Law Commons^™

The Case For A Feminist Torts Casebook, Carl W. Tobias

Law Faculty Publications

Professor Leslie Bender's recent essay, An Overview of Feminist Torts Scholarship, contributes substantially to the construction of feminist perspectives on tort law. She carefully and comprehensively surveys burgeoning feminist scholarship in the field of torts. Professor Bender closely examines feminist histories of substantive tort law, the application of feminist theory to tort doctrine, to tort law concepts, and to the teaching of torts, tort issues that are important to women's lives, social science research involving feminism and torts, book reviews that are relevant to feminist tort law, and overviews of material that implicate feminist viewpoints of torts. After Professor Bender …

More On Federal Civil Justice Reform In Montana, Carl W. Tobias

Law Faculty Publications

The Montana Federal District Court has been experimenting with practically all of the procedures that it included in the civil justice expense and delay reduction plan that the district formally promulgated in April 1992 under the Civil Justice Reform Act (CJRA) of 1990. The Article III judges and the magistrate judges and numerous Montana federal court practitioners have now accumulated considerable experience with the procedures instituted, while efforts are presently being undertaken to evaluate most of the procedures. Numerous new development.s regarding national implementation of federal civil justice reform have also been occurring. Important developments that implicate federal civil justice …

The Gender Gap On The Montana State Bench, Carl W. Tobias

Law Faculty Publications

Governor Racicot should expeditiously and forcefully act to remedy the gender gap on the state courts for many reasons. First, there is a significant, highly qualified, pool of female attorneys in Montana who could render excellent judicial service. Numerous women have participated in the types of rigorous legal practices which would prepare them well for the bench. These female lawyers are intelligent, industrious, and independent, while they have exhibited the kind of impeccable integrity and appropriately measured judicial temperament to be fine judges. Some of the attorneys have engaged in challenging public law practices, others have been involved in rigorous …

The Clinton Administration And Civil Justice Reform, Carl W. Tobias

Law Faculty Publications

Governor Bill Clinton was inaugurated as the President of the United States last month. The federal courts are one area of critical significance to the nation in which the Chief Executive can play a major role in important substantive and procedural policymaking. Moreover, President Clinton, as a former law professor and Arkansas Attorney General, may be particularly interested in issues involving the federal courts.

The Clinton Administration will have to address numerous issues that implicate the federal courts throughout its tenure, but especially during the first year in office. Some of these questions, such as the abolition of diversity jurisdiction, …

Guatemalan Political History: National Indian Policy, 1532-1954, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The relationship between the Spanish and later the Guatemalan state with the Mayan Indians over the past four centuries is a fundamental component of Guatemalan political history. Since the beginnings of the nation, when the Mayans were political and military entities of power and independence with whom the Spanish had to come to terms; to the 1944-1954 "Revolutionary Era," when Indian communities were finally conceded limited social, economic, and political rights; and the period from 1979 to 1984 in which the military regimes killed "tens of thousands by some estimates as high as 80,000" Indians; the Indian population has been …

Opt-Outs At The Outlaw Inn: A Report From Montana, Carl W. Tobias

Law Faculty Publications

Report of Prof. Tobias' CLE presentation at the Montana State Bar Association's annual meeting, highlighting the 1993 revisions to the Federal Rules of Civil Procedure and the Civil Justice Reform Act.

Keeping The Covenant On The Federal Courts, Carl W. Tobias

Law Faculty Publications

When Governor Clinton was campaigning for the presidency, he contended that the federal court appointments of President Ronald Reagan and President George Bush significantly reduced the diversity that President Jimmy Carter had strongly promoted. Candidate Clinton pledged, if elected President, to rectify that situation. Since the election, Bill Clinton has fulfilled his promise by naming to the judiciary outstanding attorneys who reflect the diverse composition of American society. Now that President Clinton has completed his initial year of service, it is important to analyze the Clinton Administration's record of choosing judges to ascertain precisely how the President has kept his …

Another "Solemn Public Lie", Frederick Bernays Wiener

University of Richmond Law Review

When Roger Williams, the founder of Rhode Island, and the founder of religious toleration in what was to become the United States of America, examined the charter that King James I had given the Governor and Company of the Massachusetts Bay in New England, he found in that document two significant misstatements. Williams first pointed out the falsity of the recital wherein the King "blessed God that he was the first Christian Prince that had discovered this land."' He then denounced the royal land grant to the Massachusetts Bay Company, because that land belonged, not to the King, but to …

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

In the past year, several significant developments affecting children and the legal system have occurred: first, the General Assembly's enactment of Family Court legislation introduced under the auspices of the Supreme Court of Virginia and the Judicial Council; second, the reaffirmation of the Comprehensive Services Act, a state-wide, community-based, inter-agency system of delivering services to children, youth and their families; third, the adoption of a number of bills which address the growing problem of violence by juveniles; and fourth, an increasing number of decisions concerning transfer of juveniles to the circuit courts to be tried as adults, which also reflects …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Richmond Law Magazine: Winter 1993

Richmond Law Magazine

Features:

Dedication

ADA, Civil Rights Act, and Your Workplace

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen

University of Richmond Law Review

The United States Constitution vests the President with "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although Virginia delegate Edmund Randolph raised concerns about the executive branch possibly abusing the pardon power to conceal criminal conduct at the Constitutional Convention, Randolph's colleagues relied upon the presumption that a president would not break the law and defeated his motion to limit presidential pardon power to cases of treason. Recently, the scandalous Iran-Contra affair has demonstrated that, contrary to the Framers' expectations, presidents may circumvent or directly violate federal laws.

Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava

University of Richmond Law Review

With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …

Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka

University of Richmond Law Review

On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.

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.

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola

University of Richmond Law Review

During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …

Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill, Matthew P. Pritts

University of Richmond Law Review

This article reviews recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion includes amendments to the Code of Virginia promulgated by the General Assembly in the 1992 and 1993 legislative sessions, as well as important cases dealing with construction law issues decided by Virginia's state and federal courts in 1992 and the first half of 1993.

Annual Survey Of Virginia Law: Consumer Protection Law, Edward P. Nolde

University of Richmond Law Review

This is the first year the University of Richmond Law Review has surveyed Virginia law concerning developments in the area of consumer protection. Thus, this article includes background material as well as recent developments that are more than one year old. Except as background for the current statutes, this survey does not discuss the common law torts of fraud and constructive fraud. Although these common law actions remain important to consumers, they have been discussed in several other recent publications.

Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.

University of Richmond Law Review

While the Supreme Court of Virginia handed down decisions of significance dealing with the ownership and operation of real property in the Commonwealth during the past year, in most cases the court was content to apply well-settled law in new fact situations, or to extend the boundaries of such law gently into new territory. The General Assembly, for its part, spent most of its energy clarifying existing legislation or repairing portions of statutes which, either in operation or in prospect, needed relatively minor modifications. The foregoing statements are not intended to belittle the cases which were decided and the legislation …

The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer

University of Richmond Law Review

The opinion issued by the court of appeals in Kroger Co. v. Morris was both short and, in light of precedent, predictable. The practical consequences of the reasoning used by the court in this and similar cases, however, may be much less predictable than is desirable. The case concerned a Virginia Worker's Compensation Commission decision that contained a finding regarding the credibility of a witness which contradicted the finding of the deputy commissioner who presided at the hearing. The court of appeals held that it is permissible for the worker's Compensation Commission to make a credibility finding which differs from …

Rawls's Excessively Secular Political Conception, Gary C. Leedes

University of Richmond Law Review

In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.

Breaking Into The Intergovernmental Matrix: The Lumbee Tribe's Efforts To Secure Federal Acknowledgment, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

This article discusses the concept of political recognition (both federal and state) of Indian tribes; explains the difference between administrative and legislative recognition; examines who is or should be empowered to extend federal recognition, the Congress or the executive branch; discusses the major factors that have compelled the Lumbees to seek federal recognition when they were already acknowledged by the state; and examines the major factors that have precluded them from securing complete federal recognition.

The Revolution That Wasn't: On The Business As Usual Aspects Of Employment At Will, Sid L. Moller

University of Richmond Law Review

With a pronouncement that has become quite familiar to those who follow employment law, a nineteenth century state court captured the employment at will rule in its pristine form: "An employer can fire an employee for good reason, bad reason or for a reason morally wrong, without incurring any liability."

Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler

University of Richmond Law Review

As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.

Statement By Toney Anaya On Capital Punishment, Toney Anaya

University of Richmond Law Review

I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.

Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil

University of Richmond Law Review

The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …

The Clemency Process In Virginia, Walter A. Mcfarlane

University of Richmond Law Review

When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.

The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples

University of Richmond Law Review

When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.