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Full-Text Articles in Law

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter Nov 2016

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.


Family Law, Allison Anna Tait Nov 2016

Family Law, Allison Anna Tait

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Aaron J. Campbell Nov 2016

Criminal Law And Procedure, Aaron J. Campbell

University of Richmond Law Review

No abstract provided.


Taxation, Craig D. Bell Nov 2016

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii Nov 2016

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, William H. Hurd, Ashley L. Taylor Jr., Nancyellen Keane, Stephen C. Piepgrass, C. Reade Jacob Jr., James M. Giudice, J. Westwood Smithers Iii

University of Richmond Law Review

Part I provides an in-depth factual overview, beginning with the Sweet Briar College's founding in the early 1900s. The commentary then turns to the controversial decision to close and discusses the facts and legal theories of the case, the decisions by the circuit court and the Supreme Court of Virginia, and the eventual settlement that kept the school alive.

In Part II, the discussion shifts to the landmark nature of this case, not only for Sweet Briar College, but also for other Virginia colleges and non-profits around the country. The essay analyzes the legal questions arising from the case, including …


Issue 1: Table Of Contents Nov 2016

Issue 1: Table Of Contents

University of Richmond Law Review

No abstract provided.


In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker Nov 2016

In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, Christopher S. Dadak Nov 2016

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This article examines developments in Virginia civil procedure and practice in the past year. The survey includes a discussion of the relevant decisions from the Supreme Court of Virginia, changes to applicable rules of practice or procedure, and new legislation, which will likely affect the practice of a civil practitioner in the Commonwealth of Virginia.


Corporate And Business Law, Laurence V. Parker Jr. Nov 2016

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

Over the past three years, there have been a number of legislative changes to Virginia's business entity statutes. In Part I,this article highlights the changes to the Virginia Stock Corporation Act ("VSCA") and the Virginia Nonstock Corporation Act ('"VNSCA"). Part II highlights changes to the Limited Liability Company Act ("LLC Act"). Part III summarizes Virginia's new intrastate crowdfunding law. The Supreme Court of Virginia has also addressed several significant issues over the last three years, including the applicability of appraisal rights in a stepped transaction. Part IV reviews several of the significant cases during this period.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2016

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

University of Richmond Law Review

No abstract provided.


Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman Nov 2016

Foreclosure Of A Deed Of Trust In Virginia, Doug Rendleman

University of Richmond Law Review

This article deals with foreclosure of a deed of trust in Virginia.

The Introduction discusses the deed of trust or mortgage as a social

and political institution and the foreclosure crisis that seems

to be ending. Part I is a brief history of mortgage law. It provides

a short history of the modern mortgage system in the United

States. Part II follows with a description of the approach that

Virginia takes to mortgages. It localizes the mortgage institution

to Virginia and introduces Virginia's vocabulary and technical details,

the deed of trust, and the parties' rights and obligations.

Part III provides …


Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth Nov 2016

Analyzing The Virginia Workers' Compensation Act's Governance Of Employer Non-Compliance, D. Paul Holdsworth

University of Richmond Law Review

No abstract provided.


Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon Nov 2016

Grow Up Virginia: Time To Change Our Filial Responsibility Law, Sylvia Macon

University of Richmond Law Review

No abstract provided.


Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight May 2016

Lost In Translation: How Practical Considerations In Kirtsaeng Demand International Exhaustion In Patent Law, Dustin M. Knight

University of Richmond Law Review

No abstract provided.


Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White May 2016

Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White

University of Richmond Law Review

Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts' inadequate responses to these problems.

Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, …


Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue May 2016

Book Review: Law, Universities, And The Challenge Of Moving A Graveyard, Wendy Collins Perdue

University of Richmond Law Review

Review:

Rethinking the Law School: Education, Research, Outreach and Governance

By Carol Stolker. Cambridge University Press, 2014. 454 pp. $125.00


The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger May 2016

The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger

University of Richmond Law Review

No abstract provided.


Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii May 2016

Practical Tips For Placing And Publishing Your First Law Review Article, Robert Luther Iii

University of Richmond Law Review

No abstract provided.


Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber May 2016

Clarence Thomas, Fisher V. University Of Texas, And The Future Of Affirmative Action In Higher Education, Scott D. Gerber

University of Richmond Law Review

No abstract provided.


Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson May 2016

Book Review. "But I Know It When I See It": Natural Law And Formalism, W. H. Bryson

University of Richmond Law Review

No abstract provided.


Issue 4: Table Of Contents May 2016

Issue 4: Table Of Contents

University of Richmond Law Review

No abstract provided.


Causation In Whistleblowing Claims, Nancy M. Modesitt May 2016

Causation In Whistleblowing Claims, Nancy M. Modesitt

University of Richmond Law Review

his article attempts to bring coherence to the confusion of state whistleblower causation standards by: (1) explaining the causation standards presently used in federal whistleblower protection statutes; (2) identifying the proliferating causation standards used in whistleblower claims brought under state law; (3) assessing the most commonly used causation standards, including exploring the tort causation doctrine and theory that underlie some of these standards; and (4) proposing a uniform standard for causation in state whistle- blower litigation.


Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias May 2016

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.


Equity And Feasibility Regulation, Dov Waisman May 2016

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.


Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer May 2016

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …


Online Issue: Table Of Contents May 2016

Online Issue: Table Of Contents

University of Richmond Law Review

No abstract provided.


Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols May 2016

Introducing The University Of Richmond Law Review Online Edition, P. Thomas Distanislao Iii, Carter Nichols

University of Richmond Law Review

No abstract provided.


What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker May 2016

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …


Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias May 2016

Filling Federal Court Vacancies In A Presidential Election Year, Carl Tobias

University of Richmond Law Review

No abstract provided.


Glimpses Of Marshall In The Military, Kevin C. Walsh May 2016

Glimpses Of Marshall In The Military, Kevin C. Walsh

University of Richmond Law Review

No abstract provided.