Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (49)
- Law and Politics (14)
- Judges (11)
- Legislation (11)
- Legal History (10)
-
- Supreme Court of the United States (9)
- Courts (8)
- President/Executive Department (6)
- State and Local Government Law (6)
- Criminal Procedure (5)
- Jurisprudence (5)
- Health Law and Policy (4)
- Law and Philosophy (4)
- Law and Society (4)
- Administrative Law (3)
- Criminal Law (3)
- Election Law (3)
- Fourteenth Amendment (3)
- Law and Race (3)
- Legal Profession (3)
- Military, War, and Peace (3)
- National Security Law (3)
- Rule of Law (3)
- Civil Procedure (2)
- Civil Rights and Discrimination (2)
- Comparative and Foreign Law (2)
- Education Law (2)
- European Law (2)
- Evidence (2)
- Publication Year
- Publication
- Publication Type
Articles 1 - 30 of 75
Full-Text Articles in Law
Acknowledgments, Andrew E. Hemby
Acknowledgments, Andrew E. Hemby
University of Richmond Law Review
No abstract provided.
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
Is It Bad Law To Believe A Politician? Campaign Speech And Discriminatory Intent, Shawn E. Fields
University of Richmond Law Review
No abstract provided.
The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife
The Imperfect But Necessary Lawsuit: Why Suing State Judges Is Necessary To Ensure That Statutes Creating A Private Cause Of Action Are Constitutional, Stephen N. Scaife
University of Richmond Law Review
No abstract provided.
Race And The Law, Cassandra Conover
Race And The Law, Cassandra Conover
University of Richmond Law Review
No abstract provided.
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
Enhancing Cybersecurity In The Private Sector By Means Of Civil Liability Lawsuits - The Connie Francis Effect, Jeffrey F. Addicott
University of Richmond Law Review
The purpose of this article is to explore the threats posed by
cybersecurity breaches, outline the steps taken by the government
to address those threats in the private sector economy, and
call attention to the ultimate solution, which will most certainly
spur private businesses to create a more secure cyber environment
for the American people-a Connie Francis-styled cyber civil
action lawsuit.
Originalist Law Reform, Judicial Departmentalism, And Justice Scalia, Kevin C. Walsh
Originalist Law Reform, Judicial Departmentalism, And Justice Scalia, Kevin C. Walsh
Law Faculty Publications
Drawing on examples from Justice Antonin Scalia's jurisprudence, this Essay uses the perspective of judicial departmentalism to examine the nature and limits of two partially successful originalist law reforms in recent years. It then shifts to an examination of how a faulty conception of judicial supremacy drove a few nonoriginalist changes in the law that Scalia properly dissented from. Despite the mistaken judicial supremacy motivating these decisions, a closer look reveals them to be backhanded tributes to judicial departmentalism because of the way that the Court had to change jurisdictional and remedial doctrines to accomplish its substantive-law alterations. The Essay …
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
Indecency Four Years After Fox Television Stations: From Big Papi To A Porn Star, An Egregious Mess At The Fcc Continues, Clay Calvert, Minch Minchin, Keran Billaud, Kevin Bruckenstein, Tershone Phillips
University of Richmond Law Review
Using the WDBJ case as an analytical springboard, this article examines the tumultuous state of the FCC's indecency enforcement regime more than three years after the Supreme Court's June 2012 opinion in Fox Television Stations. Part I of this article briefly explores the missed First Amendment opportunities in Fox Television Stations, as well as some possible reasons why the Supreme Court chose to avoid the free-speech questions in that case." Part II addresses the FCC's decision in September 2012 to target only egregious instances of broadcast indecency and, in the process, to jettison hundreds of thousands of complaints that had …
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
In Memoriam: Justice Antonin Scalia And The Constitution's Golden Thread, L. Margaret Harker
University of Richmond Law Review
No abstract provided.
Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White
Truth Or Doubt? An Empirical Test Of Criminal Jury Instructions, Michael D. Cicchini, Lawrence T. White
University of Richmond Law Review
Part I of this article briefly discusses the concept of proof beyond a reasonable doubt, along with its importance to individuals and society generally. Part II surveys some of the truth-related language used in multiple state and federal jurisdictions. It also examines the constitutional problems created by this language and discusses courts' inadequate responses to these problems.
Part III explains our controlled experiment, including our hypotheses, study design, and empirical findings. Part IV discusses these findings and their significance and argues that courts should immediately terminate their use of truth-based jury instructions so that our constitutional guarantees are fulfilled. Finally, …
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
The Constitutional Limits Of Client-Centered Decision Making, Todd A. Berger
University of Richmond Law Review
No abstract provided.
Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt
Legal Precedent And The Opportunity For Educational Equity: Where To Now, Colorado?, Molly A. Hunter, Kathleen J. Gebhardt
University of Richmond Law Review
No abstract provided.
A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson
A Federal Role In Education: Encouragement As A Guiding Philosophy For The Advancement Of Learning In America, Gerard Robinson
University of Richmond Law Review
No abstract provided.
Three Supreme Court “Failures” And A Story Of Supreme Court Success, Corinna Barrett Lain
Three Supreme Court “Failures” And A Story Of Supreme Court Success, Corinna Barrett Lain
Law Faculty Publications
Plessy v. Ferguson. Buck v. Bell. Korematsu v. United States. Together, these three decisions legitimated ‘separate but equal,’ sanctioned the forced sterilization of thousands, and ratified the removal of Japanese Americans from their homes during World War II. By Erwin Chemerinsky’s measure in The Case Against the Supreme Court, all three are Supreme Court failures—cases in which the Court should have protected vulnerable minorities, but failed to do so. Considered in historical context, however, a dramatically different impression of these cases, and the Supreme Court that decided them, emerges. In two of the cases—Plessy and Buck—the Court’s ruling reflected the …
A New Proposal To Address Local Voting Discrimination, Cody Gray
A New Proposal To Address Local Voting Discrimination, Cody Gray
University of Richmond Law Review
No abstract provided.
Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray
Beyond The Right To Counsel: Increasing Notice Of Collateral Consequences, Brian M. Murray
University of Richmond Law Review
This article responds to these questions by focusing on the primary roots of this justice issue, namely the prevalence of guiltypleas and the continued efforts of legislatures to increase the life- long price of a conviction. Part I begins with a discussion of these practical realities within the criminal justice system. Part II then examines the law of guilty pleas under the Fifth Amendment, including constitutional standards for valid pleas, and how current jurisprudence fails to account for the collateral consequences mentioned in Part I. Part II also discusses the right to effective assistance of counsel under the Sixth Amendment, …
Marriage Equality Comes To Virginia, Carl Tobias
Marriage Equality Comes To Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
A Shot In The Dark: Why Virginia Should Adopt The Firing Squad As Its Primary Method Of Execution, P. Thomas Distanislao
University of Richmond Law Review
No abstract provided.
Testing Sex, Rachel Rebouché
Commonwealth And Constitution, Robert S. Claiborne Jr.
Commonwealth And Constitution, Robert S. Claiborne Jr.
University of Richmond Law Review
No abstract provided.
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
Why Federal Rule Of Evidence 403 Is Unconstitutional, And Why That Matters, Kenneth S. Klein
University of Richmond Law Review
No abstract provided.
Resolution Vi: The Virginia Plan And Authority To Resolve Collective Action Problems Under Article I, Section 8, Kurt T. Lash
Resolution Vi: The Virginia Plan And Authority To Resolve Collective Action Problems Under Article I, Section 8, Kurt T. Lash
Law Faculty Publications
The article presents on the general principles of limited enumerated federal power followed by the courts of the U.S. used for determining scope of national authority. The declaration of Resolution VI under which the U.S. Congress has the power for regulating collective action problems having national importance is discussed. The historical evidences of Resolution VI, the debates related to ratification and the errors in historical facts are also discussed.
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne
University of Richmond Law Review
No abstract provided.
Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough
Modern Transportation Needs And The Prohibitions Of Article X, Section 10 Of The Virginia Constitution, Hon. Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Constitutional Forbearance, A. Christopher Bryant
Constitutional Forbearance, A. Christopher Bryant
University of Richmond Law Review
No abstract provided.
Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett
Facial And As-Applied Challenges To The Individual Mandate Of The Patient Protection And Affordable Care Act, Edward A. Hartnett
University of Richmond Law Review
No abstract provided.
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph
Beyond The Doctrine: Five Questions That Will Determine The Aca's Constitutional Fate, Bradley W. Joondeph
University of Richmond Law Review
No abstract provided.
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh
The Anti-Injunction Act, Congressional Inactivity, And Pre-Enforcement Challenges To § 5000a Of The Tax Code, Kevin C. Walsh
University of Richmond Law Review
No abstract provided.
States' Rights And State Standing, Stephen I. Vladeck
States' Rights And State Standing, Stephen I. Vladeck
University of Richmond Law Review
No abstract provided.
Sense And Severability, Tobias A. Dorsey
Sense And Severability, Tobias A. Dorsey
University of Richmond Law Review
No abstract provided.