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Articles 571 - 600 of 10092
Full-Text Articles in Law
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
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.
Bankruptcy Law, Richard C. Maxwell, B. Webb King
Bankruptcy Law, Richard C. Maxwell, B. Webb King
University of Richmond Law Review
No abstract provided.
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 …
Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen
Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen
University of Richmond Law Review
No abstract provided.
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.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
Tribute To John Pickering, Ruth Bader Ginsburg
Tribute To John Pickering, Ruth Bader Ginsburg
Michigan Law Review
John Pickering was a grand human whose life is just cause for celebration. He taught constantly, through his own work and deeds, how lawyers in private practice can contribute hugely to the public good. John's dear friend, my revered D.C. Circuit colleague, Carl McGowan, spoke of the lawyer of technical competence content to be a working mason. The best of lawyers, Judge McGowan said, serve as architects, planners, builders in law. Along with high technical competence, the best of lawyers have a deep understanding of the nature and purposes of the law, which makes them wise and reliable counselors, broad-gauged …
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Information Asymmetries And The Rights To Exclude, Lior Strahilevitz
Coase-Sandor Institute for Law & Economics Research Paper Series
No abstract provided.
Justice Breyer's Democratic Pragmatism, Cass R. Sunstein
Justice Breyer's Democratic Pragmatism, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
There have been many efforts to reconcile judicial review with democratic self-government. Some such efforts attempt to justify judicial review if and to the extent that it promotes self-rule. Active Liberty, by Justice Stephen Breyer, is in this tradition; but it is also marked by a heavy pragmatic orientation, emphasizing as it does the need for close attention to purposes and to the importance of consequences to legal interpretation. Its distinctiveness lies in its effort to forge close connections among three seemingly disparate ideas: a democratic account of judicial review; a purposive understanding of legal texts; and a neo-pragmatic emphasis …
The Availability Heuristic, Intuitive Cost-Benefit Analysis, And Climate Change, Cass R. Sunstein
The Availability Heuristic, Intuitive Cost-Benefit Analysis, And Climate Change, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Because risks are on all sides of social situations, it is not possible to be "precautionary" in general. The availability heuristic ensures that some risks stand out as particularly salient, whatever their actual magnitude. Taken together with intuitive cost-benefit balancing, the availability heuristic helps to explain differences across groups, cultures, and even nations in the assessment of precautions to reduce the risks associated with climate change. There are complex links among availability, social processes for the spreading of information, and predispositions. If the United States is to take a stronger stand against climate change, it is likely to be a …
Total Liability For Excessive Harm, Robert D. Cooter, Ariel Porat
Total Liability For Excessive Harm, Robert D. Cooter, Ariel Porat
Coase-Sandor Institute for Law & Economics Research Paper Series
The harm that each individual causes others is unverifiable in some circumstances where the total harm caused by everyone is verifiable. For example, the environmental agency can often measure the total harm caused by pollution much easier than it can measure the harm caused by each individual polluter. In these circumstances, implementing the usual liability rules or externality taxes is impossible. We propose a novel solution: Hold each participant in the activity responsible for all of the excessive harm that everyone causes. By "excessive harm" we mean the difference between the total harm caused by all injurers and the optimal …
Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan
Attention Felons: Evaluating Project Safe Neighborhood In Chicago, Andrew V. Papachristos, Tracey L. Meares, Jeffrey Fagan
Coase-Sandor Institute for Law & Economics Research Paper Series
This research uses a quasi-experimental design to evaluate the impact of Project Safe Neighborhood (PSN) initiatives on neighborhood level crime rates in Chicago. Four interventions are analyzed: (1) increased federal prosecutions for convicted felons carrying or using guns, (2) the length of sentences associated with federal prosecutions, (3) supply-side firearm policing activities, and (4) social marketing of deterrence and social norms messages through justice-style offender notification meetings. Using an individual growth curve models and propensity scores to adjust for non-random group assignment, our findings suggest that several PSN interventions are associated with greater declines of homicide in the treatment neighborhoods …
Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein
Beyond Marbury: The Executive's Poer To Say What The Law Is, Cass R. Sunstein
Coase-Sandor Institute for Law & Economics Research Paper Series
Under Marbury v. Madison, it is "emphatically the province and duty of the judicial department to say what the law is." But as a matter of actual practice, statements about "what the law is" are often made by the executive department, not the judiciary. In the last quarter-century, the Supreme Court has legitimated the executive's power of interpretation, above all in Chevron v. Natural Resources Defense Council, the most-cited case in modern public law. Chevron reflects a salutary appreciation of the fact that the executive is in the best position to make the judgments of policy and principle on which …
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
University of Richmond Law Review
No abstract provided.
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.
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
University of Richmond Law Review
While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …
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, …
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Globalisation And Urban Crime: Mean Streets Or Lost Suburbs, Mark Findlay
Research Collection Yong Pung How School Of Law
This parer introduces notions of contemporary globalisation and the manner in which crime and glotalisation interrelate. In particular, the importance of analysing crime and control at both local and global levels is emphasised. Issues of crime and space are addressed in the context of urbanisation. The tendencies of the city to marginalise, and the consequential criminal outcomes from this environment of modernisation (and the modem city) are discussed. Urban planning has had a crucial part to play in humanising and at the same time distinguishing the global push towards urbanisation, and crime prevention is now a recognised feature of globalised …
Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan
Multiracialism Engineered: The Limits Of Electoral And Spatial Integration In Singapore, Eugene K. B. Tan
Research Collection Yong Pung How School Of Law
This paper examines Singapore's innovations in electoral and spatial integration. In examining the Group Representation Constituency and the Ethnic Integration Policy, a critique is made of the official discourse that multiracialism is internalized and entrenched in Singapore's political psyche and electoral process. While the electoral and spatial integration policies are driven by the objective of enhancing multiracialism, their actual workings do not adequately advance the development of norms and values that would be truly supportive of the need for a multiracial legislature and an abiding commitment to multiracialism. The layering of the electoral system with other political objectives, such as …
Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand
Paradoxically, Derrida: For A Comparative Legal Studies, Pierre Legrand
Cardozo Law Review
No abstract provided.
Authority: An Hommage To Jacques Derrida And Mary Quaintance, Arthur J. Jacobson
Authority: An Hommage To Jacques Derrida And Mary Quaintance, Arthur J. Jacobson
Cardozo Law Review
No abstract provided.
Derrida And The Singularity Of Literature, Jonathan Culler
Derrida And The Singularity Of Literature, Jonathan Culler
Cardozo Law Review
No abstract provided.
The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken
The Love Of The Letter: Derrida And His Only Lady, Barbara Vinken
Cardozo Law Review
No abstract provided.
Derrida, Democracy, And America, Juliane Rebentisch
Derrida, Democracy, And America, Juliane Rebentisch
Cardozo Law Review
No abstract provided.
The Fictional And The Figural: On Derrida, Kant, And The Textual Event, Karen S. Feldman
The Fictional And The Figural: On Derrida, Kant, And The Textual Event, Karen S. Feldman
Cardozo Law Review
No abstract provided.