Law Commons^™

The "Irish Born" One American Citizenship Amendment, Kevin C. Walsh

Law Faculty Publications

Our Constitution has a deferred maintenance problem because we have fallen out of the habit of tending to its upkeep ourselves. The silver lining is a double benefit from any constitutional maintenance projects that we undertake now. These projects are good not only for what they do to our Constitution, but also for making us exercise self-government muscles that have atrophied from civic sloth.

Fortunately, the time has never been better to repeal one of our Constitution’s most pointlessly exclusionary provisions. The President of the United States is married to a naturalized citizen. And nobody can legitimately question the patriotism …

Curing The Federal Court Vacancy Crisis, Carl Tobias

Law Faculty Publications

The federal judiciary has experienced a vacancy crisis, which has intensified over President Donald Trump's tenure when judicial openings significantly increased from the 105 vacancies at his inauguration. Despite these concerns, analysts hail court selection as Trump's paramount success. This Article canvasses the rise and expansion of the crisis and scrutinizes the practices which Trump and the I 15th Senate instituted, as Republican concentration on quickly appointing many conservative appeals court judges resulted in departures from longstanding precedents and undermined the presidential discharge of constitutional responsibilities to nominate and confirm impressive jurists as well as senatorial duties to advise and …

Richmond Law Magazine: Summer 2018, University Of Richmond

Richmond Law Magazine

What did the First Amendment originally mean?

"A responsibility to be a part of the community"

Civil rights champion

Richmond Law Magazine: Winter 2018, University Of Richmond

Richmond Law Magazine

Features:

Quarreling Over the Orange

Flight Path

‘The executive power shall be vested in a president’

Appointing Lesbian, Gay, Bisexual, Transgender And Queer Judges In The Trump Administration, Carl W. Tobias

Law Faculty Publications

President Donald Trump incessantly brags that American citizens selected him to “Make the Judiciary Great Again” and constantly reminds the public that the huge number of federal jurists whom Trump has appointed will be deciding cases decades after his tenure is over. Trump has rapidly submitted many circuit and district court candidates, but not one of his 123 nominees has been openly lesbian, gay, bisexual, transgender or queer (LGBTQ). The White House has also instituted endeavors, specifically regarding transgender people, which seem discriminatory. Indeed, a third of the judicial nominees whom the President has appointed have compiled anti-LGBTQ records. Because …

Modernizing Disability Income For Cancer Survivors, Ann C. Hodges

Law Faculty Publications

The medical progress in cancer treatment is worthy of celebration, as survivors of many cancers are living longer. This good news, however, comes with challenges for those survivors. Empirical evidence from researchers at cancer centers demonstrates the devastating impact that cancer has on employment, resulting in serious financial stress for survivors and their families. My previous research used this empirical data to recommend changes in employment laws to meet the need of survivors to maintain employment. This article builds on the prior research by using the empirical evidence of the employment effects of cancer to recommend changes in the disability …

E-Museletter: December 2017, William Taylor Muse Law Library

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Annual Survey 2017: Table Of Contents

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

The Supreme Court of Virginia has handed down seven recent

decisions addressing the authority of an agent to change the principal's

estate plan, legal malpractice claims in estate planning,

rights of incapacitated adults, limits of the constructive trust doctrine,

effects of a reversionary clause in a deed, ownership of an

engagement ring, and proof of undue influence. The 2017 Virginia

General Assembly clarified rules on legal malpractice and tenancies

by the entireties, adopted the Uniform Trust Decanting Act

and the Uniform Fiduciary Access to Digital Assets Act, and expanded

provisions governing estate administration, life insurance,

and advance medical directives. Other …

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson

University of Richmond Law Review

No abstract provided.

The Evolution Of E-Commerce In Virginia Real Property Transactions, Ronald D. Wiley Jr.

University of Richmond Law Review

No abstract provided.

A Step Toward Robust Criminal Discovery Reform In Virginia: The Disclosure Of Witness Statements Before Trial, Jennifer Horan

University of Richmond Law Review

No abstract provided.

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant recent developments in the laws

affecting Virginia state and local taxation. Each section covers

legislative activity, judicial decisions, and selected opinions or

pronouncements from the Virginia Tax Department (the "Tax

Department") and the Virginia Attorney General over the past

year.

Improper Delegation Of Judicial Authority In Child Custody Cases: Finally Overturned, Dale Margolin Cecka

University of Richmond Law Review

No abstract provided.

Howell V. Mcauliffe, L. Michael Berman

University of Richmond Law Review

No abstract provided.

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

This article aims to give a succinct review of notable criminal

law and procedure cases decided by the Supreme Court of Virginia

and the Court of Appeals of Virginia during the past year. Instead

of covering every ruling or rationale in these cases, the article

focuses on the "take-away" of the holdings with the most

precedential value. The article also summarizes noteworthy

changes to criminal law and procedure enacted by the 2017 Virginia

General Assembly.

Preface: Annual Survey 2017, Brian M. Melnyk

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

No abstract provided.

Family Law, Allison Anna Tait

University of Richmond Law Review

Another year of family law activity in Virginia brought both new

legislation, which will likely have long-term impacts, as well as a

new set of judicial opinions that will bring changes to the Virginia

rules. The terrain covered in the legislation and opinions varies,

but it includes certain fixtures such as marriage and divorce requirements,

equitable distribution, spousal and child support, and

child custody. This brief overview addresses all these areas, beginning

with the legislative changes and then moving to the courts.

Slaying The Gerrymander: How Reform Will Happen In The Commonwealth, Brian Cannon, Ben Williams

Richmond Public Interest Law Review

Gerrymandering is a political tool that snuck its way into Virginia politics long ago. It has become problematic over time, threatening true democracy in the Commonwealth. This article outlines what those problems are, how other states reacted to similar issues, and what Virginia politicians have done to respond to gerrymandering. It offers proposed solutions to the issues, and calls upon the Virginia General Assembly and elected governor to take action.

A Reform Long Overdue: Raising Virginia's Felony Grand Larceny Threshold, Bill Rice

Richmond Public Interest Law Review

Virginia has one of the lowest felony grand larceny thresholds in the nation. This low threshold has not been adjusted with inflation since 1980 and, thus, results in a high number of felony convictions in the state today. This article examines the current debate surrounding Virginia’s felony grand larceny threshold and presents a remedy that will reasonably man- age the state’ s interests in preventing future larcenies while not unduly punishing citizens for committing minor crimes.

Capital Sentencing For Children In Virginia In The Wake Of Miller V. Alabama And Montgomery V. Louisiana, Julie E. Mcconnell

Richmond Public Interest Law Review

Recent United States Supreme Court decisions have declared it unconstitutional to sentence a juvenile to mandatory life in prison without an opportunity for parole. Virginia, a state that abolished parole in 1995, has yet to recognize the federally mandated prohibition against disproportionate punishment imposed on juveniles, particularly in cases where the mandatory minimum sentence is life without parole. This article proposes the General Assembly should amend current laws that reflect the unconstitutionality of these statutes as applied to juveniles.

Amending The Virginia Residential Landlord-Tenant Act Regarding Liability For Bedbug Extermination, Lisa Allen

Richmond Public Interest Law Review

An addition to the Virginia Code has caused complications for residential tenants who experience bedbugs in their rental units. A proposed amendment to this law will hold landlords liable for dealing with bedbugs infestations because landlords are in a position that makes them most able to afford treatment. This amendment would also address bedbugs effectively according to scientific research and align with federal housing guidelines.

Sometimes It Takes A Tragedy: How The Death Of A Mentally Ill Inmate May Become A Catalyst For A New Horizon Of Mental Health Reform In Virginia, Snapper Tams

Richmond Public Interest Law Review

This comment recounts a recent tragedy that occurred in the Common- wealth of Virginia that resulted from neglect of a mentally ill inmate in the state’s correctional system. Mentally ill inmates have been long ignored by the Commonwealth as a result of lack of funds and resources available to correctional facilities. The General Assembly has considered legislation that would prevent stories like the one in this comment, but legislators delayed action and prioritized other matters. This comment calls upon the General Assembly to take these tragedies seriously and put mentally ill in- mates on the agenda in 2018.

E-Museletter: October 2017, William Taylor Muse Law Library

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E-Museletter: August 2017, William Taylor Muse Law Library

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Richmond Law Magazine: Winter 2017, University Of Richmond

Richmond Law Magazine

Features:

The Happy Lawyer

"Tyranny of the Algorithm"

Virginia's New Prescription for the Opioid Crisis

Security Clearance Conundrum: The Need For Reform And Judicial Review, Heidi Gilchrist

University of Richmond Law Review

No abstract provided.

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.

Involuntarily Committed Patients As Prisoners, Matt Lamkin, Carl Elliott

University of Richmond Law Review

Part I relates several stories of involuntarily committed patients who were recruited into studies posing serious risks. Part II draws on these cases to argue that the involuntary commitment of these patients leaves them vulnerable to unethical treatment by researchers. Their inherently coercive circumstances present an overwhelming obstacle to voluntary consent, and their captive status makes them attractive targets for research that could be performed using less vulnerable subjects.

Part III argues that most research on this patient population is improper under generally applicable principles of informed consent and fair subject selection. However, existing protections have proved insufficient to prevent …