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Articles 31 - 60 of 145
Full-Text Articles in Law
Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho
Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho
University of Richmond Law Review
No abstract provided.
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral
University of Richmond Law Review
No abstract provided.
Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich
Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich
University of Richmond Law Review
No abstract provided.
Issue 4: Symposium Table Of Contents
Issue 4: Symposium Table Of Contents
University of Richmond Law Review
No abstract provided.
Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.
Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.
University of Richmond Law Review
Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.
Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas
Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas
University of Richmond Law Review
No abstract provided.
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo
University of Richmond Law Review
This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …
Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman
Born In The U.S.A.? Rethinking Birthright Citizenship In The Wake Of 9/11, John C. Eastman
University of Richmond Law Review
No abstract provided.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Bridget Murray
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Bridget Murray
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present the second issue of the 2008–2009 academic school year. Our authors analyze a variety of controversial legal topics that are at the forefront of debates regarding the intersection of technology and law.
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Introduction: Contains Cover, Table Of Contents, Letter From The Editor, And Masthead, Eileen R. Geller
Richmond Journal of Law & Technology
The Richmond Journal of Law and Technology is proud to present its final issue of the 2007–2008 academic school year. Our authors tackle a number of emerging issues in ways we think you’ll find especially interesting.
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Richmond Public Interest Law Review
If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …
Checking Up With Barf:Evaluating The Effectiveness, Challenges And Shortcomings Of Thebankruptcy Abuse Prevention And Consumer Protection Act Of 2005., Robert Slimak
Richmond Journal of Law and the Public Interest
Following this introduction, Part II evaluates the effectiveness of the BAPCPA by measuring bankruptcy filing rates pre- and post-enactment and examines the losses disclosed by some of the largest credit lenders who lobbied for the bill. Part III discusses the legal challenges to BAPCPA that have already appeared in federal court. Part IV explains some of the more heavily-criticized shortcomings of the BAPCPA. This comment concludes with a brief discussion of the root causes of bankruptcy that remain unaffected by the passage of the BAPCPA.
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Why All The King's Horses And All The King's Men Couldn't Putsovereign Immunity Back Together Again:An Analysis Of The Test Created In James V. Jane, Colleen F. Shepherd
Richmond Journal of Law and the Public Interest
In creating the test to determine whether government employees in the Commonwealth of Virginia are entitled to the benefit of sovereign tort immunity, the Supreme Court of Virginia stated, "[a] dmittedly, no single all-inclusive rule can be enunciated or applied in determining entitlement to sovereign immunity." The court, however, managed to formulate a four-part test to be consistently applied to each situation requiring a determination of whether sovereign immunity should be granted to a state employee. This article will examine the discretion prong of the four-part test created by the court in James v. Jane and the reasons why the …
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Rumsfeld V. Forum For Academic And Institutional Rights, Inc.:By Allowing Military Recruiters On Campus, Are Law Schoolsadvocating "Don't Ask, Don't Tell"?, Braxton Williams
Richmond Journal of Law and the Public Interest
The freedom of speech protected by the First Amendment encompasses more than mere spoken words; it also protects conduct that has an expressive quality, such as flag burning.' In the important case of United States v. O'Brien, the United States Supreme Court appeared to narrow these sorts of protections in cases where there is a sufficient government interest in prosecuting actions, such as burning draft cards, and when such acts are noncommunicative. After the Supreme Court's recent holding in Rumsfeld v. Forum for Academic and Institutional Rights, Inc., the O'Brien holding's limitation on First Amendment protection for expressive conduct appears …
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Is Race In Public Schools Still Compelling?Parents Involved In Community Schools V.Seattle School District No. 1justice Breyer's Theory Of Active Liberty, Andpractical Considerations Of Democracy, Andrea Kayne Kaufman
Richmond Journal of Law and the Public Interest
This article explores why the promise of ending our dual society, as first articulated in Brown v. Board of Education, has not been fulfilled. Specifically this article examines a more recent case, Parents Involved in Community Schools v. Seattle School District No. 1, addressing the lost promise of Brown and the implications for our dual society.
Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers
Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers
Richmond Journal of Law and the Public Interest
On July 26, 2007, a federal court ruled it unconstitutional for city officials in Hazleton, Pennsylvania, to implement a local anti-immigrant ordinance that punished employers and landlords for doing business with undocumented immigrants. Despite this well-grounded landmark decision, local governments throughout the nation continue to develop patchwork solutions to a broken federal immigration system, endangering the health and well-being of communities and people alike. Virginia has positioned itself at the forefront of America's immigration debate. Leading up to the 2008 General Assembly session, localities throughout the state developed public statements on immigration, reaffirmed English as the official language, and considered …
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Who You Gonna Call - Virginia's Multi-Year Effort To Create A Children's Ombudsman Office, Melissa Goemann
Richmond Journal of Law and the Public Interest
If your home was overrun with spirits in the movie Ghostbusters, it was easy to know who to call-Ghostbusters! But for a child or parent to navigate through the maze of Virginia bureaucracies to figure out whom to call when questions or concerns arise about a child in state care can be difficult, if not impossible. A desire to simplify that process formed the impetus for recent Virginia legislation to establish a children's ombudsman office. Indeed, the ombudsman legislation would elevate the ombudsman beyond the role of simply "ghostbusting," or handling each complaint in a vacuum. It would also require …
Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray
Another Day In The Life Of The Juvenile Justice System: The Fight Againt The Abolishment Of The System, Antwaneisha Gray
Richmond Journal of Law and the Public Interest
This article seeks to evaluate that family focused approach of Florida. The first part of the article examines the history and evolution of the juvenile justice system. Part III, surveys the current method of transferring youthful offenders to adult courts and the criticisms of those methods. Lastly, the article considers the reasons that individuals advocate for the abolishment of the juvenile justice system and the family focused model.
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Secondhand Smoke Deserves First-Rate Attention, Rickie Fulcher
Richmond Journal of Law and the Public Interest
Most people probably do not know that as many as 65,000 nonsmokers die from secondhand smoke exposure each year. In fact, secondhand smoke is the third leading cause of preventable death in the United States. During the 2008 session of the Virginia General Assembly, state legislators commendably introduced twelve smoke-free bills -the most in the legislature's history. While many of these efforts to protect the public health succeeded in the Senate, a House of Delegates subcommittee declined to hear many of the bills, effectively removing them from further consideration. Clearly, Virginia has a long way to go, but support for …
Really Leaving No Child Behind: How The Supreme Court's Student Speech Doctrine Compromises Modern Education Reform - And How It Can Use The In Loco Parentis Doctrine To Change It, Scott J. Street
Richmond Journal of Law and the Public Interest
tudent speech" doctrine defined by Tinker in favor of an in loco parentis standard that defers to the expertise of school officials in maintaining a safe, effective, and orderly school environment. Contrary to what its critics assume, an in loco parentis standard would not give school officials carte blanche to violate their students' rights. It would, for example, prohibit school officials from discriminating against students on the basis of viewpoint. But as long as Tinker's student speech doctrine survives, efforts to improve our schools and prepare our children for the rigors of the twenty-first century will suffer. The in loco …
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
New Era Begins: Mental Health Law Reform In Virginia, Jane D. Hickey, Allyson K. Tysinger, William C. Mims
Richmond Journal of Law and the Public Interest
Amidst calls for mental health reform and a sense of urgency stemming from the tragic events at Virginia Tech, the 2008 session of the Virginia General Assembly convened. The legislative reaction was overwhelming: Legislators introduced a vast array of bills relating to mental health. By the end of the session, the General Assembly enacted the most sweeping revisions to Virginia's mental health laws since the 1970s.
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Dui Gilt Pl8: An Evaluation Of The Proposed Shaming Sanction For Multiple Dui Offenders, Theresa M. Young
Richmond Journal of Law and the Public Interest
This comment seeks to analyze House Bill 1281 in the larger social context of shaming sanctions. It begins by tracing a brief history of offender punishment from the common use of shaming mechanisms to their disappearance and gradual resurgence. It further looks to the theoretical foundations of such alternative sanctions, as well as their potential effects on both individual conduct and social norms. Finally, it looks at the relationship between other approaches to DUI convictions and the methods proposed in Virginia.
The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt
The Price Of Privilege: Is Virginia's Ban On Mental Health Professionals' Participation In Custody Determinations Really In The Best Interests Of The Child, Mary Wilkins Hunt
Richmond Journal of Law and the Public Interest
This article examines the national treatment of mental health care professionals' participation in custody determinations and compares these practices with Virginia's ban. Furthermore, this article explores the rationale behind the ban on therapist testimony while weighing the pros and cons of allowing such evidence to be used. It then takes a closer look at the arguments for repealing the ban and the possible benefits which could result from the 2008 repeal.
Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska
Hava's Matching/Id Requirement: A Meaningless Tale Told By... Congress, Nathan Cemenska
Richmond Journal of Law and the Public Interest
This Article explores the question of whether HAVA requires matching, as well as the subsidiary question of whether HAVA mandates matching in states requiring voters to present a form of identification at the time of voting. The first question is a close one. However, on the second question, at least some courts are likely to conclude that HAVA exempts a state from having a matching program if the state requires identification from every voter at the polls. This Article makes a few modest recommendations to administrators trying to avoid the possibility of a lawsuit.
Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel
Mcconnell V. Federal Election Commission: The Problem Of Eradicating Campaign Finance Corruption, Michelle C. Gabriel
Richmond Journal of Law and the Public Interest
Immediately after the BCRA became law, its constitutionality was Supreme Court of the United States upheld all of the Act's major provisions. This Article will examine four main empirical claims the Court makes in McConnell: (1) wealthy campaign donors are able to buy greater access to politicians with campaign contributions, (2) limits on freedom to associate within party committees are necessary in order to prevent campaign finance abuses, (3) reductions in campaign funding will not inhibit political campaigns, and (4) those who purchase campaign advertisements must be identified so voters are not misled by the advertisements' messages. The first two …
Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa
Davis V. Federal Election Commission: Constitutional Right To Ensure Campaign Finance Advantage, W. Clayton Landa
Richmond Journal of Law and the Public Interest
Davis has raised numerous campaign finance issues: the precise definition of corruption in the electoral process; whether the government has an important interest in leveling the playing field of campaign finance to battle the perception that money can buy a seat in Congress; whether variations in contribution limits actually chill political speech by discouraging a candidate from self-financing; and, even if it does, whether the government interest is sufficient to allow raised limits. Part II of this note explores the history of campaign finance regulation through Congress and the courts, specifically focusing on self-financed candidates and the consideration of expenditure …
Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick
Finders Sleepers: Why Recent State Regulation Of Financial Intermediaries Should Rouse The Federal Government From Its Slumber, Jeffrey D. Chadwick
Richmond Journal of Law and the Public Interest
This comment argues that the current treatment of financial intermediaries in the capital-raising process is unresponsive to the changing landscape of the small business community. Not only does the SEC inadequately define the permissible role of a finder, recent legislation in Texas and South Dakota foreshadows the ills of a dual regulatory society. Rather than waiting for states to address the finder's dilemma on an ad hoc and inconsistent basis, the federal government should create an SEC-registered class of finders to facilitate capital formation and jumpstart a receding American economy. Part II examines the expanding role of financial intermediaries in …
Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn
Protecting Virginia's Youth: Establishing A Children's Ombudsman Office, Chelsea Dunn
Richmond Journal of Law and the Public Interest
Efforts from across Virginia to give our Commonwealth's vulnerable children a voice culminated on March 8, 2008, as legislation approving the creation of a Children's Ombudsman Office passed both houses of the Virginia legislature. Senate Bill 315, introduced by Senator John S. Edwards and co-sponsored by Senator R. Edward Houck,' passed the Senate with only one dissenting vote and received unanimous treatment in the House. House Bill 1131, introduced by Delegate William H. Fralin, Jr. and co-sponsored by Delegate Robert H. Brink, was approved unanimously in both chambers. These identical bills seek to give a voice to the 9,269 vulnerable …
Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev
Universal Corporation Business Overview: Presentation To The University Of Richmond And Questions With Preston Wigner, General Counsel, Christopher L. Rathlev
Richmond Journal of Global Law & Business
George C. Freeman, III presented a business overview of Universal Corporation at the University of Richmond on September 5, 2007. Prior to joining Universal Leaf Tobacco Company in 1997, Mr. Freeman served as a law clerk for the Honorable Richard S. Arnold, Circuit Judge, United States Court of Appeals for the Eighth Circuit, and for the Honorable Lewis F. Powell, Jr., Associate Justice of the United States Supreme Court. He also spent time as an associate with Hunton & Williams, an international law firm. Mr. Freeman was elected General Counsel and Secretary of Universal Corporation in February 2001 and Vice …
Conflicting Positions But Common Interests: An Analysis Of The United States Antidumping Policy Toward China, Qinglan Long
Conflicting Positions But Common Interests: An Analysis Of The United States Antidumping Policy Toward China, Qinglan Long
Richmond Journal of Global Law & Business
According to the Tariff Act of 1930, “dumping” is the sale of goods imported from a foreign county at less than their “fair value” on the domestic market. Thus, a good produced and sold in China for twenty dollars, but sold in the United States for only fifteen dollars, may be considered “dumped” on the U.S. market. The lower price may be explained by the exporter’s desire to gain market share or to monopolize the receiving market by selling its merchandise at a lower price. After domestic manufacturers are driven out of the market, the dumping manufacturer will recoup its …