Law Commons^™

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly, in its 1998 Session, enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Virginia Code. In addition to the legislative changes, there were four Supreme Court of Virginia opinions, one Court of Appeals for the Fourth Circuit opinion, one Bankruptcy Court opinion, and one Virginia Circuit Court opinion during the period covered by this review, all of which involved issues of interest to the general practitioner as well as to the specialist in wills, trusts, and, estates. This article reports on all of these legislative and judicial …

The Rise Of Environmental Law In The Asian Region, Ben Boer

University of Richmond Law Review

In the past three decades, the realm of environmental law in many Western countries, and internationally, has grown from a small baby crying for attention to a full-fledged, articulate adult, participating in a wide variety of international, regional, and national fora concerning the protection of the environment and the management of our natural resources. More recently, in many non-Western countries and especially in Asia, environmental law has begun to enter into adulthood, manifested by significant legislative initiatives, judicial activism and a resulting environmental jurisprudence, and the establishment and growth of environmental and resource management agencies.

Emroch Lecture: Uncertainties In The Law Of Sexual Harassment, Susan Webber Wright

University of Richmond Law Review

The Emroch Lecture Series was established through the generosity of the late Mr. Emmanuel Emroch, his wife Bertha, and their many friends and associates. The endowment is currently supported by Mr. Emroch's son and daughter-in-law, Mr. & Mrs. Walter Emroch. Mr. Emroch received a B.A. degree from the University of Richmond in 1928 and a J.D. degree from the University of Richmond School of Law in 1931. The Honorable Susan Webber Wright presented this address as the Thirteenth Annual Emroch Lecture on November 12, 1998, at the University of Richmond School of Law.

Who? What? When? Where? Personal Jurisdiction And The World Wide Web, Yvonne A. Tamayo

Richmond Journal of Law & Technology

Almost everyone, it sometimes seems, is "working on a Web site." The Internet, a seamless web of communication, has broken down barriers of distance and time among people. At the same time it has made increasingly porous the conventional boundaries between the tangible and the abstract. Many business entities have created their own World Wide Web pages on the Internet, in order to deliver their advertising messages instantaneously to potential customers anywhere in the world. Increasingly, lawsuits are being filed against these businesses engaged in electronic commerce.

Free Speech In The College Community, Robert M. O'Neil, Rodney A. Small

Richmond Journal of Law & Technology

Robert O'Neil has written the book he was destined to write: Free Speech in the College Community. The former President of the University of Virginia and the University of Wisconsin, O'Neil is a distinguished lawyer and First Amendment scholar who has long been active in disputes involving student speech and academic freedom. He has parlayed those credentials into a book that is both creative and accessible. For both lawyers and non lawyers interested in campus speech issues, there is no better text available.

Compuserve V. Patterson: Creating Jurisdiction Through Internet Contacts, Cheryl L. Conner

Richmond Journal of Law & Technology

Throughout American legal history the adequacy of traditional jurisprudence has been tested by technological developments. The creation and expanded use of the Internet is the latest of these advancements. There are, however, characteristics of the Internet that distinguish it from past technological breakthroughs. These features include the difficulty of defining the Internet in traditional terms, the plethora of the contacts taking place, and the speed at which the Internet is expanding.

Congress And Deregulation: Federal Legislative Issues Past, Present And Future., Bill Robinson, Richard W. Blackburn, S.M. Henry Brown Jr., Mark C. Darrell

Richmond Journal of Law & Technology

I am Bill Robinson, and I am pinch-hitting for Mark La Fratta. Mark did something that caused him to have to go to Gary, I am not sure what it is. Perhaps, Mr. Brown will be able to tell us later on. In any event, it is a pleasure to be here. A couple of Saturdays ago, I was out sailing in an old boat I have, and we had wonderful winds. We were wasting in an area on the Rappahannock that I was not very familiar with, and we were just about to make our last tide in the …

Stranded Costs: Will They Torpedo Retail Choice In The Electric Industry?, Kodwo Ghartey-Tagoe, Richard La Capra, Philip R. O'Connor

Richmond Journal of Law & Technology

Our speakers have come a long way and we will not allow them to leave without saying something. On our panel today we have Richard La Capra, Founder and Principal of La Capra Associates. He has been involved in major restructuring activity in all six New England states, other parts of the country, and overseas. His biography is contained in your materials. Our second speaker is Philip O'Connor. Dr. O'Connor is with Coopers & Lybrand Consulting and is a former chair of the Illinois Commerce Commission. He is a nationally recognized expert on the development and implementation of competitive strategies …

Federalism And Beyond: The Uncertain Nature Of Federal/State Relationships In A Restructuring World, Edward L. Petrini, Thomas B. Nicholson, Edward J. Brady, Carrington F. Phillip, Mark J. Mathis

Richmond Journal of Law & Technology

Federalism in the restructuring context has certainly been controversial and filled with uncertainty -- some would say perilous. Some would say the shifts in jurisdiction between federal and state governments are so serious and of such concern that we should really pause before restructuring the electric industries. Some say we have not done the right thing in the telecommunications industry either. This area is certainly filled with potential for competitors and for lawyers. To help us sort it out, we have four distinguished panelists who are going to identify some of the key state/federal jurisdictional issues in the telecommunications and …

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette

University of Richmond Law Review

This article reviews some of the recent developments and changes effected by the Supreme Court of Virginia and the Virginia General Assembly which affect and involve civil litigation. The scope of this paper does not extend to criminal procedure. This paper is not intended to be an all inclusive compilation, but rather a sampling of case law and legislative enactments of interest to the civil litigation attorney.

Annual Survey Of Virginia Law: Environmental Law, Kelley A. Kinney, Andrea West Wortzel

University of Richmond Law Review

This article reviews the key environmental developments at the federal and state levels during the period from June 1996 to June 1998. Legislation and judicial decisions are presented topically. Certain issues, such as public participation and environmental justice, are playing an increasing role and will likely impact all media.

Annual Survey Of Virginia Law: Insurance Law, Terrence L. Graves

University of Richmond Law Review

This article will summarize and discuss case decisions and statutory changes in the field of insurance law that have taken place over the last two years. As in years past, most of the cases involve automobile coverage, particularly uninsured and underinsured motorist coverage. Other areas covered by this article include the following: liability insurance, automobile medical payments coverage, insurance regulation, fire insurance, and homeowners insurance.

Annual Survey Of Virginia Law: Technology And The Law, Diane E. Horvath, John S. Jung

University of Richmond Law Review

During its 1998 Session, the Virginia General Assembly passed forty-three bills related to technology that were signed into law. Of these, six bills were proposed by the Joint Commission on Technology and Science ("JCOTS"). This article summarizes several enacted bills and provides reference numbers for each bill discussed in the 1998 Acts of Assembly ("1998 Acts"). Given the breadth, depth, and speed of the technological revolution, the purpose of this article is to discuss succinctly the most significant 1998 legislative actions related to technology in areas of substantive law, practice, and procedure.

Teaching Law Students Through Individual Learning Styles, Robin A. Boyle, Rita Dunn

Faculty Publications

(Excerpt)

Teaching can be rewarding, but it can also be frustrating when some students fail to grasp the material. Professor Robin A. Boyle of St. John’s University School of Law has been teaching Legal Research and Writing in small sections of approximately twenty to thirty students for four years. She, like many of her similarly exasperated colleagues, has repeated the same course content by using either lecture or collaborative learning, and has observed some students doing well, whereas others continued to perform poorly. Then, Dr. Rita Dunn was introduced to the law school faculty and suggested that law professors incorporate …

Not-So-Arbitrary Arbitration: Using Title Vii Disparate Impact Analysis To Invalidate Employment Contracts That Discriminate, Miriam A. Cherry

Faculty Publications

(Excerpt)

On May 20, 1996, three women filed a sexual harassment and discrimination lawsuit against the Wall Street investment firm Smith Barney. Later joined by twenty additional women, the plaintiffs alleged that Smith Barney failed to hire and promote women, created a hostile work environment, and discriminated on the basis of pregnancy and marital status. The lawsuit quickly gained widespread publicity, most notably for its accusation that the former manager of the Garden City, New York, branch had established a fraternity-like "boom-boom room" in the office basement where female employees were either excluded or harassed if allowed to enter. On …

All Or Nothing, Or Maybe Cooperation: Attorney General Power, Conduct, And Judgment In Relation To The Work Of An Independent Counsel, John Q. Barrett

Faculty Publications

This Article considers the allocation of power under the independent counsel law between the Attorney General along with the Department of Justice and the independent counsel whose appointment the Attorney General has triggered. Although the law explicitly transfers much of an Attorney General's lawful power to an independent counsel, it does not go far enough in reallocating that power. Thus, it leaves a fundamental gap between what the current statute purports independent counsel to be and what it actually empowers independent counsel to accomplish. After an introduction in Part I, Part II of this article reviews the current legal provisions, …

Reconciliation And The Fiscal Constitution: The Anatomy Of The 1995-96 Budget "Train Wreck", Anita S. Krishnakumar

Faculty Publications

Congress originally conceived of the budget reconciliation process as a minor fallback mechanism for bringing one year's tax and spending policy in line with overall budget targets. Reconciliation has since become central to congressional efforts to reduce the federal budget deficit. This Note argues, however, that reconciliation is limited in its capacity to impel significant budgetary reform. The author demonstrates how, in 1995-96, reconciliation caused repeated breakdowns in governmental budget-making, undermining the entire budget process. The author concludes that the legal, institutional, and political constraints inherent in the reconciliation process will continue to constitute powerful obstacles to congressional efforts to …

Deciding The Stop And Frisk Cases: A Look Inside The Supreme Court's Conference, John Q. Barrett

Faculty Publications

In our system of constitutional decision-making, the Supreme Court makes law as an institution in its formal written opinions. The Court and its individual members make their official legal marks in the printed pages of the United States Reports. In June 1968, in Terry v. Ohio and Sibron v. New York, the two decisions that approved the constitutionality under the Fourth Amendment of police stop and frisk practices, the Court filled many official pages with rich discussion. Over the ensuing thirty years, these Court and individual opinions have shaped the course of constitutional analysis in our courts and guided the …

Are Statutes Really "Legislative Bargains"? The Failure Of The Contract Analogy In Statutory Interpretation, Mark L. Movsesian

Faculty Publications

Recent scholarship draws an analogy between contract and statutory interpretation. In this Article, Professor Movsesian explores and rejects that analogy. There are key differences between contracts and statutes, he argues; the intentionalism of contemporary contract law is inappropriate in the context of statutory interpretation. After critically examining the literature on the topic and demonstrating the operative distinctions between contracts and statutes, Professor Movsesian provides a useful illustration in the form of the famous case of Church of the Holy Trinity v. United States. Professor Movsesian shows how a comparison of contract and statutory interpretation sheds light on a number of …

Fraud And Federalism: Preempting Private State Securities Fraud Causes Of Action, Michael A. Perino

Faculty Publications

The passage of the Private Securities Litigation Reform Act of 1995 has engendered a significant forum shift in class action securities fraud litigation, from federal to state court. This unintended by-product of the Act has reignited debate over our dual federal-state system of securities regulation and in turn has inspired a discussion as to whether Congress should now preempt state securities fraud causes of action. This article argues that preemption is an appropriate, but not the only, solution to these concerns. To support this argument, this article first traces the history of dual state-federal securities regulation within the context of …

Women, The Law, And Cults: Three Avenues Of Legal Recourse: New Rape Laws, Violence Against Women Act, And Antistalking Laws, Robin A. Boyle

Faculty Publications

The author examines three avenues of legal recourse that are available to society at large, but may not be well-known to women in cults, their families, and their potential mental health providers. These avenues for recourse are improved rape laws now available in every state; recently-enacted federal legislation -- the 1994 Violence Against Women Act; and recently-enacted state and federal antistalking laws. The author developed this article from her speech delivered at the annual American Family Foundation conference on May 30, 1997, in Philadelphia, PA.

Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen

Faculty Publications

U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …

The Street Locations: Downtown Cleveland, October 31, 1963, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), consists of a map drawn by Jill Dinneen (SJU Law '99), based on Sanborn maps from the 1950s and 1960s, photographs and eyewitness descriptions of downtown Cleveland then and now; and a key to marked locations on the map.

State Of Ohio V. Richard D. Chilton And State Of Ohio V. John W. Terry: The Suppression Hearing And Trial Transcripts, John Q. Barrett

Faculty Publications

This appendix to Deciding the Stop and Frisk Cases: A Look Inside the Supreme Court’s Conference, 72 St. John’s L. Rev. 749 (1998), includes Biographical Information on the Participants in the Case; and transcripts of the complete pretrial and trial proceedings in the 1964 criminal prosecutions of Richard Chilton and John Terry, arranged by Prof. Barrett to create the organization reflected in the Table of Contents at the beginning of the appendix. Footnotes were added to provide citations and, in a few instances, to clarify the text. Bracketed material was added to correct obvious slips of the tongue or the …

How Reliable Is Medical Malpractice Law? A Review Of "Medical Malpractice And The American Jury: Confronting The Myths About Jury Incompetence, Deep Pockets, And Outrageous Damage Awards" By Neil Vidmar, Jeffrey O'Connell, Christopher Pohl

Journal of Law and Health

No abstract provided.

What We're Not Telling Law Students - And Lawyers - That They Really Need To Know: Some Thoughts-In-Action Toward Revitalizing The Profession From Its Roots, Lawrence S. Krieger

Journal of Law and Health

Part I of this article sets forth a generally encouraging set of propositions about student and attorney life that I have found to be true. If they are, law students and lawyers need to hear them repeatedly. They collectively represent an approach to life and law which, to the extent it is internalized, can increase life satisfaction, raise standards of professional behavior, and relieve many of the kinds of distress that law students and lawyers are prone to experience. Some students seem to bring much of this information with them to law school years and after, do not lose sight …

International Response To Dolly: Will Scientific Freedom Get Sheared , Melissa K. Cantrell

Journal of Law and Health

This Comment will discuss the current threat to scientific freedom posed by absolute bans on human cloning. Parts II and III discuss the response of the United States and the international community to Dolly. Part IV discusses the legal position of scientific freedom in the U.S. and abroad. Finally, Part V will posit that a total ban on human cloning infringes on the freedom of scientific inquiry, and endangers the public by encouraging the establishment of black market cloning clinics.

Standards And Procedures For Determining Whether A Defendant Is Competent To Make The Ultimate Choice - Death; Ohio's New Precedent For Death Row Volunteers, Matthew T. Norman

Journal of Law and Health

Despite the fact that many states will allow a death row defendant to waive his legal appeals in order to hasten his execution date, there are inadequate standards and procedures for determining whether the "volunteer" is first competent to make this ultimate decision of life versus death. To provide background for this issue, this Note will discuss the events initially leading up to the nation's first death row "volunteer", then it will introduce subsequent volunteers of the present day. This Note then will look at what the United States Supreme Court has said about the standards and procedures that are …

Race For Perfection: Children's Rights And Enhancement Drugs, Therese Powers

Journal of Law and Health

This Note will address the question of what are a child's rights when the child's views differ from his or her parents regarding the child's use or refusal of enhancement drugs such as Ritalin and Human Growth Hormone. This Note will begin with a description of Ritalin and Human Growth Hormone along with the uses and abuses of each drug. It will then discuss the evolution of children's rights dealing with situations such as civil commitment, abortion, and medical treatment over religious objection. Furthermore, it will draw comparisons from the case law in these situations to a child's right to …

Prosecuting Teenage Parents Under Fornication Statutes: A Constitutionally Suspect Legal Solution To The Social Problem Of Teenage Pregnancy, Juhi Mehta

Cardozo Journal of Equal Rights & Social Justice

The note argues that the constitutional right to privacy, as established by precedent, protects individuals' decisions regarding childbearing and sexual activity. It critiques the use of archaic fornication statutes to prosecute pregnant teenagers, asserting that such prosecutions impose an undue burden on constitutionally protected freedoms. The analysis emphasizes the need for policies addressing teen pregnancy that prioritize education, access to contraception, and legal reforms over punitive measures.