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Articles 541 - 570 of 10521
Full-Text Articles in Law
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Health Courts: Panacea Or Palliative?, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
University of Richmond Law Review
This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.
Construction Law, K. Brett Marston, J. Barrett Lucy
Construction Law, K. Brett Marston, J. Barrett Lucy
University of Richmond Law Review
Since the last survey of this topic published in the fall of 2000, construction law in Virginia has continued to evolve in an array of areas involving issues such as claims on surety bonds, claims against public entities, construction-related products like Exterior Insulation Finishing Systems ("EIFS"), and mechanic's liens. These changes have implicated and better defined legal principles including the "no damage for delay" clause on public contracts, requirements for privity in breach of warranty claims, and implied indemnification. The significant issues in construction law have arisen both in a number of significant judicial decisions, mostly from the Supreme Court …
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
University of Richmond Law Review
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
Recognizing Victims In The Federal Rules Of Criminal Procedure: Proposed Amendments In Light Of The Crime Victims' Rights Act, Paul G. Cassell
BYU Law Review
No abstract provided.
The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore
The Presidency And The Meaning Of Citizenship·, Malinda L. Seymore
BYU Law Review
No abstract provided.
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Reflections On Judging: A Discussion Following The Release Of The Blackmun Papers, Martha Dragich Pearson, Christina E. Wells
Missouri Law Review
Justice Blackmun's papers were opened to the public on March 4, 2004, the fifth anniversary of his death. Held in the Manuscript Division of the Library of Congress, the collection includes over half a million items, many handwritten by Justice Blackmun. Anyone can read them. For legal scholars, this kind of research can only be described as exhilarating and many of the articles in this symposium draw on research from Justice Blackmun's papers. For the public, the release comes at a time when the interest in judges is particularly acute.
Politics And Judgment, Suzanna Sherry
Politics And Judgment, Suzanna Sherry
Missouri Law Review
Two hundred years after its most famous invocation in Marbury v. Madison, judicial review has apparently lost its luster. Despite its global spread, it is in disrepute in its country of origin. The mainstream American academic attitude toward judicial review as practiced by the modem Supreme Court ranges from open hostility to a position similar to Winston Churchill's on democracy: It is the worst way to implement a Constitution, except for all the rest. In this essay, I want to explain the source of the hostility, defend judicial review against its critics, and make a few suggestions for improvement.
Monastic Life Of A Federal Distric Judge, The, Colleen Mcmahon
Monastic Life Of A Federal Distric Judge, The, Colleen Mcmahon
Missouri Law Review
There is no one on earch more monk-like than a federal district judge. As a result, there is no one on earth who more surely needs to have some understanding of core monastic virtures in order to do the job well.
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Burger-Blackmun Relationship: Lessons For Collegiality From The Blackmun Papers, The, Duane Benton, Barrett J. Vahle
Missouri Law Review
The [Blackmun] Papers have extensive correspondence, diaries, and other documents illuminating the relationship between Blackmun and Burger. The general thesis presented by Woodward & Amrstrong, Lewis, Greenhouse, Totenberg, and Munford is accurate. This article examines the Papers in detail, against the backdrop of the literature on collegiality. We find a very complex relationship: in the 1950s and 1960s, Burger provided a vital Washington connection for, and political clout to, Blackmun. During those two decades, Blackmun was a key link back to Minnesota, and a solic supporter for Burger. When the two became colleagues on the Supreme Court in 1970, their …
Lifting The Veil: Justice Blackmun's Papers And The Public Perception Of The Supreme Court, Tony Mauro
Lifting The Veil: Justice Blackmun's Papers And The Public Perception Of The Supreme Court, Tony Mauro
Missouri Law Review
The starting point of any discussion of the public perception of the United States Supreme Court is the liklihood that no public perception exists. By and large, the Supreme Court operates at the very outer edges of public awareness; for years, polls have indicated that many more Americans know the names of the three Stooges than any three Supreme Court justices.
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Willful Judging Of Harry Blackmun, The, Gregory C. Sisk
Missouri Law Review
As an invited guest at a symposium in which a central place is given to examining the personal papers and judicial life of a jurist who is esteemed and even revered by many of those participating and attending, my playing of a negative note may sound discordant. Indeed, it may appear downright rude. Because my hosts assured me that the academic ideal of balanced perspectives and critical analysis animated this symposium, and that they would expect nothing less than such a countervailing viewpoint from me, I feel less churlish than otherwise I might.
Tales From The Blackmun Papers: A Fuller Appreciation Of Harry Blackmun's Judicial Legacy, Joseph F. Kobylka
Tales From The Blackmun Papers: A Fuller Appreciation Of Harry Blackmun's Judicial Legacy, Joseph F. Kobylka
Missouri Law Review
Even after he leaves the Court, a Justice remains part of the orchestra. Those who succeed him may not copy his style, but often play within the same melodic and rhythmic structures. Justice Blackmun himself, over the course of preparing his Roe and Doe opinions, eventually fell into the structures put in place in cases ranging from Union Pacific Railway Co. v. Botsford to Stanley v. Georgia. The Justices he left behind did much the same with Roe and, more significantly, Bowers. The Court's decision in Planned Parenthood of Southeastern Pennsylvania v. Casey represented a partial "victory" for Justice Blackmun, …
Perspectives On Decisionmaking From The Blackmun Papers: The Cases On Arbitrability Of Statutory Claims, Ellen E. Deason
Perspectives On Decisionmaking From The Blackmun Papers: The Cases On Arbitrability Of Statutory Claims, Ellen E. Deason
Missouri Law Review
Judges' decisions must rank among the most documented types of decisionmaking. At the appellate level, in particular, the arguments made to judges are a matter of record and the decisions are recorded in written opinions that provide a reasoned explanation. Yet there are many unknowns about this decisionmaking process. This article draws on information found in the Blackmun Papers collection at the Library of Congress to explore Supreme Court decisionmaking as illustrated in the series of cases that opened the door to welcome arbitration of statutory claims. I The cases brought about the weakening and eventual abrogation of a long-standing …
Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson
Revelations From The Blackmun Papers On The Development Of Death Penalty Law, Martha Dragich Pearson
Missouri Law Review
Justice Blackmun's legacy is strongly linked to two issues - abortion and capital punishment. Blackmun's opinions in these controversial areas account for much of the notion that his ideology changed while on the Court. Participants in this Symposium have reflected on these and other areas where Justice Blackmun left his mark on American law. Professor Deason explores the arbitrability cases and shows that the Court struggled - and Justices changed their minds - even in connection with relatively technical legal issues arising in non-controversial commercial contexts. One reason the Court struggles with some issues is that legal standards are (or …
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Justice Blackmun And The Spirit Of Liberty, Richard C. Reuben
Missouri Law Review
As we see in this symposium, Justice Harry Blackmun is as controversial in death as he was in life. His strongest critics, such as Professor Greg Sisk, view the Justice as an unprincipled judge who let his personal views on the issues before the Court control his jurisprudence.' More damning words cannot be spoken about a judge, and Roe v. Wade of course is the case they focus on. His strongest proponents, most famously Yale Law School Dean Harold Koh and Stanford Law School Professor Pam Karlan, view the Justice as a man of high principle who worked carefully, methodically, …
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Why Do Supreme Court Justices Succeed Or Fail - Harry Blackmun As An Example, Lawrence S. Wrightsman, Justin R. La Mort
Missouri Law Review
At present, 108 Justices have served on the United States Supreme Court. Some have clearly been successes as judges, while a few have clearly not, and a large number are cast into that middle, "satisfactory" or "average," category. The purpose of this paper is to propose, examine, and evaluate specific factors as determinants of judicial success, and then to consider Justice Harry Blackmun's place on a continuum of successes and failures. The paper is divided into three sections. First, it reviews several ideal qualities and examines the results of several surveys of experts, which classify the Justices into categories based …
Internationalism Of Justice Harry Blackmun, The, Margaret E. Mcguinness
Internationalism Of Justice Harry Blackmun, The, Margaret E. Mcguinness
Missouri Law Review
This comment is intended to provide a roadmap for closer examination of the Blackmun Papers and to evaluate the sources of internationalism in Justice Blackmun's opinions. An understanding of those sources can in turn inform typologies of internationalism among other Justices, past, present, and future. It seems particularly salient to be discussing the internationalist aspects of Justice Blackmun's legacy today, at a time when the Court is deeply divided on questions of executive power over foreign affairs, the relevance of foreign and international political practices and judicial opinions to constitutional interpretation, and the extent to which decisions of international tribunals …
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Did Roe V. Wade Pass The Arbitrary And Capricious Test, Daniel A. Farber
Missouri Law Review
Justice Blackmun sat on 3,653 cases during his twenty-four terms on the Supreme Court, yet he will surely be best remembered for his role in one case, Roe v. Wade. Seldom has a judicial decision been more controversial. True, many opinions are harshly criticized. But the criticisms of Roe were distinctive. According to critics, Roe was not merely bad law, in some sense it was not law at all. One particularly outspoken critic recently calls Roe "perhaps the most indefensible 'constitutional' decision ever reached by this Court to date' as well as "manifestly and atrociously contrary to the Constitution."
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm, And The Possible Contributions Of Science, Christina E. Wells
Some Reflections On The Symposium: Judging, The Classical Legal Paradigm, And The Possible Contributions Of Science, Christina E. Wells
Missouri Law Review
One theme running through the many excellent contributions to this symposium involves the myriad influences of judicial decision-making. As Professor Wrightsman notes, Supreme Court Justices' personal characteristics may affect their ability to influence colleagues and, consequently, the outcome of Supreme Court decisions. Professor Ruger observes that judges have both attitudinal and jurisprudential preferences that may change over time, affecting legal outcomes differently as time passes. Professor Sisk similarly notes that judges' personal values and experiences influence their decision-making. These observations are consistent with those of numerous other scholars, who find wide-ranging and diverse influences on the judicial resolution of legal …
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Current State Of Co-Employee Immunity Under Workers' Compensation Law, The, Michael S. Kruse
Missouri Law Review
The exclusivity provision of Missouri's Workers' Compensation Act ("the Act") essentially constitutes a statutory mandated quid-pro-quo agreement amongst employees and their employers. Under the terms of the Act, employers incur the burden of no-fault liability for workplace injuries. The Act states that "[e]very employer ... shall be liable, irrespective of negligence, to furnish compensation . . . for personal injury or death of the employee by accident arising out of and in the course of [his] employment." In exchange for employers incurring this burden, the Act statutorily abrogates any common law right of action the employee may hold against the …
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Does Loss Of Custody Of A Child Resulting From Attorney Negligence Cause Damage, Jesse E. Weisshaar
Missouri Law Review
Attorneys face the prospect of legal malpractice actions on a daily basis and in regard to every type of legal issue with which they deal. Indeed, a lawyer's negligence subjects him to liability whether he has mishandled a multimillion dollar business transaction or failed to adequately represent his client in a custody battle over the client's children. Whereas the harm in the former example is clearly monetary, the latter example presents the issue of whether the client can recover monetary damages for loss of custody of his child, a harm that is non-economic in nature. While few people would likely …
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Which One Here Is Not Like The Others - No Third-Party Standing For Lawyers To Assert Indigent Criminal Defendants' Right To Counsel On Appeal, Courtney C. Stirrat
Missouri Law Review
In Kowalski v. Tesmer, the Supreme Court held that attorneys lack standing to assert the rights of indigent criminal defendants.1t The Court's application of its prudential rules of standing presents great concern, as it leaves thirty years of precedent in doubt. This Note examines the parameters of the Court's prudential standing requirements and the great shift in thirdparty standing after Kowalski.1
No More Russian Roulette: Chapter 13 Cram-Down Creditors Take A Bullet, Jon W. Jordan
No More Russian Roulette: Chapter 13 Cram-Down Creditors Take A Bullet, Jon W. Jordan
Missouri Law Review
Until the United States Supreme Court's decision in Till v. SCS Credit Corp., secured creditors in Chapter 13 bankruptcy cases likely viewed the forced acceptance of a debtor's Chapter 13 repayment plan as a high-stakes game of chance. Prior to this decision, the interest rate applied to the deferred payments to "cram-down" creditors varied dramatically, depending upon the jurisdiction in which the debtor filed bankruptcy and the broad discretion of the bankruptcy court judge. However, by misinterpreting the legislative intent of Congress, the Supreme Court adopted a standard that will consistently under-compensate creditors. Suddenly, secured creditors' high-stakes game of chance …
After Roper V. Simmons: Keeping Kids Out Of Adult Criminal Court, Ellen Marrus, Irene Merkel Rosenberg
After Roper V. Simmons: Keeping Kids Out Of Adult Criminal Court, Ellen Marrus, Irene Merkel Rosenberg
San Diego Law Review
When children kill, as they always have and probably always will, the state must juggle two distinct and oftentimes conflicting concerns: its police power and its parens patriae interest. These concerns are not, however, mutually exclusive. There is a delicate balance that must be maintained. Clearly, the state must incapacitate and punish children who commit serious criminal acts, but, as Simmons says, that does not mean that minors can be executed, nor, as the Authors maintain, be consigned to living death behind bars without any hope of respite. The legal system must somehow be adjusted for children.