Law Commons^™

"Dirty Pretty Things" And The Law: Curing The Organ Shortage & Health Care Crises In America, Jennifer M. Smith

Journal Publications

There is an organ shortage crisis in the world, especially for kidneys and livers, resulting in approximately 6,000 deaths annually in the United States alone. There is also a health care crisis in the United States, with roughly sixteen percent of the population uninsured, resulting in approximately 18,000 deaths annually. In 1984, the National Organ Transplant Act ("NOTA') banned the acquisition of human organs in exchange for valuable consideration, primarily to prevent the exploitation of poor people--those who are most likely to sell their organs. Transplant professionals are increasingly pushing to legalize the outright sale of human organs from living …

Thre Dreaded Bluebook, Mary Whisner

Librarians' Articles

The Bluebook is reviled by many as confusing, arcane, and nitpicky. And some of those who are stumped and intimidated by the Bluebook come to reference librarians asking for help. Thus we are presented with a wonderful opportunity to serve (while building our credibility and earning our patrons' thanks). But of course we must first get past our own Bluebook anxiety.

Two Thumbs Down: In The Absence Of Comprehensive Immigration Reform, Ill-Conceived Bills Flood The Virginia General Assembly, Leigh A. Sellers

Richmond Public Interest Law Review

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 …

Slipping Through The Cracks And Into Schools: The Need For A Uniform Sexual Predator Tracking System, Cheryl Page

Journal Publications

Over half a million registered sex offenders currently live in the United States. Sex offenses are among the most devastating crimes because of the long-lasting emotional, physical, and psychological effects it has on victims. Sadly, most victims of sex offenses are innocent children. "Most sex offenders are not in prison, and ... are largely unknown to people in the community." Sex offenders also have a propensity for reoffending their crimes. "While community supervision and oversight is widely recognized as essential, the system for providing such supervision is overwhelmed." There are many loopholes in the current system that allow sex offenders …

Massachusetts V. Epa And The Future Of Environmental Standing In Climate Change Litigation And Beyond, Randall S. Abate

Journal Publications

This Article focuses on the future scope of environmental standing after Massachusetts v. EPA. Injury in fact has been and remains the most controversial component of the environmental standing test within and outside the context of global environmental harms. Part I of this Article discusses the background context of environmental standing for global environmental harms and its corresponding origins in procedural and substantive injury claims in cases involving purely domestic environmental harms. Part II examines the landmark decision in Massachusetts v. EPA and considers how it confirms and extends standing jurisprudence for global environmental harms, yet fails to resolve some …

Female Genital Mutilation: Exploring Strategies For Ending Ritualized Torture; Shaming, Blaming, And Utilizing The Convention Against Torture, Patricia A. Broussard

Journal Publications

The intent of this article is to graphically describe female genital mutilation (FGM); discuss the background of FGM and its health, psychological, and social implications; propose some workable solutions to ending FGM; and raise the level of awareness of the pain and suffering of women around the world. In part, this article will discuss invoking the Convention against Torture against those nations unwilling to end this horrific practice. There is also a caveat to this article: the author acknowledges that discussing solutions to the practice of FGM is not a simplistic and straight-forward endeavor. Solutions to ending FGM are as …

Shattering And Moving Beyond The Gutenberg Paradigm: The Dawn Of The Electronic Will, Joseph Karl Grant

Journal Publications

Legislators in Nevada have already acted to modernize the law of wills. This Article advocates that other states follow their lead and depart from what is described as the "Gutenberg Paradigm" by adopting similar legislation and embracing electronic technology. Part One of this Article explores the history of print and the emergence of the "Gutenberg Paradigm." Part Two examines the history and policy underpinnings of will execution formalities, and the role of the "writing" requirement. Part Three explores the use of electronic wills as conforming and nonconforming testamentary instruments. Part Three, also, highlights some of the pitfalls and shortcomings of …

Boundary Waters Treaty Of 1909 As A Model For Interjurisdictional Water Governance, Robert H. Abrams

Journal Publications

In an age of increasing interjurisdictional water conflict and water management concern, the list of accomplishments of the Boundary Water Treaty of 1909 (BWT), reached in a harmonious manner, raises the possibility that, perhaps, the management mechanisms of the BWT might beneficially be used in other contexts. This Article will take up that possibility in the context of three contemporary American interstate water allocation disputes. These disputes are (1) a relatively simple cross-border complaint by a downstream state, South Carolina, that North Carolina cities are using too much water of the Catawba River; (2) the basin-wide dispute regarding water use …

The Latino Lawful Permanent Resident Removal Cases: A Case Study Of Nicaragua And A Call For Fairness And Responsibility In The Administration Of U.S. Immigration Law, Maritza I. Reyes

Journal Publications

This Note aims to contribute to current dialogue by raising issues of fairness, responsibility, and human dignity that merit special consideration in any immigration reform proposal regarding the laws that apply to lawful permanent residents who have committed crimes. Part I analyzes the underlying motivation for the enactment of the immigration laws that were passed in 1996. Part II utilizes a case analysis of issues faced by deportees from Nicaragua to illustrate how the foreign policy of the United States affects the governments, economies, and migration trends of other countries. Parts III and IV borrow from the analysis in Part …

Marybeth Peters Is Almost Right: An Alternative To Her Proposals To Reform The Compulsory License Scheme For Music, William Henslee

Journal Publications

Since Napster made mass digital downloads and online piracy available and accessible in June of 1999, the music industry has been under attack. Traditionally, record companies have received their revenue from phonorecord sales and use of the music in film, television, and advertisements. Performers have received their income from record companies based on a percentage of the sales income after the company has recouped its investment in the artist.

With the current technology and digital marketing available, all of the players in the music business believe that the revenue distribution models need to change but, to date, have been reluctant …

A Prairie Perspective On Global Warming And Climate Change: The Use Of Law, Technology, And Economics To Establish Private Sector Markets To Compliment Kyoto, Ronald C. Griffin

Journal Publications

We are in the midst of an environmental calamity that few perceive as grave. The climate is changing. Civilization is suffering. One person can do little to cope with these problems on a global scale. But farmers can do something about their farming operations to contribute less to climate change.

Today, two percent of the population feeds us. With mechanical advancements, new farm machinery, innovative practices, products, commodities, securities, and markets folk can do something to reward farmers for their efforts to slow the pace of climate change.

Naso V. Fu : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Taylor-West Weber Water Improvement District V. Jerry Olds, State Engineer Of The State Of Utah; Weber Basin Water Conservancy Distrit; And United States Of America Bureau Of Reclamation V. Roy City : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from the second Judicial District Court, Weber County, State of Utah The Honorable Pamela G. Heffernan

Olp, L.L.C., A Limited Liability Company, And Richard Wilson, An Individual V. Wayne Burningham, An Individual, And Optical Lens Products Management, Inc., Dba Intermountain Antireflective Coatings, A Utah Corporation : Brief Of Petitioner, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

PETITIONERS' OPENING BRIEF On Certiorari Review to the Court of Appeals, Case No. 20060178-CA District Court Case No. 010906652, Honorable Robert K. Hilder

State Of Utah V. Brian Dale Larsen : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appeal from an order of restitution following convictions for one count of joyriding with intent to temporarily deprive the owner thereof, a class xA. misdemeanor, in violation of Utah Code Ann. § 41- la-1314 (West Supp. 2008), and one count of unlawful possession of burglary tools, a class B misdemeanor, in violation of Utah Code Ann. § 76-6-205 (West 2004), in the Third Judicial District Court of Utah, Salt Lake County, the Honorable William W. Barrett presiding.

Flora Sue Macintosh V. Staker Paving And Construction Company : Brief Of Appellee, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

Appellee's Brief

Ron Benson V. Peace Officer Standards And Training Council, Department Of Public Safety, State Of Utah : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE PEACE OFHCER STANDARDS AND TRAINING COUNCIL

Ron Benson V. Peace Officer Standards And Training Council, Department Of Public Safety, State Of Utah: Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

APPEAL FROM THE PEACE OFFICER STANDARDS AND TRAINING COUNCIL

Harvey V. Cedar Hills : Reply Brief, Utah Court Of Appeals

Utah Court of Appeals Briefs (2007– 2019)

No abstract provided.

Class Of 2011, University Of Richmond

Class Photos 1998-Current

This facebook contains photographs of the Class of 2011 at the T. C. Williams School of Law.

Front Matter, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Table Of Contents, Jtaa Editors

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Editor's Note, Sean Stentiford

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

Guided Discretion In Massachusetts Evidence Law: Standards For The Admissibility Of Prior Bad Acts Against The Defendant, Peter W. Agnes Jr.

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

To Plead Or Not To Plead: Assessing The Effect Of A Partial Motion To Dismiss On The Duty To Answer, Michael D. Moberly, Andrea G. Lisenbee

Suffolk Journal of Trial and Appellate Advocacy

No abstract provided.

The Evolving Regulation Of The Legal Profession: The Costs Of Indeterminacy And Certainty, Irma S. Russell

Faculty Works

This Article examines the incentive systems of the common law and modern rules of lawyer discipline, which combine to form a dual system of lawyer regulation in this country. The Article considers discontinuities between this dual system of regulation created by the common law, which influenced the 1908 Canons of Professional Ethics, and the current disciplinary rules, presented by the Model Rules of Professional Conduct. While the Model Rules form the basis of lawyer discipline in most states, the approach presented in the Canons continues to have force because the common law applies to lawyers through contract and tort law. …

Pressures Toward Mediocrity In The Representation Of Children, Barbara Glesner Fines

Faculty Works

When children are the subject of dependency, adoption or guardianship proceedings, protecting those children requires attention to a variety of interests. Children need a voice: an advisor and an advocate whose judgment is unclouded by conflicting interests. Courts need information that the adult parties to the proceedings may not easily discover or willingly provide. The families and social services agencies need monitors and mediators. The attorney guardian ad litem (GAL) is, in many situations, called upon to meet all these needs. During the past decade, major academic conferences and professional organizations have devoted thousands of hours to developing standards of …

Fundamental Principles And Challenges Of Humanizing Legal Education, Barbara Glesner Fines

Faculty Works

No abstract provided.

Supreme Court Report 2007-2008, Julie M. Cheslik, Aimee L. Morrison, Tyler J. Scott

Faculty Works

This article reviews the decisions of the U.S. Supreme Court for the 2007-2008 Term that are of particular relevance to state and local governments including those involving voting and elections, speech, class-of-one equal protection claims, immunity, taxation, preemption, and the Fourth and Sixth Amendments.

Against the backdrop of the 2008 presidential election between Democrat Barack Obama and Republican John McCain, and an economy plagued by recession and federal bailouts of the finance and mortgage industries, the Court continued in a largely conservative vein, reflecting the policies and predilections of the majority of justices. The Court reasserted its distaste for unfettered …

Megacases, Diversity, And The Elusive Goal Of Workplace Reform, Nancy Levit

Faculty Works

Employment discrimination class action suits are part of a new wave of structural reform litigation. Like their predecessors - the school desegregation cases in the 1950s, the housing and voting inequalities cases in the 1960s, prison conditions suits in the 1970s, and environmental lawsuits since then - these are systemic challenges to major institutions affecting large segments of the public. This article explores the effectiveness of various employment discrimination remedies in reforming workplace cultures, promoting corporate accountability, and implementing real diversity.

Reviewing the architecture and aftermath of consent decrees in five major employment discrimination cases - the cases against Shoney's, …