Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Social Welfare Law (16)
- Business Organizations Law (9)
- Labor and Employment Law (8)
- Elder Law (7)
- Internet Law (7)
-
- Communications Law (6)
- Intellectual Property Law (6)
- State and Local Government Law (6)
- Legislation (5)
- Criminal Law (4)
- Supreme Court of the United States (4)
- Tax Law (4)
- Antitrust and Trade Regulation (3)
- Civil Law (3)
- Civil Procedure (3)
- Estates and Trusts (3)
- First Amendment (3)
- Legal History (3)
- Property Law and Real Estate (3)
- Taxation-State and Local (3)
- Administrative Law (2)
- Criminal Procedure (2)
- Energy and Utilities Law (2)
- Family Law (2)
- Immigration Law (2)
- Juvenile Law (2)
- Legal Ethics and Professional Responsibility (2)
- Workers' Compensation Law (2)
- Civil Rights and Discrimination (1)
- Keyword
-
- ADEA (7)
- Age Discrimination in Employment Act (7)
- ERISA (4)
- Telecommunications Act of 1996 (4)
- AT&T (3)
-
- FCC (3)
- Allen Chair Symposium (2)
- Bell Atlantic (2)
- CD-ROM (2)
- Chapman v. City of Virginia Beach (2)
- Civil Rights Act (2)
- Communications Decency Act (2)
- EEOC (2)
- Employee Retirement Income Security Act (2)
- Equal Employment Opportunity Commission (2)
- FERC (2)
- FLSA (2)
- Fair Labor Standards Act (2)
- GTE (2)
- Hazen Paper Co. v. Biggins (2)
- Internal Revenue Code (2)
- MCI (2)
- New York v. Melton (2)
- O'Connor v. Consolidated Coin Caterers Corp. (2)
- OWBPA (2)
- Sherman Act (2)
- St. Mary's Honor Center v. Hicks (2)
- Texas Department of Community Affairs v. Burdine (2)
- ACLU (1)
- ACLU v. Reno (1)
Articles 1 - 30 of 85
Full-Text Articles in Law
Letter From The Editor, Eric R. Link
Letter From The Editor, Eric R. Link
Richmond Journal of Law & Technology
One of my first responsibilities as the Journal's 1996-97 editor in chief was to ask Professor John Paul Jones to serve as our faculty advisor. I made this request over dinner one evening late in the summer of 1996, and while he declined to commit (we eventually reached an agreement), he did make a very interesting observation. Being only the second editorial board in the Journal's brief history, Prof. Jones said it appeared as though I and the rest of the board were being asked to clean up after the revolution. He and I both found his comment amusing, since …
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Antitrust: Will It Change The Lives Of Telecommunications Executives?, Deborah V. Ellenberg, Glen O. Robinson, Michael F. Urbanski, James R. Wade
Richmond Journal of Law & Technology
Good afternoon. This is the last panel of the afternoon. I would like to introduce myself. I'm Deborah Ellenberg, one of the hearing examiners at the State Corporation Commission, and I might add, who has a heightened appreciation for the Virginia Commission's wise decision to handle those arbitrations. I am sure on behalf of Howard, Glenn and myself, we thank you for that decision.
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
State Criminal Laws In Cyberspace: Reconciling Freedom For Users With Effective Law Enforcement, Sean M. Thornton
Richmond Journal of Law & Technology
With the proliferation of online activities in recent years, legal thinkers and the criminal justice system have faced new questions concerning the conflict of state criminal laws. These new questions have old answers; the doctrine of constructive presence has established a state's authority to prescribe an out-of-state activity that has in-state effects. Beyond the mechanical application of jurisdictional rules, however, there lie deeper policy questions concerning the fairness of subjecting computer users to multiple, inconsistent bodies of law. Cyberspace exists in all jurisdictions, and in no particular jurisdiction, at once. There is an apparent tension between the free flow of …
Keynote Address: Social Justice Week 1997, Peter Edelman
Keynote Address: Social Justice Week 1997, Peter Edelman
Richmond Public Interest Law Review
I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Welfare Reform And Unitended Consequences: Its Impact On A Local Child Protection Program, Larry Nackerud, Nicole Deets, Curtis Kleem, Alicia Isaac
Richmond Public Interest Law Review
On August 22, 1996, President Clinton signed into law the Personal Responsibility and Work Opportunity Reconciliation Act. The Act represents a fundamental shift in the relationship between the federal government, the fifty states, and persons living in poverty. A shift of this magnitude cannot be analyzed properly without considering the significant impact of unintended consequences that may result from the new policy. Often, unintended consequences occur when two different policies, in this case, public welfare and child protective services, collide. One such possible unintended consequence of this policy shift may be to reduce the effectiveness of a successful child protection …
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Richmond Public Interest Law Review
In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Richmond Public Interest Law Review
The welfare reform legislation signed into law last year repeals the entitlement to welfare and imposes strict time limits on the receipt of benefits. Although federal work requirements have been in effect for nearly thirty years, the new law requires the states to meet more stringent work participation levels and makes the work requirements applicable to mothers with younger children.The shift in the welfare paradigm toward mandatory wage work for mothers with young children has not been accompanied, however, by a corresponding policy shift toward universal or affordable child care.
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Richmond Journal of Law and the Public Interest
State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.
Welfare Reform: An Historical Overview, Richard K. Caputo
Welfare Reform: An Historical Overview, Richard K. Caputo
Richmond Journal of Law and the Public Interest
This essay provides an historical overview of welfare reform efforts prior to enactment of The Personal Responsibility and Work Opportunity Reconciliation Act of 1996 by the 104th Congress. The author argues that the 1996 Act reaffirmed the labor market as the major arbiter of economic well-being of American citizens. In so doing, passage of the Act signified the formal end of income maintenance for able-bodied parents and released the federal government from assuming major responsibility for reducing poverty per se.
Keynote Address: Social Justice Week 1997, Peter Edelman
Keynote Address: Social Justice Week 1997, Peter Edelman
Richmond Journal of Law and the Public Interest
I am pleased to be here not just to talk about the question of what happens to poor people under the new welfare legislation, but also because you have asked me to speak as part of your Social Justice Week. It is very important that you have Social Justice Week and that so many people are so interested in participating. As I will say in more detail later, it is urgent that we get beyond the debate over welfare at the same time as we pay careful attention to the implementation of the new welfare legislation. Our real effort has …
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Welfare Reform, Work-Related Child Care, And Tax Policy: The "Family Values" Double Standard, Mary L. Heen
Richmond Journal of Law and the Public Interest
The welfare reform legislation signed into law last year repeals the entitlement to welfare and imposes strict time limits on the receipt of benefits. Although federal work requirements have been in effect for nearly thirty years, the new law requires the states to meet more stringent work participation levels and makes the work requirements applicable to mothers with younger children.The shift in the welfare paradigm toward mandatory wage work for mothers with young children has not been accompanied, however, by a corresponding policy shift toward universal or affordable child care.
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
The Personal Responsibility And Work Opportunity Act Of 1996: Poison Pills For Legal Immigrants, Meredith Barton, Deborah M. Chandler
Richmond Journal of Law and the Public Interest
Former president Ronald Reagan's vision of America as this shining city ended Thursday, August 23, 1996, when President Bill Clinton signed his name to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA, considered the most farreaching welfare reform package in history. Although the Congressional Budget Office (CBO) estimates that the federal government will save over $57 billion between fiscal year 1997 and fiscal year 2002, this welfare reform package profoundly impacts immigrants, particularly legal immigrants. Overall 44% of federal savings (approximately $23.8 billion) stems from denying public assistance benefits to legal immigrants. This new welfare legislation directly …
The Earned Income Tax Credit And Welfare Reform, James Williams
The Earned Income Tax Credit And Welfare Reform, James Williams
Richmond Journal of Law and the Public Interest
The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …
Reinventing Human Services In America, David Stoesz
Reinventing Human Services In America, David Stoesz
Richmond Journal of Law and the Public Interest
Passage of the Personal Responsibility and Work Opportunity Act (PRWOA) of 1996 presents an opportunity to reinvent human services in America. For more than a decade, the welfare bureaucracy and public assistance programs of state welfare have been in crisis. The clients who depend on welfare detest it, finding and keeping qualified professionals to work in the public social services has become an administrative headache, and taxpayers perceive welfare as a fiscal black hole that perpetuates immorality. The recent decision to "devolve" welfare in a block grant to states underscores the urgency to rethink public assistance to poor families. There …
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Richmond Journal of Law and the Public Interest
In August 1996, President Clinton signed the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), landmark welfare-reform legislation that curtails benefits and shifts the responsibility for distributing welfare benefits from the federal government to the states. The new law reflects the public's dissatisfaction with the federal administration of welfare entitlements and, indeed, with the very idea of welfare entitlements. PRWORA embodies the concept of devolution: Temporary Assistance to Needy Families and child care block grants replace Aid to Families with Dependent Children (AFDC) entitlements and a host of other aid programs. Under the law, "[e]xcept as expressly provided …
Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell
Online Law: The Spa's Legal Guide To Doing Business On The Internet, Thomas J. Smedinghoff, Tom W. Bell
Richmond Journal of Law & Technology
Attorneys and academics have of late benefitted from a surge in the number of texts discussing the emerging law of the Internet. Online Law: The SPA's Legal Guide To Doing Business On The Internet, edited by Thomas J. Smedinghoff and published by the Software Publishers Association, represents a particularly welcome contribution. It achieves its limited goals about as well as any paper-bound book could--and does so at a nicely limited price.
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
The Communications Decency Act: Aborting The First Amendment?, Sheryl L. Herndon L. Herndon
Richmond Journal of Law & Technology
On February 8, 1996, President Clinton signed the Telecommunications Act of 1996 into law and explained that the legislation would "stimulate investment, promote competition, [and] provide open access for all citizens to the Information Superhighway." However, contrary to the goal of "opening wide the door to the Information Age," provisions of the Act violate the Constitution's First Amendment guarantee of freedom of speech by imposing far-reaching new federal criminal liabilities on Americans who exercise their free speech rights on the Internet. In particular, a little-noticed provision of the Act, which expands an 1873 law banning abortion-related speech by criminalizing Internet …
Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins
Procd, Inc. V. Zeidenberg: Enforceability Of Shrinkwrap Licenses Under The Copyright Act, Jennifer L. Hawkins
Richmond Journal of Law & Technology
"I didn't read all of the shrink-wrap license agreement on my new software until after I opened it. Apparently I agreed to spend the rest of my life as a towel boy in Bill Gates' new mansion."
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Free Speech & The Internet: The Inevitable Move Toward Government Regulation, James J. Black
Richmond Journal of Law & Technology
The explosive growth in the number of people communicating from computers around the world via the Internet ("Net") has led to the proliferation of another type of speech, namely, scholarly articles on virtually every aspect of the Net and its many influences on life in America. One topic that has received a great deal of attention is the extent to which laws applicable within the geographical territory of the United States may be applied to the freewheeling world of Cyberspace, which knows virtually no geographical limitations. Many commentators in the United States have followed one of two streams of argument: …
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Richmond Public Interest Law Review
State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.
The Earned Income Tax Credit And Welfare Reform, James Williams
The Earned Income Tax Credit And Welfare Reform, James Williams
Richmond Public Interest Law Review
The focus of this paper is the EITC and its important role in welfare reform. The current welfare system has been criticized on the grounds that it does not promote and encourage work. Critics also claim that welfare welfare is ineffective in reducing poverty, especially among children. The EITC addresses several of these complaints. First, the EITC "[i]s strongly pro-work. Only working families qualify for it. In addition, unlike welfare benefits, EITC payments rise rather than fall with earnings across that critical low-income range where we want to encourage work effort." Proponents of the EITC, such as Senator Bill Bradley …
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Rethinking Welfare In The Age Of Devolution, David Tuerck Ph.D., William F. O'Brien Jr., Ph.D.
Richmond Public Interest Law Review
In August 1996, President Clinton signed the "Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (PRWORA), landmark welfare-reform legislation that curtails benefits and shifts the responsibility for distributing welfare benefits from the federal government to the states. The new law reflects the public's dissatisfaction with the federal administration of welfare entitlements and, indeed, with the very idea of welfare entitlements. PRWORA embodies the concept of devolution: Temporary Assistance to Needy Families and child care block grants replace Aid to Families with Dependent Children (AFDC) entitlements and a host of other aid programs. Under the law, "[e]xcept as expressly provided …
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Copyright On The Www: Linking And Liability, Edward A. Cavazos, Coe F. Miles
Richmond Journal of Law & Technology
The World Wide Web (WWW) is so often used as a way of interacting with the Internet that many people mistakenly confuse the two, referring to the Internet as the "Web" and vice versa. Of course, the Internet and its native applications predate the development of the WWW protocols by decades. Still, given the overwhelming amount of available Internet bandwidth now devoted to the transmission of web pages, there is no doubt that the WWW is the interface of choice for most users of the world's most pervasive computer network. The WWW is not the Internet, but there can be …
The Supreme Court's Rejection Of Government Indemnification To Agent Orange Manufacturers In Hercules, Inc. V. United States: Distinguishing The Forest From The Trees?, Kacey Reed
University of Richmond Law Review
In recent years, the Supreme Court clarified the scope of immunity afforded to contractors for damages resulting from the performance of a government contract. However, the extent of the government's responsibility to indemnify third party claims resulting from a government contract has remained relatively obscure. Without clear direction, courts rejected government indemnification, relying upon a variety of detailed points of contract law which often concealed larger issues. In an appellate court dissent, Judge Plager criticized this result, warning that "undue attention to trees . . . often hides the forest."' Recently, in Hercules, Inc. v. United States, the Supreme Court …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb
The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb
University of Richmond Law Review
Diane, a director and public relations executive of a corporation called Discount Department Stores Inc., ("DDS"), which owns fifteen department stores, was having lunch in a restaurant located next to the DDS headquarters building. She was approached by Alice, a real estate agent, who had met Diane sometime ago at a soccer game involving their children. Alice asked Diane if she could join her for lunch, indicating that she had a business matter she wished to discuss. Alice told Diane that she was the selling agent for the owner of a large piece of real estate with an asking price …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
University of Richmond Law Review
Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
University of Richmond Law Review
The General Assembly did not take any action regarding the Family Court issue in 1997. In 1996, funding for the family court was delayed until June 1, 1998, subject to state funds being "sufficient to provide adequate resources ... for the court to carry out the purposes of [Virginia Code section 20-96] and to fulfill its mission to serve children and families of the Commonwealth."
Foreword, Churchill G. Bowles
Foreword, Churchill G. Bowles
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the fifth 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 1997 Allen Chair Symposium conducted by the University of Richmond School of Law. The symposium is held each Spring to create a forum for discourse on legal issues of national and international interest.