Law Commons^™

On The U.C.C. Revision Process: A Reply To Dean Scott, David Frisch

Law Faculty Publications

This Article takes account of the forces that shape revisions of the commercial law and notes the relationship between those forces and the tenor of the resulting codification; Part II peruses Scott's thesis. It responds to his criticism of the UCC drafting and revision processes and describes how uniform commercial law Jurisprudence reveals the incongruities in his analysis. Part III tests Scott's conclusions about private legislatures by considering the realist Jurisprudence of the UCC and compares the UCC's "private legislature" (PL) commercial law to the commercial- law product of a "public legislature," the Bankruptcy Code promulgated by the United States …

From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer

Richmond Journal of Law and the Public Interest

My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …

The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler

Richmond Public Interest Law Review

The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …

Executive/Congressional Liason In A Post Cold War Era, Anthony J. Eksterowicz, Glenn P. Hastedt

Richmond Public Interest Law Review

While it is true that presidents can and will attempt to practice domination of the Congress when making public policy, the nature of the new environment makes it less likely that they will regularly succeed. Because of the complexity of issues, there is a need to revisit the mechanics of executive/legislative liaisons in this new era. This essay represents such an attempt. First, we examine the changes that impact presidential policy-making in the post-Cold War era. Second, we review the ongoing debate in presidential literature concerning executive dominance over the Congress. Third, we briefly examine the modern history of presidential/congressional …

From The Covenant To The Contract:Rhetoric And Meaning In The American Presidency, Dean C. Hammer

Richmond Public Interest Law Review

My concern here is not with explaining why the "New Covenant" failed to capture the political imagination of the electorate; rather, my interest lies in how the covenant as a political symbol was analyzed by both the media and scholarship. My suggestion is that this treatment is itself symbolic of a far deeper dilemma that faces not only President Clinton but also future presidents. The problem is this: at the same time that the public turns increasingly to the President to provide a "vision" of a common purpose and direction to government and society, the articulation of that vision rests …

Jones V. Clinton And Presidential Immunity, Braxton Hill

Richmond Public Interest Law Review

On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …

Welfare Reform, The Child Care Dilemma, And The Tax Code: Family Values, The Wage Labor Market, And The Race-And-Class-Based Double Standard, Mary L. Heen

Law Faculty Publications

In the winter of 1996, Steve Forbes--publisher, heir, and presidential candidate--captured the American imagination with his proposal for a flat tax. But while Mr. Forbes claimed that such a tax would level the economic playing field by eliminating countless loopholes and miles of red tape, his actual proposal betrayed such claims to fairness by overtaxing workers and undertaxing financial capital.

In the face of recent proposals for dramatic and far-reaching tax reform, Taxing America takes a critical look at the way the federal government collects its revenue and exposes the bias at the heart of a system which claims to …

Bottoms V. Bottoms: In Whose Best Interest? Analysis Of A Lesbian Mother Child Custody Dispute, Peter N. Swisher

Law Faculty Publications

This Article traces and analyzes the series of legal and factual events leading up to the Virginia Supreme Court's contradictory and controversial decision in Bottoms v. Bottoms.

Looking For A Nonlegal Process: Physician-Assisted Suicide And The Care Perspective, Paul J. Zwier

University of Richmond Law Review

One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system's attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of …

Austin Owen Lecture: The National Export Strategy, Raymond E. Vickery Jr.

University of Richmond Law Review

The Honorable Raymond E. Vickery, Jr., presented this address as The Fourth Annual Austin Owen Lecture on October 5, 1995. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as the Assistant U.S. Attorney for the Eastern District of Virginia, was a partner in Owen, Guy, Rhodes, Betz, Smith and Dickerson and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. In 1991, Judge Owen's daughter, Dr. Judith O. …

Estate Creditors, The Constitution, And The Uniform Probate Code, Sarajane Love

University of Richmond Law Review

The United States Supreme Court's decision in Tulsa Professional Collection Services, Inc. v. Pope caused the usually staid legal enclave of estate administration to sit alert. The Court declared unconstitutional an Oklahoma statute that barred creditors of decedents from filing claims against the decedents' estates two months after published notice of the commencement of probate proceedings. The statute violated the due process rights of known and reasonably ascertainable creditors because it did not require a better form of notice to them. In failing to require actual notice to known creditors, the statute was not drastically atypical of other statutes regulating …

What Congress Knows And Sometimes Doesn't Know, Muriel Morisey Spence

University of Richmond Law Review

It is a striking feature of the legislative process that Congress is neither required to articulate reasons for its actions nor subject to constitutional challenge merely on the ground that its choices are uninformed. The Constitution contains a variety of procedural rules for enacting legislation. It also requires that statutes conform to a number of substantive requirements. But Congress has traditionally enjoyed wide latitude in deciding whether and to what extent it bases decisions on policy-relevant knowledge or articulates the factual foundations for its actions. Until recently, even when evaluating statutes under close judicial scrutiny, the Supreme Court has tended …

Foreword, Harris L. Kay

University of Richmond Law Review

The University of Richmond Law Review is pleased to present the third annual Allen ChairSymposium issue. This special issue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.

Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf

University of Richmond Law Review

To the psalmist the age of seventy marks the end of one's days on earth, the last days so dimly lit in the poet's eyes. The calendar reminds us that 1996 marks the seventieth birthday of one of the most influential and enduring judicial decisions upholding the rights of communities to determine their demographic, economic, and societal future- Village of Euclid v. Ambler Realty Co. Case reporters, code compilations, and proposed legislation, along with treatises and law review articles warn us that the broad deference to regulators symbolized by the Euclid text is under attack. The eighth decade of constitutionally …

Regulating Indecent Broadcasting: Setting Sail From Harbors Or Sunk By The V-Chip?, Brett Ferenchak

University of Richmond Law Review

"Family values" has become a familiar phrase in all arenas of American life. As a result of the increasing concern over family values in broadcasting, the religious right, as well as the liberal left, have tried to stay the progression of moral decadence in our youth. The concerns have been directed towards violent, sexual and vulgar content in radio, television, and films.

Foreword, Brett P. Ferenchak

University of Richmond Law Review

The University of Richmond Law Review is pleased to present its twelfth Annual Survey of Virginia Law. Since its inception in 1985, the Annual Survey has been dedicated to providing the Virginia practitioner with a reliable resource for judicial, legislative, and administrative developments in the Commonwealth. Although each article focuses on developments in Virginia law, federal developments affecting the Virginia practitioner are also covered. The reader may notice that this year's Annual Survey was printed two months later than in past years. The Editorial Board made this change to allow for the printing of the updated Code of Virginia, permitting …

Class Of 1999, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 1999 at the T. C. Williams School of Law.

The Judiciary And Presidential Power In Foreign Affairs: A Critique, David Gray Adler

Richmond Journal of Law and the Public Interest

The aim of the first section is to examine the judiciary's contribution to executive hegemony in the area of foreign affairs as manifested in Supreme Court rulings regarding executive agreements, travel abroad, the war power, and treaty termination. In the second section of this article, I provide a brief explanation of the policy underlying the Constitutional Convention's allocation of foreign affairs powers and argue that those values are as relevant and compelling today as they were two centuries ago. In the third section, I contend that a wide gulf has developed in the past fifty years between constitutional theory and …

Jones V. Clinton And Presidential Immunity, Braxton Hill

Richmond Journal of Law and the Public Interest

On May 6, 1994, Paula Corbin Jones set in motion events that could alter the legal status of the office of the President of the United States. Ms. Jones filed a lawsuit against William Jefferson Clinton, the sitting President, because of sexual improprieties he allegedly committed while serving as Governor of Arkansas. As of January 1996, the case had already worked its way up the judicial ladder from the trial court to the first appellate level. Jones v. Clinton is poised to come before the United States Supreme Court, which could address unexplored areas of presidential jurisprudence--the body of legal …

The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreeements With Germany And Japan, J.R. Smith

Richmond Journal of Law and the Public Interest

The U.S. Presidency: Fostering Global Free Trade Through Minilateral Free Trade Agreements with Germany and Japan argues that global free trade will be better served by agreements of substance among fewer countries than by agreements of form among many countries. Specifically, the article addresses problems with the General Agreement on Tariffs and Trade (GATT) and argues that the goal of global free trade is more easily achieved through bilateral agreements between the United States and Germany, and the United States and Japan. The article concludes that such bilateral agreements, and the ultimate goal of global free trade, can be realized …

A Dialogue On Design, William A. Mcdonough

University of Richmond Law Review

This is an interview in the Allen Chair Symposium.

Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey

University of Richmond Law Review

Kenneth Jenks was born a hemophiliac, inheriting the condi- tion from his mother. He contracted the HIV virus from a blood transfusion in 1980 and unknowingly passed the virus to his wife, Barbara Jenks. Mrs. Jenks was the first to suffer the effects of the illness. Her weight dropped by nearly forty pounds in three weeks due to constant debilitating nausea, and she was repeatedly hospitalized for two- to three-week stretches. Mrs. Jenks tried a half-dozen different oral medications for nausea to no avail, and could not function after shots for nausea left her in a stupor. Mr. Jenks experienced …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence

University of Richmond Law Review

Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …

Self Incrimination And Cryptographic Keys, Greg S. Sergienko

Richmond Journal of Law & Technology

The Fifth Amendment commands that no person "shall be compelled in any criminal case to be a witness against himself." However, extending current judicial interpretations of the Fourth and Fifth Amendments too far may allow the government easy access even to private documents, making one's diary and other documents accessible and admissible in court against their author. What the Court has taken away, technology has given. Modern cryptography can make it virtually impossible to decipher documents without the cryptographic key, thus making the availability of the contents of those documents depend on the availability of the key. This article examines …

Federal Broadband Law, John Thorne, Michael K. Kellog, Peter W. Huber, Jeffrey A. Wolfson

Richmond Journal of Law & Technology

The authors of this book have brought together a vast and varied array of experience. Mr. Thorne is the Vice President & Associate General Counsel for Bell Atlantic; Mr. Huber is a Senior Fellow at the Manhattan Institute for Policy Research; and Mr. Kellogg is a Partner at Kellogg, Huber, Hansen & Todd. A reader will find the occasional use of technical jargon, such as "domsats" (domestic satellites), "coax" (coaxial cable), and "syndex" rules (syndicated exclusivity rules to protect syndicated, non-network programming) to be somewhat confusing. "Telcos" and "cablecos" are telephone and cable companies, respectively. Overall, however, technical jargon is …

Accidents On The Information Superhighway: On-Line Liability And Regulation, Marc L. Caden, Stephanie E. Lucas

Richmond Journal of Law & Technology

In one way or another, the Internet has affected or will affect our lives in a profound fashion. The Internet has fundamentally changed the way society works and plays by providing an inexpensive medium to obtain information and communicate with others. The current generation of children will be educated through computer communication, rather than from the confines of a dusty library with outdated books. However, the benefits of rapid Internet development have also opened a Pandora's box of legal issues and concerns which merit careful consideration. With roots in over 160 countries, and without a centralized authority, many now consider …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Foreword, Harris L. Kay

University of Richmond Law Review

The University of Richmond Law Review is pleased to present the third annual Allen Chair Symposium issue. This special is- sue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.

The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White

University of Richmond Law Review

Over the past two decades, both professional and lay opinion have shown a markedly favorable shift toward the legalization of euthanasia and physician-assisted suicide (PAS). Yet the translation of that support into legislation has come more slowly. Only in 1994, after the failure in some states to enact legislation and the defeat of ballot initiatives in California in 1991 and Washington in 1992, did an initiative finally succeed in Oregon. Although a court injunction has prevented it from taking effect, the fact of its passage marks an historical milestone. Among Western countries, euthanasia and PAS are legally available only in …