employment, because of such individual's ...sex." In addition to prohibiting discriminatory hiring practices based on the potential employee's sex, the Supreme Court has extended the language of Title VII to afford employees a remedy for sexual harassment in the workplace.

Preface, John P. Cunningham

University of Richmond Law Review

The University of Richmond Law Review is extremely pleased to present this special issue dedicated to Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction. The purpose of the issue is to celebrate the groundbreaking nature of Professor Amar's contemporary text by providing a collection of eleven scholarly commentaries in which some of the finest constitutional jurists in the United States react to the book. The commentators each offer a unique perspective on the dynamic text, utilizing legal, judicial, historical, philosophical, and even esoteric influences to analyze its contents. In an eloquent response to his academic peers, Continuing …

The Bill Of Rights As An Exclamation Point, Gary Lawson

University of Richmond Law Review

Akhil Amar's The Bill of Rights: Creation and Reconstruction ("The Bill of Rights") is one of the best law books of the twentieth century. That is not surprising, as it grows out of two of the best law review articles of the twentieth century and was written by one of the century's premier legal scholars. I have been an unabashed Akhil Amar fan ever since our overlapping law school days more than fifteen years ago, and I am thrilled to have my perspicacity and good judgment vindicated by the publication of this remarkable work.

The Concept Of Incorporation, Earl M. Maltz

University of Richmond Law Review

Akhil Amar's new book is by any standard a major contribution to the literature on the Bill of Rights. Amar skillfully combines historical research and legal analysis to give the reader a variety of fresh, important insights into the role that the first ten amendments have played in the evolution of the American constitutional system. Among the many innovative concepts in the book is Amar's treatment of the question of whether the Fourteenth Amendment was originally understood to incorporate the Bill of Rights. Rejecting the traditional dogmas of both incorporation and anti-incorporation theorists, he proposes a new theory-"refined incorporationism"-which focuses, …

The Duty To Treat Asymptomatic Hiv-Positive Patients Or Face Disability Discrimination Under Abbott V. Bragdon: The Scylla And Charybdis Facing Today's Dental And Health Care Providers, Lisa Taylor Hudson

University of Richmond Law Review

Imagine yourself in the following scenario. You are an experienced dentist with a small private practice, and you routinely accept new patients and referrals. One of your long-time patients is scheduled for a routine tooth cleaning and dental examination. You make every effort to keep updated documentation on your patients, and in that pursuit, you request that the. patient complete a basic written health questionnaire. In the section relating to medications and relevant medical history, the patient reveals that she is taking medications for Acquired Immunodeficiency Syndrome ("AIDS"),' and that she has tested positive for Human Immunodeficiency Virus ("HIV-positive").

Establishing A Pattern: An Analysis Of The Supreme Court's Establishment Clause Jurisprudence, Lisa Langendorfer

University of Richmond Law Review

The First Amendment to the United States Constitution reads in part, "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof." These two phrases are known as the Establishment Clause and the Free Exercise Clause, respectively, and each plays a distinct part in determining the role and status of religion in American society. The Free Exercise Clause guarantees freedom of religious expression to the individual, while the Establishment Clause prohibits the government from involving itself in religious affairs and prevents religious officials from exerting improper influence over the government.

Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.

University of Richmond Law Review

This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.

Annual Survey Of Virginia Law: Domestic Relations, Melissa J. Roberts

University of Richmond Law Review

Several significant developments in the area of domestic relations law took place in the past year. This article summarizes the key judicial decisions and legislative enactments pertaining to child support, child custody and visitation, marriage and divorce, spousal support, equitable distribution (including property classification and valuation) property settlement agreements, adoption, domestic violence, jurisdiction, and procedure that occurred from June 1, 1998 through May 15, 1999.

Is Nafta Up To Its Green Expectations? Effective Law Enforcement Under The North American Agreement On Environmental Cooperation, Beatriz Bugeda

University of Richmond Law Review

On January 1, 1994, the North American Free Trade Agreement (NAFTA) between the governments of Mexico, Canada and the United States went into effect. Together with this trade agreement, the governments of the three countries entered into a side agreement on the environment: the North American Agreement on Environmental Cooperation (NAAEC). This agreement, also known as the Environmental Side Agreement, responded to some of the concerns of NAFTA critics. Some environmentalists believed NAFTA would promote environmentally insensitive and uncontrolled growth, and others thought the liberalization of trade would be used as a means to preempt stringent domestic environmental regulations.

Foreword, Melanie C. Holloway

University of Richmond Law Review

The University of Richmond Law Review proudly presents its fifteenth Annual Survey of Virginia Law. Since the first publication in 1985, the Annual Survey has provided Virginia practitioners and others with a practical resource for recent judicial, legislative, and administrative developments in the Commonwealth of Virginia.

Modern Federal Judicial Selection, Carl W. Tobias

Law Faculty Publications

Review of Sheldon Goldman, Picking Federal Judges: Lower Court Selection From Roosevelt Through Reagan (1997).

English Ideas On Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

In 1700 the only methods of legal education in England and Virginia were apprenticeship to a practising lawyer, either a barrister, a solicitor or a court clerk, and independent reading of law books; most persons seeking active membership in the legal profession did an apprenticeship supplemented by reading and observing the courts in action. In 1700 the inns of court had long since ceased to provide legal instruction, and the universities in England and Virginia had not yet begun to do so. The obvious importance of legal education was, however, not overlooked on either side of the Atlantic Ocean.

Refined Incorporation And The Fourteenth Amendment, Richard L. Aynes

University of Richmond Law Review

In Professor Akhil Reed Amar's The Bill of Rights: Creation and Reconstruction, the voices of Founders, Federalists, Anti-Federalists, promoters of the Bill of Rights, contrarians of Barron v. Mayor of Baltimore, abolitionists, antislavery advocates, Fourteenth Amendment Republican Framers, ratifiers, and twentieth-century U.S. Supreme Court justices, all have their role. If they do not sing the same tune, at least their voices, under Amar's skillful direction, whether melody or harmony, alto or soprano, all harmonize to produce a clear song.

Abrogating The Exclusionary Rule Outside Of The Criminal Trial Context? Pennsylvania Board Of Probation & Parole V. Scott: One Step Closer To A Per Se Rule In Fourth Amendment Jurisprudence, Richard F. Dzubin

University of Richmond Law Review

As citizens of the United States, most of us would abhor warrantless police intrusion into our homes. The Fourth Amendment protects all citizens against unreasonable searches and seizures. When unaccompanied by a valid search warrant, a search of a residence is presumptively unreasonable. Thus, the law proscribes overly-aggressive investigatory methods that trammel the rights of American citizens. What happens, however, when the protected right belongs to a paroled felon suspected of violating the conditions of his parole? In Pennsylvania Board of Probation & Parole v. Scott, the United States Supreme Court refused to extend to parolees the remedies which are …

Click Here: Web Links, Trademarks And The First Amendment, Christopher E. Gatewood

Richmond Journal of Law & Technology

The World Wide Web has experienced rapid growth during the 1990s, with millions of publishers adding diverse opinions, objectives and page content. The main programming feature that has kept this network of networks from becoming a twisted thicket of web-sites is the hyperlink. These links guide users across the Web by creating connections from page to page and site to site, allowing a reader to follow tangential paths to whatever it is the Web has to offer her. Links provide connections within a site and are also used constantly to travel from one publisher's site to another. Because the linking …