Law Commons^™

Museletter: November/December 2001, Gail F. Zwirner

Museletter

This Issue:

Law School Dedicates Robert R. Merhige, Jr. Special Collections & Rare Books Room

Reference Source of the Month: Virginia Lawyer and Virginia Lawyer Register by Gail Zwirner

At the Movies: Tortilla Soup by Gail Zwirner

Meet the Library Staff: Amanda Surovy & Kathy Sagan-Salandro

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.

Museletter: October 2001, Gail F. Zwirner

Museletter

This Issue:

Happy 300,000! by John R. Barden

There's Still Time for Technology Tidbits Brownbags

Reference Source of the Month: The Selden Society Publications by John R. Barden.

September is Virus Awareness Month: What Are Worms? How do I get them? by Kim Wiseman

Law at the Movies: The Glass House by Gail Zwirner

Richmond Law Magazine: Fall 2001

Richmond Law Magazine

Features:

Bench Marks

"He Really Taught Advocacy"

Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner

Law Faculty Publications

A Supreme Court ruling in a case brought by an assisted-living home doesn't offer much assistance to civil rights lawyers. The ruling in Buckhannon Board & Care Home v. West Virginia will frustrate plaintiffs' efforts to recover attorney fees in litigation to vindicate important societal values such as the prevention of discrimination. But it shouldn't come as a big surprise. Buckhannon is only the most recent of numerous High Court decisions since the 1980s that can complicate attempts by plaintiffs lawyers to secure attorney's fees.

Museletter: September 2001, Gail F. Zwirner

Museletter

This Issue:

Banned Books Week - September 22-29, 2001: Celebrate Your Freedom to Read by Timothy L. Coggins

Reference Source for the Month: Continuing Legal Education Sources, Virginia Law Foundation and Practising Law Institute by Gail Zwirner

Computer Services Offers Technology Tidbits Brown Bag Lunches by Kim Wiseman

What's Behind the Curtain? by John Barden

Museletter: August 2001, Gail F. Zwirner

Museletter

This Issue:

Welcome New and Returning Students

From Aphrodite to Quarks: Applying for Judicial Clerkships

New Library System - New Fine Structure

Library Policy Reminder

Recent Faculty Publications

One-L Online Legal Research and Bluebook Training (Required)

Museletter: Summer 2001, Gail F. Zwirner

Museletter

Table of Contents:

"Free"dom of the Press: Web News Source to Charge for Service

Website of the Month: BestJobsUSA.com

University Unveils New Library System

Summer in Richmond: Go Fish!

Library Hours

Meet the Library's Public Service Staff

The True Constitutionalist, Raoul Berger, 1901-2000: His Life And His Contribution To American Law And Politics, Gary L. Mcdowell

Jepson School of Leadership Studies articles, book chapters and other publications

When Raoul Berger turned ninety a little over a decade ago, he was presented with a book of letters from friends and admisrers. Those sending their good wishes were among America's most distinguished jurists, public officials and scholars, including Chief Justice William H. Rehnquist, former Attorney General Edwin Meese III and Professor Philip B. Kurland. The collection was introduced by a letter from former President Ronald Reagan.

Lawyer Advertising In The Electronic Age, Ronald D. Rotunda, Louise L. Hill, Tom Spahn, Ted Allen, William Spruill

University of Richmond Law Review Symposium

The April 5, 2001 symposium consisted of an informal roundtable discussion for the presenters from 2:30-4:30 p.m., followed by a public evening program, from 6:00-8:30 p.m., which featured a role-playing portrayal of a mock disciplinary proceeding about a dispute over lawyer advertising.

Participants in the roundtable discussion were: Ronald D. Rotunda, the Albert E. Jenner, Jr. Professor of Law at the University of Illinois College of Law; Louise L. Hill, Professor of Law at the Widener University School of Law; and William Hornsby, Legal Counsel to the American Bar Association, Commission on Responsibility in Client Development.

The Moot Court program …

Museletter: April/May 2001, Gail F. Zwirner

Museletter

Table of Contents:

Cut the Cord!: UR Implements Wireless Technology by James Wirrell, Alison Merner, and Kim Wiseman

Did you Have a Happy National Library Week? by Joyce Manna Janto

10 Tips for Summer Associate Research Survival: A View from a Former Law Firm Librarian (Repeated by request, previously published in April 2000 Museletter) by Gail F. Zwirner

Carrel Information by Deborah Barlett

Library Hours

Richmond Law Magazine: Spring 2001

Richmond Law Magazine

Features:

Bringing Current Issues into the Classroom

Pilgrimage of Gratitude

Student Again

An Introduction To The Mission And Methodology Of Academic Support, Emmeline Paulette Reeves

Law Faculty Publications

Academic Support Programs (ASPs) "are an extremely hot issue" in legal education. Earlier this semester, the Law School Admission Council (LSAC) announced that it would fund annual academic support conferences for the next six years, and last fall, the LSAC published an updated handbook on ASPs. The Association of American Law Schools established a permanent section on academic support in 1998. A recent survey of 151 ABA-accredited law schools revealed that 13 7, or 90.7% of the schools surveyed, have an academic support program in one form or another. Within the past year, three Virginia Law schools-the University of Richmond …

Museletter: March 2001, Gail F. Zwirner

Museletter

Table of Contents:

Bridge the Gap Between Law School and Employment

Spring Carrel Swap to Be Held April 10-12

March is Women's History Month

It's March Madness Time: Website of the Month: www.finalfour.net

Westlaw and Lexis Updates: New Database Additions and Technical Enhancements Improve Acess

WAIT! Is your computer and printer ready for EXAMS??? by Kim Wiseman

Library Hours

Museletter: February 2001, Gail F. Zwirner

Museletter

Table of Contents:

University Will Implement New Integrated Library System by Summer

Recent Library Thefts Prompt Reenforced Security Measures by Deborah Barlett

At the Movies: Finding Forrester, Antitrust, and Traffic by Gail Zwirner

Gesundheit!: Colds and Flu Can Interfere with Law School Work Flow

Stay Away from "Anna" and the Likes of Her by Kim Wiseman

Library Hours

Clinton's Legacy On Indigenous Issues, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The president, of course, has not express constitutional responsibility for Indian nations—that is a power reserved to the Congress under the commerce clause. Nevertheless, it is to the president, dating back to George Washington, who had an active hand in Indian affairs through the treaty process, that tribal nations and their leaders have most often looked to gauge the federal government's character and commitment to fulfill the nation's historic treaty and ongoing trust obligations to indigenous people.

An Overview Of The Virginia Ucita, Carlyle C. Ring Jr.

Richmond Journal of Law & Technology

Virginia has taken a strong and important leadership in establishing rules for the Information Highway through the Joint Committee on Technology and Science (JCOTS) and Delegate Joe T. May. Without the Uniform Computer Information Transactions Act (UCITA) no established rules exist in common law for the Information Highway, which means that each judge must create the rules in each case as it arises. Every judge will make his own rules for the particular case. This results in great inconsistency and uncertainty adversely affecting the realization of the full potential of the Information Age economy. Governor Gilmore states: In 2000, Virginia …

Remarks On Technology Growth In Virginia: How Ucita Will Help, Terry Riley

Richmond Journal of Law & Technology

I'm Terry Riley from the Hampton Roads Technology Council, and technology councils represent business. But predominantly we represent small business, and predominantly we represent users of software, not developers and sellers of software. In the case of my own technology council down [in the] southeastern part of the state, 85 percent of our members have 25 or fewer employees. Less than 5 percent of our members are developers, sellers, or licensors of software. So to a very substantial extent my views and my representations of the interests of my membership have to do with their concerns or their rights as …

State Cybercrime Legislation In The United States Of America: A Survey, Susan W. Brenner

Richmond Journal of Law & Technology

In the United States, cybercrimes are the focus of legislation adopted at both the state and federal levels. The U.S. Constitution allocates lawmaking authority between the two levels according to certain principles, one of which is that even when federal jurisdiction to legislate exists, federal legislation is appropriate only when federal intervention is required. And while federal legislative authority can pre-empt the states' ability to legislate in a given area, it rarely does, so it is not unusual for federal criminal laws to overlap with state prohibitions that address essentially the same issues.

United States V. Keystone Sanitation Company: E-Mail And The Attorney-Client Privilege, Karen M. Coon

Richmond Journal of Law & Technology

The rapid growth and sophistication of technology have changed the way people communicate. E-mail and the Internet have begun to affect the way attorneys communicate with their clients. E-mail is fast and convenient, but it is not without risks. The risk of illegal interception and the risk of inadvertent disclosure are serious issues that attorneys need to be aware of and try to prevent so that the attorney-client privilege is protected as much as possible. Although communicating with a client by e-mail may be risky, the risks posed by e-mail are no different from those posed by communicating by postal …

Separating Church And State: Roger Williams And Religious Liberty, Kurt T. Lash

Law Faculty Publications

Roger Williams was a religious bigot. He never met a church pure enough for his brand of Puritanism, and he never found a congregation worthy enough to have him as its pastor. After alienating every potential ally and provoking every critic, Williams was forced to flee to the wilds of Narragansett Bay in present-day Rhode Island. There, he preached to his remaining congregation- his family- and supported laws prohibiting men from wearing long hair.

In Timothy Hall's illuminating book, the reader is confronted with a flesh and blood Roger Williams who is rather different from the modern myth. Although Williams …

The Ali Principles: A Farewell To Fault--But What Remedy For The Egregious Marital Misconduct Of An Abusive Spouse, Peter N. Swisher

Law Faculty Publications

The fundamental premise of this commentary is that the ALl has erred in not including appropriate nonfinancial fault-based factors in the Principles for three major reasons: 1) other no-fault laws, including no-fault automobile insurance law, no-fault workers compensation law, and strict liability in tort law, have all incorporated a number of fault-based exceptions to their general no-fault framework for serious or egregious conduct, and American divorce law should likewise have a similar fault-based exception for serious or egregious marital misconduct; 2) a substantial number of states continue to recognize and utilize a number of fault-based statutory factors in divorce for …

Adr At The Environmental Protection Agency, Joel B. Eisen

Law Faculty Publications

This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental problems. …

Charles Alan Wright And The Fragmentation Of Federal Practice And Procedure, Carl W. Tobias

Law Faculty Publications

Memorial tribute to Professor Charles Alan Wright.

Divisional Arrangement For The Federal Appeals Courts, Carl W. Tobias

Law Faculty Publications

The 106th Congress seriously considered proposed legislation that could profoundly affect the federal appellate courts, and the 107th Congress may well do so. The Commission on Structural Alternatives for the Federal Courts of Appeals, which performed a rather comprehensive, albeit incomplete, study of the tribunals, recommended this bill as the centerpiece of its report for Congress. The commissioners prescribed regionally-based adjudicative divisions for the United States Court of Appeals for the Ninth Circuit and for the remaining appellate courts when the courts increase in size, even as the commission decisively rejected the possibility of splitting the Ninth Circuit into multiple …

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett

Richmond Public Interest Law Review

The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …

Petitions For Life: Executive Clemency In Missouri Death Penalty Cases, Cathleen Burnett

Richmond Journal of Law and the Public Interest

The thesis of this article is that low reversal rates mean serious errors are not being detected and corrected. The research will focus on Missouri, which has very low reversal rates of 15% in federal court and 20% in state court. The data to address this question comes from the clemency petitions submitted to the governor as the last step in the process of executing the death penalty. These petitions illustrate the range and magnitude of the claims of legal problems in one state. The clemency petitions provide the most complete and full statement of the condemned's case, because these …

The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie

Richmond Journal of Law and the Public Interest

This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.

Public Executions In America Should Death Row Inmates Be Able To Choose Between Private And Public Death, Nicholas Compton

Richmond Journal of Law and the Public Interest

On June 13, 1997, Timothy McVeigh was sentenced to death for the bombing of the Alfred P. Murrah Federal Building in Oklahoma City on April 19,1995. The bombing resulted in the deaths of 168 people and the wounding of over 500 more. McVeigh successfully petitioned U.S. District Court Judge Richard Matsch to put an end to his appeals and expedite his execution. At midnight on February 16, 2001 McVeigh let pass his deadline to petition President George W. Bush for clemency. He is scheduled to die by lethal injection on May 16, 2001 at the federal penitentiary in Terre Haute, …

Through The Looking Glass Of Teaching: The Death Penalty And The Political Culture Of Detached Passions, Adelaide H. Villmoare

Richmond Journal of Law and the Public Interest

Today, despite daily struggles in courtrooms against capital punishment, there appears little legal room to challenge the death penalty. Most constitutional questions appear "settled. Given the present composition of the Supreme Court, there is scant expectation of any major reversals. Also, the Court's future is to be decided by a President who was governor of a state that has executed more people since 1976 than any other state in the nation. While abolitionist scholars and activists continue to raise constitutional issues, the most dramatic events challenging the death penalty have occurred in the larger political arena outside the courtroom. The …