Law Commons^™

Pretending To Upset The Balance: Old Chief V. United States And Exclusion Of Prior Felony Conviction Evidence Under Federal Rule Of Evidence 403, Donnie L. Kidd Jr.

University of Richmond Law Review

The story of an event is often more interesting and informative than the mere fact that the event occurred. Aesop's morals would not be as captivating without the fables that accompany them. The fables tell the reader a story embodying a moral truth. On election night, the ballot tally proves which candidate won, but the voter is interested more in the story of the campaign trail that put the candidate in office rather than a naked statistic comparing voting percentages. The story gives not only the bare idea or fact; it mixes this bare idea or fact with the supporting …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Students' Rights And How They Are Wronged, Nadine Strossen

University of Richmond Law Review

Defending and enhancing the rights of students and young people has always been a major priority for the American Civil Liberties Union. One reason is that the rights of our nation's youth are always especially embattled - not surprisingly, since they are not yet eligible to vote and, therefore, lack political power.

The Legal Profession And Its Future: Recapturing The Ideal Of The Statesman-Lawyer, Timothy J. Sullivan

University of Richmond Law Review

My subject is our profession and its future-a future measured not by the condition of its bottom line, but by the state of its soul. And my message is one of profound concern.

Ninth Circuit: The Gender Bias Task Force, Procter Hug Jr., Marilyn L. Huff, John C. Coughenour

University of Richmond Law Review

In 1990, the federal courts of the Ninth Circuit began to examine the effects of gender on the business of the courts. The pioneering FinalReport of the Ninth Circuit Gender Bias Task Force1 was issued in July 1993 and the Ninth Circuit has worked to implement the task force's recommendations for several years. To assist others setting forth on a similar journey, this article summarizes the circuit's experience in undertaking a study of this magnitude and duration.

The Federalization Of Crime: Too Much Of A Good Thing?, Charles D. Bonner

University of Richmond Law Review

Headlines announcing recent declines in crime rates have become commonplace across the United States. In 1997, Atlanta, Georgia, experienced a 22% drop in homicides, an 11% decline in burglaries, and a 21% decline in larceny. In Washington, D.C., the number of homicides dropped 24% in 1997. From 1996 to 1997, the homicide rate in New York fell 23%; in Los Angeles it dropped 20%; and in San Antonio it dropped 17%.

Advisory Opinions By Federal Courts, Phillip M. Kannan

University of Richmond Law Review

Since 1793, the affirmative grant of authority to federal courts in Article III of the Constitution to hear and decide cases or controversies has been interpreted to prohibit these courts from giving advisory opinions. In that year, United States Supreme Court Chief Justice Jay, Justice Cushing, and District Judge Duane rejected a provision in a 1792 act of Congress that would have required the Supreme Court to settle federal pension claims of widows and orphans subject to the approval of the Secretary of War. The basis for the position taken by the Chief Justice was "that neither the legislative nor …

Annual Survey Of Virginia Law: Constitutional Law, Mark J. Yeager

University of Richmond Law Review

On February 27, 1998, the Supreme Court of Virginia rendered its decision in Town of Madison v. Ford. The court invalidated a town zoning ordinance which had been enacted in 1972. This extreme result was due to an insufficiency in the town council's minutes at the meeting when the ordinance in question was enacted. The minutes did not state the names of all the members present nor how they voted. The court, therefore, found that the ordinance was enacted in derogation of the provisions of article VII, section 7 of the Constitution of Virginia ("section 7").

Annual Survey Of Virginia Law: Corporate And Business Law, Robert L. Freed

University of Richmond Law Review

Corporate and business law has undergone a variety of changes in the past two years. This article summarizes the developments that occurred in this area of the law from June 1996, through June 1998. In 1997, the Virginia General Assembly amended numerous provisions of the Virginia Code. The amendments became effective January 1, 1998. Virginia state courts and the federal courts have issued opinions which have impacted the law in this area. Part II examines the abundant legislative changes made to title 13.1 of the Virginia Code and the recent judicial decisions affecting corporations. Most of the changes discussed were …

Annual Survey Of Virginia Law: Criminal Law, Marla Graff Decker, John Hills Mclees Jr.

University of Richmond Law Review

This article summarizes all published criminal law decisions of the Supreme Court of Virginia and the major criminal law decisions of the Virginia Court of Appeals sitting en banc, issued between July 1, 1997, and July 1, 1998. Due to space limitations, however, the article includes only a few selected published panel opinions of the Virginia Court of Appeals. Also, this article includes a summary df the criminal law opinion from the Supreme Court of the United States which arose from a Virginia case during the period stated above. And finally, this article summarizes the most significant enactments from the …

Symposium Introduction, Peter N. Swisher

Law Faculty Publications

This Symposium addresses a number of the serious questions and issues involving the insurance law doctrine of reasonable expectations after three decades. We are fortunate to have ten excellent symposium articles analyzing the doctrine of reasonable expectations from various perspectives, written by seven academic lawyers, two prominent insurance law practitioners, and an eminent jurist.

Protecting Unionized Employees Against Discrimination: The Fourth Circuit's Misinterpretation Of Supreme Court Precedent, Ann C. Hodges

Law Faculty Publications

This article will first review the Supreme Court's arbitration jurisprudence, concentrating on labor and employment law cases. Next, the article will analyze the cases involving arbitration under collective bargaining agreements decided by the courts of appeals subsequent to Gilmer. The article will then evaluate the two different approaches of the circuit courts in light of the law relating to collective bargaining and union representation. Finally, the article will review alternative methods of protecting employee rights to determine whether unions can preserve employees' statutory rights under the rule of the Fourth Circuit. The article concludes that the Supreme Court should …

George Landon Browning (D. 1947), William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on George Landon Browning judge of the Virginia Supreme Court of Appeals.

George Wayne Anderson (D. 1922), William Hamilton Bryson

Law Faculty Publications

A brief, descriptive entry on George Wayne Anders, an attorney, who was born at Edgehill in Albemarle County, one of two sons and two daughters of Edward Clifford Anderson, a colonel in the Confederate army, and Jane Margaret Randolph Anderson, a granddaughter of Thomas Jefferson.

Civil Justice Reform Sunset, Carl W. Tobias

Law Faculty Publications

This article uses the Civil Justice Reform Act of 1990 (CJRA) as the backdrop for addressing efforts to increase uniformity, simplicity, and transsubstantivity, and to decrease expense and delay in civil litigation. Professor Tobias discusses both the origin and the implementation of the CJRA. By requiring each federal district court to formulate a civil justice expense and delay reduction plan, the purpose of the CJRA is to decrease expense and delay in civil litigation. Professor Tobias argues that the CIRA has been successful because districts have applied techniques that have saved cost and time and have provided new data that …

Dear Justice White, Carl W. Tobias

Law Faculty Publications

Addressing Supreme Court of the United States Justice Justice Byron T. White, Chair of the Commission on Structural Alternatives for the Federal Courts of Appeals, Prof. Tobias offers advice on examining the problems confronting the courts and devising recommendations that address these problems within the Commission's statutory mandate.

Reforming Common Sense Legal Reforms, Carl W. Tobias

Law Faculty Publications

The Contract With America figured prominently in the Republican Party's victories in the 1994 congressional races. During the opening days of the 104th Congress, therefore, approximately one hundred sponsors introduced the Common Sense Legal Refonns Act (CSLRA), which embodied several measures that comprised the Contract's ninth precept. The only constituent of this package of proposals which actually became law was the Private Securities Litigation Refonn Act (PSLRA). Both Houses of Congress did pass products liability reform bills but lacked the requisite votes to override President Bill Clinton's veto. The House of Representatives approved the Attorney Accountability Act (AAA), which would …

Did The Civil Justice Reform Act Of 1990 Actually Expire?, Carl W. Tobias

Law Faculty Publications

The Civil Justice Reform Act of 1990 (CJRA) was intended to reduce the expense and delay associated with federal district court litigation by requiring courts to study and adopt new procedures. The CJR.lrs gains, however, may be erased by the uncertainty surrounding its sunset provision. Professor Tobias argues that Congress or the Judicial Conference should resolve the uncertainty by proclaiming that the CJRA has expired, thus forcing districts to abrogate procedures inconsistent with the Federal Rules of Civil Procedure.

Don't Go And Do Something Rash About Cram Down Interest Rates, David G. Epstein

Law Faculty Publications

This Article considers the second and different question of how to value the proposed payments under the plan. While the question of how to value the proposed payments under the plan is different from the question of how to value the creditor's security interest in property, there is a connection between the answers to the questions. The value of the payments must at least equal the value of the security interest.

National Bankruptcy Review Commission's Section 365 Recommendations And The Larger Conceptual Issues, David G. Epstein

Law Faculty Publications

In the chapter of the Report of the National Bankruptcy Commission ("Report") entitled "Business Bankruptcy," the National Bankruptcy Review Commission ("Review Commission") makes four recommendations regarding section 365 of the Bankruptcy Code: 2.4.1 Clarifying the Meaning of "Rejection" The concept of "rejection" in section 365 should be replaced with "election to breach." Section 365 should provide that a trustee's ability to elect to breach a contract of the debtor is not an avoiding power. Section 502(g) should be amended to provide that a claim arising from the election to breach shall be allowed or disallowed the same as if such …

Commercial Codification As Negotiation, David Frisch

Law Faculty Publications

Part I of this Article endeavors to put the sales law in perspective by emphasizing its role in the broader system of commercial law. Then, in Part II we focus on a particular example (the buyer's right to recover goods upon the seller's insolvency) to support our general observation that the revision reflects a fatal insensitivity to the need for article 2 to fit with other bodies of commercial codification. Part III demonstrates the revi~ion's failure to come to terms with the role of context and makes the argument that the drafters' shortsightedness is evidenced by the manner in which …

The Status Of Constitutional Religious Liberty At The End Of The Millennium, Kurt T. Lash

Law Faculty Publications

I have the privilege of introducing the 1998 Bums Lecture Symposium- Religious Liberty in the Next Millennium: Should We Amend the Religion Clauses of the United States Constitution? My role in this Symposium is to acquaint you with the religion clauses of the Constitution- where they came from- where they've been- and where they seem to be today. Our Symposium contributors, Professors Kent Greenawalt and Robert George will discuss just where they think the religion clauses should go in the future.

Admissibility Of Evidence In Virginia: A Manual For Virginia Trial Lawyers, 2nd Edition, Ronald J. Bacigal

Law Faculty Publications

This book compiles statutory and case law dealing with the admissibility of evidence. An alphabetical format keyed into subject headings is utilized in order to facilitate quick, accurate access to cases and statutes which answer most basic evidentiary questions. We have also tried, where feasible, to use the language of the court or statute rather than our own interpretation. We believe this approach most usefully serves the purposes of providing a quick, authoritative answer. The format does not allow for extended theoretical discussion, nor does it purport to be an exhaustive survey of all relevant cases. The reader is encouraged …

Introductory Remarks And Keynote Speaker Address, Edward L. Flippen, Derek R. B. Bevan

Richmond Journal of Law & Technology

In other industries, experts may see up to four issues a day, but for us, the Conference is an opportunity to share ideas with colleagues, regulators, and others who shape national regulatory policy. For that reason, we have built into our schedule a formal gathering to discuss these issues, and we trust that all of you will take advantage of this meaningful opportunity. Of course, we have to thank Tony Gambardella and his committee for putting on such a wonderful program today, and I am pleasantly surprised that this conference is a joint- venture opportunity with the State Corporation Commission …

The De Minimis Exemption Of Stored Value Cards From Regulation E: An Invitation To Fraud., Sean M. O'Connor

Richmond Journal of Law & Technology

How valuable is $100? To a student? To a single unemployed parent? To a well-compensated professional? The Federal Reserve Board apparently believes that the potential loss of $100 is not a tremendous burden on anyone. In a recently proposed rule, the Board exempts stored value cards that contain less than $100 from the same regulations that protect consumers from most types of fraud associated with ATM, debit, and credit cards. Regulation E (Reg E) currently regulates the electronic funds transfers (EFTs) that are at the heart of ATM/debit/credit card transactions by requiring printed receipts, error resolution procedures, periodic statements, initial …

The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri

Law Faculty Publications

This article focuses on corporate governance issues as they relate to the new technological developments and the issue of leapfrogging. I examine various theories about the new technologies and the changes in corporate governance that they may necessitate. I then assess and critique these theories in light of historical and other data. I suggest that our very concept of the corporation will be transformed by the Information Age. I also offer my own view as to the optimal forms of corporate governance that can equip American corporations with sufficient tools to win the accelerating competition anticipated for the next century. …

How Much Should Mind Matter? Mens Rea In Theft And Fraud Sentencing, James Gibson

Law Faculty Publications

This article discusses the U.S. Sentencing Commission’s vote to potentially revise the definition of loss. Anyone who has followed the Commission's deliberations on loss will see that the proposed definition attempts to address many of the contentious issues that have arisen in the case law and commentary. The issues that the proposed definition concentrates on, however, such as credits, interest, causation, and gain, tend to inform the inquiry into "actual loss" rather than "intended loss," even though the latter concept is integral to both definitions. Although neither the current nor the proposed definition provides much guidance for working with intended …

Congress Authorizes Appellate Study Panel, Carl W. Tobias

Law Faculty Publications

In mid-November, the first session of the 105th Congress passed a measure authorizing a national commission to study the federal appeals courts. On November 26, President Clinton signed the legislation. The Commission on Structural Alternatives for the Federal Courts of Appeals has a historic opportunity to analyze carefully the federal appellate system and make valuable suggestions for improvement, thereby charting the destiny of the intermediate appeals courts for the 21st century.

Museletter: Fall 1997, Allen Moye

Museletter

Table of Contents:

Law Library Welcomes the Class of 2000!

Welcome New and Returning Students by Timothy L. Coggins, Director of the Law Library/Associate Professor of Law

More Changes in Computer Lab

New Faces at the Computer Help Desk

Fall Semester Computer Training Schedule

Fall Brown Bag Sessions

Foreign and International Law on the Internet by Brandon D. Quarles, Reference/Research Services Librarian

Library Hours

Research Guides

Words of Wisdom

Child Care, Welfare Reform, And Taxes, Mary L. Heen

Law Faculty Publications

The welfare reform legislation passed by Congress last year makes significant changes in the social welfare system, followed this year by contrasting shifts in the. federal tax system's treatment of families with children. This article discusses how the. welfare and tax law changes affect overall child care policy and funding levels for work-related child care, and evaluates the newly enacted child tax credit and the existing child care tax credit in light of their combined effects on low income working families.