Law Commons^™

Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.

Richmond Public Interest Law Review

As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Journal of Law and the Public Interest

Problems of Time and Cost in Site Investigation and Cleanup One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti

Richmond Journal of Law and the Public Interest

At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …

Taking Superfund Presumptive Remedies To The Brownfields Arena, Debra Schneider

Richmond Public Interest Law Review

One of the main problems with CERCLA and brownfields cleanups is the time which such cleanups take to complete. The process of investigating a site through the CERCLA Remedial Investigation/Feasibility Study (RI/FS) process can take several years. The RI/FS process is long, and in the meantime the contamination is often left lurking at the site, harming the environment and human health.

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Public Interest Law Review

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …

Mandatory Hiv Testing Of Accused Rapists: Whose Rights Are We Protecting? An Ethical And Legal Analysis, Melissa S. Iotti

Richmond Public Interest Law Review

At times, the law appears confusing and unfair. Criminal defendants receive the strictest of all standards of review: "guilt beyond a reasonable doubt." But why are the accused afforded greater constitutional protections than the victim? One reason may be found by examining the intent of the authors of the United States Constitution. Our founding fathers wanted Americans to escape the kind of persecution suffered under English rule. From its inception, the Constitution and the laws that followed were based on public policy and ethics. This legal precedence is used to interpret new laws. However, because of precedence, laws often do …

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Public Interest Law Review

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Public Interest Law Review

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …

Ethical Justifications For Voluntary Active Euthanasia, Bernadette Spina

Richmond Public Interest Law Review

The topic of euthanasia gives rise to a host of ethical questions including those regarding the quality of life, beneficence, and the responsibilities of physicians toward their patients. While there are many kinds of cases in which euthanasia may be considered, such as those involving severely handicapped newborns and patients with debilitating but not fatal conditions, this paper focuses on the situation of late-state terminally ill patients who are suffering and want active euthanasia as an option for ending their pain. This paper explains why, under such circumstances, voluntary active euthanasia may be ethically justified. Active and passive euthanasia are …

Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss

Richmond Public Interest Law Review

The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Public Interest Law Review

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong

Richmond Public Interest Law Review

Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …

Annual Survey Of Virginia Law: Employment Law, M. Christina Floyd

University of Richmond Law Review

There have been a variety of developments in employment law since the Annual Survey of Virginia Law last included an article on this topic. This article focuses primarily upon two significant areas: (1) wrongful discharge and (2) employment contract claims which have been litigated since September 1996. Public sector employment, unemployment compensation, and workers' compensation are not addressed in this article.

Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch

University of Richmond Law Review

This article addresses the most significant developments in the law of workers' compensation since September 1997. The areas discussed consist of the following: (1) injury by accident claims; (2) occupational disease claims; (3) benefits and coverage under the Workers' Compensation Act; (4) panels of physicians; and (5) 1998 legislative changes affecting workers' compensation. Emphasis has been placed on the most important developments in this area of law with respect to decisions of the Supreme Court of Virginia and the Virginia Court of Appeals, as well as new legislation.

Understanding Compliance With International Environmental Agreements: The Baker's Dozen Myths, Edith Brown Weiss

University of Richmond Law Review

Until recently, little attention has been given to whether states and other actors comply with the agreements they negotiate. The assumption has been that most states comply with most international law most of the time. There is, however, strong reason to question this assumption. As was apparent in the Breard case, which involved implementation and compliance with the consular convention, states do not necessarily comply with the international agreements they join, particularly when they involve implementation at the provincial/state and local levels.

The Constitutionality Of Censure, Michael J. Gerhardt

University of Richmond Law Review

It has become commonplace for commentators to suggest that, in the aftermath of the Senate's acquittal of President William Jefferson Clinton, there have been only losers and no real winners. Whether this is true generally is a difficult question to which I will not hazard an answer. It is beyond question, however, that one device that lost ground as a result of the storm of impeachment was censure. That censure has taken a severe beating is unfortunate because so much of the beating was based on misguided interpretations of, or arguments about, the Constitution.

Fifth Circuit: Study Of Gender Bias, Gregory A. Nussel

University of Richmond Law Review

In October 1993, in response to a recommendation in the

Report of the National Commission on Judicial Discipline and Removal, Chief Judge Henry A. Politz appointed a Special Committee of the Fifth Circuit Judicial Council to consider and recommend whether a study of gender bias in the Fifth Circuit should be made. The Special Committee, composed of two circuit judges, two district judges, and one magistrate judge, reported its findings to the Judicial Council during a biannual meeting in June 1994.

D.C. Circuit: Study Of Gender, Race, And Ethnic Bias, John Garrett Penn, Matthew J. Devries

University of Richmond Law Review

The District of Columbia Circuit became the first federal circuit to establish a Task Force on race and gender bias. In 1992, the Task Force, which was comprised of judges from the D.C. Circuit, created two committees-the Special Committee on Gender and the Special Committee on Race and Ethnicity-to assist the Task Force in its research. The committees were comprised of academics, social science advisors of national recognition, and leading attorneys.

Foreword, Heather N. Stevenson

University of Richmond Law Review

The University of Richmond Law Review is pleased to present the sixth annual Allen ChairSymposium issue. Through the generous support of the friends and family of George E. Allen, the annual symposium series provides a forum for discussion of legal issues of national and international significance. This issue of the Law Review is the literary complement to the symposium presentations.

Museletter: Winter 1998, Allen Moye

Museletter

Table of Contents:

Welcome Back!

David Keats Heads to New York

Farewell, Allen by Joyce Manna Janto, Deputy Director of the Law Library

New Food and Drink Policy

Computer Bits & Bytes

Library Hours

Take Advantage of the Signs by Sally Wambold, Technical Services Librarian

Words of Wisdom...

Editor's Farewell & Thanks

Class Of 2001, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2001 at the T. C. Williams School of Law.

Remarks Of The Secretary Of Natural Resources At Environmental Virginia '98, April 2, 1998, John Paul Woodley Jr.

Richmond Journal of Law and the Public Interest

As Attorney General, Jim Gilmore delivered on his commitment to foster a strong and healthy environment through responsible stewardship of our natural resources. Today, I reaffirm Governor Gilmore's commitment. I want to focus our particular attention on the Governor's number one environmental priority - improving the quality of our Commonwealth's great waters.

When Species Collide: An Analysis Of The Use Of Anencephalic Infants And Non-Human Animals As Organ Donors, Mary Ann Palese Chandler

Richmond Journal of Law and the Public Interest

This article examines the organ transplant problem with a focus on these two potential sources. Part II exposes the problem which, simply stated, is that a serious shortage of transplantable organs makes identification of new sources of donor organs a necessity. Part III deals with the anencephalic infant as a source of organs. It discusses the nature of this fatal birth defect, the manner in which these infants have been dealt with in the past, and how they are treated today. The article goes on to discuss why these infants may be a valuable potential source of organs for pediatric …

Keeping Pace: A New Paradigm For The Ethical Use Of Medical Technology, Kay Ely-Pierce

Richmond Journal of Law and the Public Interest

Advances in health care technology have forged a mighty sword in the ongoing battle against illness and death. That sword, however, is doubleedged and unfortunately has not been presented with guidance for its judicious use. Our health care system provides the technological power to prolong life, or perhaps more accurately to "sustain bodily functions" indefinitely, yet it has not compelled us, as a society, to seriously ask, "should we?" And, if we should, "when and for whom, and under what circumstances?" This is the ethical legacy of health care in the 20th century. There is but a short time to …

Complexities In Biomedical Decision Making, George P. Smith Ii

Richmond Journal of Law and the Public Interest

A central focus of medical ethics is directed toward an effort to not only decide, but to make explicit what those duties are or should be for all physicians. The particulars will, of course, fluctuate according to different social structures, differing views of medicine, health, and cure, as well as different capabilities. In a word, medical ethics is situational. One view postulates that medical ethics is essentially ordinary ethics--but applied to medicine. Another view recognizes two elements: dilemma ethics and virtue ethics. Dilemma ethics concerns itself with the moral rightness or wrongness of human actions. Virtue ethics refers to the …

Medical Records On-Line: What Happened To Privacy? A Legal Analysis, Marcia Weiss

Richmond Journal of Law and the Public Interest

The computerization of health information and medical records, including sensitive personal information that potentially reveals intimate details of one's life, habits, or genetic predisposition, is a mixed blessing. While offering a means of streamlining and improving the health care delivery system through speed and immense storage capacity, computerized medical information also presents new challenges as it impacts our right of privacy and expectation of confidentiality, creating serious ethical and legal issues. Non-uniform, patchwork statutory guidelines among the states have led to uncertainty and confusion surrounding disclosure, accessibility, and storage of medical data. This paper examines the legal ramifications surrounding issues …

Liver Transplant Dilemma: The Alcoholic, Medicaid Patient, Vanessa Williamson

Richmond Journal of Law and the Public Interest

A case scenario on Ivan Bradford. Ivan is a fifty-five year old, white male in need of a liver transplant. Ivan has been an alcoholic since he was thirty-two years old, and has developed an irreversible advanced liver disease, cirrhosis. In essence, the disease is the end result in scarring of the liver due to prolonged alcohol abuse. This scarring prevents the liver from performing many of its vital functions. Without a liver transplant Ivan will die.

The Gift Of Life:Ethical And Social Consequences Of Organ Donation, Michelle Wong

Richmond Journal of Law and the Public Interest

Organ transplantation is a comprehensive subject covering many different issues: medical, social, political and economic. This paper focuses on the ethical and social implications of organ donation. Also presented are the different policy and program options attempting to meet the immense demand for donors. Part I addresses an initial obstacle to organ transplantation-- consent. Part II describes the ethical conflicts related to donor sources. Part III examines possible transplant policy solutions and the potential ramifications of their implementation. Part IV concludes with suggestions for future solutions and a recommendation for an effective policy which can increase the organ donor supply, …

The Revolution In Higher Education, James V. Koch

Richmond Journal of Law and the Public Interest

Joseph Schumpeter, the Austrian born economist and social historian who spent a major part of his academic career at Harvard, was a cogent observer of how societies develop. His Capitalism, Socialism, and Democracy is still considered a classic. Schumpeter spoke of "perennial gales of creative destruction" (often technological) that shock societies and force change. The advent of electricity and the coming of the automobile illustrate technologies that created new power arrangements and destroyed or modified existing institutions. Higher education is now in the midst of a Schumpeterian "gale of creative destruction"--a revolution, many say. After almost 150 years of reliance …

The Greatest Evasion: Why Technology Won't Save Education, Kevin Mattson

Richmond Journal of Law and the Public Interest

Americans place an enormous amount of faith in education=s power to solve social problems. Today, liberals tend to believe that education can improve our attitudes, making us less racist by broadening our perspective and knowledge of different people and cultures. Conservatives often argue that education can solve our economic problems by training citizens for jobs and increasing their capacity for upward social mobility. Indeed, President Clinton, who may be viewed as bridging liberal and conservative ideals, posed education as a solution to economic dislocation. His solution is to provide unemployed citizens with the necessary skills to find new forms of …