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2016

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University of Richmond

Law Student Publications

Articles 1 - 21 of 21

Full-Text Articles in Law

Criminal Law And Procedure, Aaron J. Campbell Nov 2016

Criminal Law And Procedure, Aaron J. Campbell

Law Student Publications

This article surveys recent decisions of Virginia appellate courts in the field of criminal law and procedure. The article also outlines some of the most significant changes to criminal law and procedure enacted by the 2016 Virginia General Assembly.

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The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, James M. Giudice, J. Westwood Smithers Iii Nov 2016

The Will To Prevail: Inside The Legal Battle To Save Sweet Briar, James M. Giudice, J. Westwood Smithers Iii

Law Student Publications

Despite the school‘s storied past and deep historical roots, on March 3, 2015, the Sweet Briar Board of Directors announced its intention to shut down the college—permanently—the following summer. The Board cited "insurmountable financial challenges," including falling enrollment, a lack of unrestricted funds in its endowment, and the century-old school‘s lack of appeal to modern generations of students. The Board claimed the school was no longer financially viable, because though its $84 million endowment was sizeable by most measures, the school needed an endowment three times that size to stay open. Students, faculty, staff, and alumnae were blindsided by the …

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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

Law Student Publications

This essay attempts to resolve the current disconnect in the state judiciary‘s application of section 65.2-805(A) by analyzing the language of the statute as well as the various policy implications that undergird its establishment and accompany each interpretation. Part I provides a brief background of workers‘ compensation law generally, the Virginia Workers‘ Compensation Act (including section 65.2-805(A)), and the relevant case law involving section 65.2-805(A). Part II proceeds with the essay‘s argument, i.e., that section 65.2-805(A) should not be interpreted as imposing strict liability on non-compliant employers and thereby eliminating the obligation for a plaintiff-employee to plead a prima facie …

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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

Law Student Publications

This comment discusses the background and development of filial responsibility laws in England, the United States, and Virginia in Part I. Part II explains the purpose behind implementation of such laws while Part III discusses the problems enforcing the filial responsibility law may cause. Lastly, Part IV explains why past reasons for keeping the law are no longer valid.

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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

Law Student Publications

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.

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Civil Practice And Procedure, Christopher S. Dadak Nov 2016

Civil Practice And Procedure, Christopher S. Dadak

Law Student Publications

Continuing in the rich vein of prior Annual Surveys, 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.

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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

Law Student Publications

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 undue judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc. …

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

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

Law Student Publications

With the introduction of the Online Edition, the University Richmond Law Review will join in the growing trend of publishing online legal scholarship. Access to formation has always been imperative to sound legal practice, and with the launch of the Online Edition, we hope to add to the wealth of scholarship that the University of Richmond Law Review view has become known for.

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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

Law Student Publications

This comment's purpose is to explore whether the principles announced in Kirtsaeng should apply to the patent exhaustion doctrine. Part I begins by examining the history of patent exhaustion jurisprudence. It also introduces the competing theories international exhaustion and territorial exhaustion. Part II analyzes the effect of the recent Supreme Court decision in Kirtsaeng on the exhaustion doctrine in copyright. Part III contends that exhaustion doctrine polices the same practical problems in copyright as it does in patent law. Finally, the conclusion argues for an extension of the Kirtsaeng holding to the patent exhaustion doctrine.

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3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden Mar 2016

3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden

Law Student Publications

Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ultimately make good …

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Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Mar 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.

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From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley Mar 2016

From Mainstreaming To Marginalization? Idea's De Facto Segregation Consequences And Prospects For Restoring Equity In Special Education, Kerrigan O'Malley

Law Student Publications

As a basic construct for recommending measures to correct the prevailing inequities in special education, this comment examines the de facto segregation impact IDEA stemming from the Supreme Court's interpretive rulings and from the Act's own enforcement norms. The analysis further identifies the equality compromising consequences of specific IDEA provisions and considers prospects for restoring equity to special needs service delivery in these areas, with a particular focus on tuition reimbursement for private school. Respecting the historical alignment of the law of race discrimination in education and the law of disability education rights, the analysis identifies inequities that prevail at …

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“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell Mar 2016

“One Of The Worst:” The School-To-Prison Pipeline In Richmond, Virginia, Cassie Powell

Law Student Publications

Virginia tops the nation in the rate of referrals of students to law enforcement, at three times the national average. Students with disabilities and children of color are far more likely to be referred. Some Richmond area school districts and local government leaders are taking steps to counteract this trend.

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Humane Proposals For Swift And Painless Death, Bryce Buchmann Mar 2016

Humane Proposals For Swift And Painless Death, Bryce Buchmann

Law Student Publications

This comment will provide reasons why lethal injection is not the appropriate method of execution in the United States, discuss factors that should be considered in selecting a method of execution and conclude that several alternative methods of punishment are preferable to lethal injection. Part I of this comment will detail the history of lethal injection in the United States and the issues associated with the practice. Part II examines how the government determines which method of execution is appropriate. Finally, Part III provides proposals for more humane punishment and concludes the comment.

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Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe Jan 2016

Rheumatoid Arthritis: Painful Motion Is Limited Motion, Tyler Crowe

Law Student Publications

Reporting on Petitti v. McDonald, No. 13-3469, ____ Vet. App. ____ (October 28, 2015): The Court was asked to clarify what constitutes "painful motion" and what evidence the Board of Veterans’ Appeals must consider when making this determination.

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A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito Jan 2016

A Red Card For Fifa: Corruption And Scandal In The World’S Foremost Sports Association, Chance Esposito

Law Student Publications

On a global scale, soccer (or as it is commonly called in most other countries “football”) is the most popular sport based on its numbers alone with over 250 million players. In recent years, the sport has become increasingly popular in nations or territories such as the United States. As a result of this increased interest, the sport and its governing organization, The Federation Internationale de Football Association (“FIFA”), has been thrown into the global media arena in the past two decades. Recently unearthed information, however, has put the actions of the organization at the center of controversy for alleged …

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An App For Third Party Beneficiaries, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag Jan 2016

An App For Third Party Beneficiaries, Alexandra W. Cook, J. Kyle Lowder, Michelle Sonntag

Law Student Publications

Every year, more than 100 reported court opinions consider the question of whether an outsider can sue for damages under a contract made by others-in part because the law is so ambiguous. While contract enforcement by a third party is controlled largely by the facts of the particular case, it also materially depends upon the relevant legal standards. At present, not just the standards, but also the reasons for these standards, are unclear. Eighty years ago, Lon Fuller, a professor teaching contracts at a then-Southern law school, and William Perdue, a student at that school, significantly clarified and improved decision …

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"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch Jan 2016

"During War, The Law Is Silent," Or Is It?: Examining The Legal Status Of Guantanamo Bay, Kate Frisch

Law Student Publications

The use of Guantanamo Bay as an extraterritorial detention center intended to house what the United States deems as "unlawful enemy combatants" has been problematic for several reasons. First, the United States government has argued that Guantanamo exists outside of its immediate territorial sovereignty, and therefore the detainees do not have to be afforded any significant procedural and substantive legal protections under the Constitution. Second, it is unclear how and to what extent United States activities in Guantanamo Bay conform to international human rights standards. Significantly, it has been questioned whether or to what extent public international and human rights …

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Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen Jan 2016

Charting The Course: Charter School Exploration In Virginia, Katherine E. Lehnen

Law Student Publications

This comment reviews the background and status of the charter school movement in Part I and addresses legal challenges charters face in Part II. Part III provides an overview of Virginia's charter school law, and Part IV analyzes how the legislature can improve that law to foster charter school exploration in the Commonwealth.

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Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli Jan 2016

Compensating The Wrongfully Convicted: A Proposal To Make Victims Of Wrongful Incarceration Whole Again, Alanna Trivelli

Law Student Publications

Part I of this comment presents a brief overview of the current state compensation systems for those who are wrongly imprisoned, including model legislation proposed by the Innocence Project and the current shortcomings of compensation statutes across the United States. Part II discusses the principles behind compensatory damages in tort law, and the foundation and reasoning for making a victim whole again. Varying forms of relief are also discussed. Part III applies these principles of tort law to the arena of wrongful convictions to show states have a responsibility to make victims of wrongful convictions whole again. Potential problems arising …

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Calling An End To Culling: Predictive Coding And The New Federal Rules Of Civil Procedure, Stephanie Serhan Jan 2016

Calling An End To Culling: Predictive Coding And The New Federal Rules Of Civil Procedure, Stephanie Serhan

Law Student Publications

This paper examines the impact of the most recent amendments to the Federal Rules of Civil Procedure on the current split between courts about whether predictive coding should be applied at the outset or to a set of keyword-culled documents. Since the new Rules explicitly implement the concept of proportionality and a new set of standards in Rule 26, I argue that applying predictive coding at the outset is more compliant with the Federal Rules of Civil Procedure. Part II will explain the difference in timing between applying predictive coding after keyword culling or prior to it, and discuss the …

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