Law Commons^™

The Law Of High-Wealth Exceptionalism, Allison Anna Tait

Law Faculty Publications

No family is an island. But some families would like to be – at least when it comes to wealth preservation – and they depend on what this Article calls the law of high-wealth exceptionalism to facilitate their success. The law of high-wealth exceptionalism has been forged, over the years, from the twinned scripts of wealth management and family wealth law, both of which constitute high-wealth families as sovereign entities capable of self-regulation and deserving of exemption from the rules that govern ordinary-wealth families. Consequently, high-wealth families take advantage of complicated estate planning techniques and highly favorable wealth rules in …

Introduction To The Research Handbook On Intellectual Property And Technology Transfer, Jacob H. Rooksby

Law Faculty Publications

University researchers help improve lives by solving problems that impact health, happiness, and societal wellbeing. Universities harness the power of faculty innovations and disseminate them to the public, using intellectual property to create protections and provide rewards. This process of technology transfer has been vibrant in US universities since at least the Second World War and has grown in importance everywhere since then. The Bayh-Dole Act of 1980 helped spark formalized attention to technology transfer in the US and has inspired similar legislation in countries across the globe. ...

Beyond Formal University Technology Transfer: Innovative Pathways For Knowledge Exchange, Jacob H. Rooksby

Law Faculty Publications

University technology transfer is often associated with formal transmission of science-based inventions, for instance through the licensing of patented technology to a firm. Formal conceptions of technology transfer limit our ability to understand fully how scientific knowledge evolves into industrial and social application. In this introductory article, we discuss how knowledge is shared and accessed across boundaries, and argue for a broader conceptualization including the transfer, translation, and transformation of knowledge. This view underlies a necessary conceptual shift from formal technology transfer to a more encompassing conception of pathways for knowledge exchange. We discuss promising avenues for extending research on …

Popular Constitutional Argument, Thomas G. Donnelly

Law Faculty Publications

Critics have long attacked popular constitutionalists for offering few clues about how their theory might work in practice—especially inside the courts. These critics are right. Popular constitutionalism—as a matter of both theory and practice—remains a work in progress. In this Article, I take up the challenge of developing an account of (what I call) popular constitutional argument. Briefly stated, popular constitutional argument is a form of argument that draws on the American people’s considered judgments as a source of constitutional authority—akin to traditional sources like text, history, structure, and doctrine. Turning to constitutional theory, I situate popular constitutional argument within …

Key Expert Stakeholder Perceptions Of The Law Of Genomics: Identified Problems And Potential Solutions, Lauren E. Clatch

Law Faculty Publications

The law on human genomics in the United States is currently in transition and under debate. The rapid evolution of the science, burgeoning clinical research, and growing clinical application pose serious challenges for federal and state law. Newer genomic assays, such as gene panels, whole exome and whole genome sequencing that can assess many or all of a patient’s genetic variants are different from former genetic assays that consist of assessing for variants in specific genes that indicate risk for medical conditions and for single-gene Mendelian disorders. Overall, single-gene genetic testing has primarily been used for risk prediction, disease diagnosis, …

The Economic Efficiency Case Against Business Tax Privacy, Daniel Schaffa

Law Faculty Publications

By statute, business tax returns are not publicly available. But with public access, investors would acquire useful information that would help them make better investing decisions; business tax compliance and planning would become more uniform, preventing tax-savvy firms from gaining an advantage over other relatively more productive firms; and businesses could learn from one another, which would spare firms the cost of redundantly developing the same tax strategies. In the long run, these efficiency gains could result in lower prices, higher wages, more innovation, more leisure, and better investment returns. In the debate over business tax privacy, these sorts of …

The Lost Lessons Of Shareholder Derivative Suits, Jessica M. Erickson

Law Faculty Publications

Merger litigation has changed dramatically. Today, nearly every announcement of a significant merger sparks litigation, and these cases look quite different from merger cases in the past. These cases are now filed primarily outside of Delaware, they typically settle without shareholders receiving any financial consideration, and corporate boards now have far more ex ante power to shape these cases. Although these changes are often heralded as unprecedented, they are not. Over the past several decades, derivative suits experienced many of the same changes. This Article explores the similarities between the recent changes in merger litigation and the longer history of …

Filling The Federal District Court Vacancies, Carl Tobias

Law Faculty Publications

"President Donald Trump’s major success has been confirming judges for the thirteen federal appellate courts. The President shattered records by appointing a dozen circuit jurists in his administration’s first year, eighteen judges over the course of 2018, and twenty additional judges throughout his third year. Indeed, by June 2019, the appeals courts experienced four vacancies in 179 judgeships and today, only one position remains empty. This achievement is critical, as these tribunals are the courts of last resort for nearly every appeal, and appellate court opinions articulate greater policy than district court rulings and cover multiple states.

However, that accomplishment …

With Gratitute From Our Daughters: Reflecting On Justice Ginsburg And United States V. Virginia, Meredith Johnson Harbach

Law Faculty Publications

“What enabled me to take part in the effort to free our daughters and sons to achieve whatever their talents equipped them to accomplish, with no artificial barriers blocking their way?”

—Ruth Bader Ginsburg

On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. …

Richmond Law Magazine: Winter 2020, University Of Richmond

Richmond Law Magazine

To Right A Wrong

A Whistleblower and A Wiretap

A Homegrown Panel

Richmond Law Magazine: Summer 2020, University Of Richmond

Richmond Law Magazine

Dear Professor

Building a Better Lawyer

A Lightning Rod of a Ruling

The Hidden Value Of Abandoned Applications To The Patent System, Christopher A. Cotropia, David L. Schwartz

Law Faculty Publications

Some inventors abandon their patent applications without ever receiving a patent. Although patent scholars view such abandoned applications as essentially worthless, we question that conventional wisdom. In conducting an empirical analysis of a recently released patent application dataset (in light of a 1999 change requiring publication of most abandoned applications), we find that the United States Patent and Trademark Office (USPTO) often uses abandoned applications as prior art when examining future patent applications. Abandoned applications thus generate an administrative disclosure that prevents the issuance of broader patent rights to later applicants. By narrowing the scope of new patents, abandoned applications …

General Assembly In Review 2019

Richmond Public Interest Law Review

No abstract provided.

E-Museletter: December 2019, William Taylor Muse Law Library

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E-Museletter: November 2019, William Taylor Muse Law Library

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Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

This year there were a number of significant legislative changes to the Virginia Stock Corporation Act (“VSCA”) and the Virginia Limited Liability Company Act. Part I discusses certain statutory changes related to Virginia Corporations. Part II summarizes the changes to VSCA, including changes related to ratification of defective corporate acts, appraisal rights in asset sale transactions, multiple changes related to interspecies transactions, improving and making the effect of merger, domestication, and conversion language more uniform, refining the process for abandoning fundamental transactions, regulating the second step merger following a tender offer, modifying the corporate opportunity doctrine, allowing for a court …

Criminal Law And Procedure, Rachel L. Yates, John I. Jones Iv, Brittany Dunn-Pirio

University of Richmond Law Review

This Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant appellate decisions and legislation.

Taxation, Craig D. Bell, Michael H. Brady

University of Richmond Law Review

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions and other pronouncements from the Virginia Department of Taxation (the “Tax Department”) and the Attorney General of Virginia over the past year. Part I of this Article addresses state taxes. Part II covers local taxes, including real and tangible personal property taxes, license taxes, recordation taxes, and administrative local tax procedures. The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia …

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2019 Virginia General Assembly did not enact any major new legislation, but it did pass several significant amendments. Among the most useful was an amendment to the Virginia Uniform Transfers to Minors Act which extended the maximum age for custodianships from twenty-one to twenty-five. The legislature also decided to cease imposing income taxes on estates and trusts whose sole connection to the Commonwealth is that they are being administered here. It responded to two recent court cases involving the required execution formalities for leases and the right to award attorneys’ fees in actions involving an agent’s breach of fiduciary …

The Downfall Of "Incumbent Protection": Case Study And Implications, Jeffrey R. Adams, Lucas I. Pangle

University of Richmond Law Review

On January 9, 2019, the United States Court of Appeals for the Fourth Circuit struck down Virginia Code section 24.2-509— Virginia’s long-standing “Incumbent Protection Act” (or the “Act”). The Incumbent Protection Act was the only statute of its kind, and had endured criticism by grassroots commentators. Yet, the Incumbent Protection Act had long evaded scrutiny in the courtroom. Indeed, the Incumbent Protection Act’s courtroom history is labyrinthine, replete with interesting and significant commentaries on party rights, standing, and public policy preference for primaries. In fact, before its eventual demise, it had been implicated in several lawsuits bringing constitutional challenges to …

From Animal Control To Zoning: 2019 Local Government Law Update, Tyler C. Southall

University of Richmond Law Review

The goal of this Article is to review significant recent developments in Virginia local government law. First, this Article discusses a number of Supreme Court of Virginia and Fourth Circuit Court of Appeals cases published between July 1, 2018 and July 1, 2019. These cases involve questions of the First Amendment and social media, the First Amendment and employment law, attorney client privilege and Freedom of Information Act requests, vested rights issues in zoning ordinances, the powers of the Virginia State Corporation Commission, and public finance. Second, this Article addresses new laws from the 2019 General Assembly. It is impossible …

Table Of Contents

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article’s focus and analysis encompasses the past year of Supreme Court of Virginia opinions, legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This Article is not meant to be all-encompassing, but does endeavor to capture the highlights of changes or analysis regarding Virginia civil procedure. The opinions discussed throughout this Article do not all reflect changes in Virginia jurisprudence on civil procedure, but also address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The Article first addresses opinions …

Employment Law, Bret G. Daniel, Erin B. Edwards

University of Richmond Law Review

Virginia has historically been regarded as an employer-friendly jurisdiction. However, in recent years, the Fourth Circuit Court of Appeals has issued an increasing number of opinions that tend to favor employees. With a state legislature largely reluctant to interfere in the employer-employee relationship, developments in employment law generally occur via Fourth Circuit jurisprudence. Given the predominance of federal employment law in Virginia, the following discussion regarding developments in this practice area focuses less on state statutes and courts, and more on decisions handed down from the federal bench. This Article provides an update on recent developments in employment law in …

Preface, Matthew L. Pangle

University of Richmond Law Review

The University of Richmond Law Review is proud to present the thirty-fourth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has striven to provide a comprehensive resource detailing recent legislative, judicial, and administrative changes in Virginia. Today, the Annual Survey is the most widely read publication of the University of Richmond Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth. In continuing the Annual Survey tradition, we have selected pieces we believe are timely, compelling, and useful to staying informed of relevant legal and social issues.

In Memoriam: Michael Morchower, John W. Luxton

University of Richmond Law Review

October of 1974 brought an offer of employment to work for Michael Morchower as his first legal associate. We met in my last semester of law school when I did an internship with Robert W. Duling of the Richmond Commonwealth’s Attorney Office. Contested cases I observed between the two were spirited. When the case was over, however, the two future legends of the Richmond legal community would congratulate one another in a sincere and thoughtful manner.

"In The Little World": Breaking Virginia's Foster-Care-To-Prison Pipeline Using Restorative Justice, Joanna R. Steele

University of Richmond Law Review

This Comment proposes that integrating restorative justice conferencing into Virginia’s foster care system can help break its foster-care-to-prison pipeline. Part I details Virginia’s foster care system and the foster-care-to-prison pipeline. Part II reviews and explains how restorative conferencing in Glenmona, Northern Ireland’s equivalent foster care system correlates strongly with decreased incarceration of foster children. Part III outlines how Virginia can implement the same restorative conferencing in its foster care system and pioneer a program that could affect its foster-care-to-prison pipeline.

An Analysis Of Intentional Infliction Of Emotional Distress Claims In The Virginia Workplace, Stephen Allred

University of Richmond Law Review

This Article first traces the development of the tort of intentional infliction of emotional distress as applied to the workplace in the Commonwealth of Virginia in Part I, and offers some observations about the significant hurdles a plaintiff may face in trying to successfully hold an employer accountable for conduct that many in our society would deem unacceptable. After reviewing the evolution of the doctrine since it was first recognized in Virginia nearly fifty years ago in Part II, Part III returns to the incident described above involving Linda Bodewig and her employer, and offers an analysis of how her …

[Introduction To] Rap On Trial: Race, Lyrics, And Guilt In America, Erik Nielson, Andrea L. Dennis, Killer Mike

Bookshelf

A groundbreaking exposé about the alarming use of rap lyrics as criminal evidence to convict and incarcerate young men of color

“If you believe that I’m a cop killer, you believe David Bowie is an astronaut.” —Rapper Ice-T, on the persona he adopted in the song “Cop Killer”

Should Johnny Cash have been charged with murder after he sang, “I shot a man in Reno just to watch him die”? Few would seriously subscribe to this notion of justice. Yet in 2001, a rapper named Mac whose music had gained national recognition was convicted of manslaughter after the prosecutor quoted …

E-Museletter: October 2019, William Taylor Muse Law Library

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