Civil Law Commons^™

Reputation Reconsidered, James Gibson

Law Faculty Publications

Reputation has a great reputation. We know this because the law values, venerates, and subsidizes reputation in many ways. Contract law relies on it as a means of disciplining the market without the need for intrusive regulation. Defamation law lets individuals and businesses seek relief when their reputations are sullied. Trademark law grants exclusive rights in order to encourage rightsholders to invest in their reputations. In these fields and others, the law views reputation as an important, socially positive good.

This faith in the integrity and value of reputation is unwarranted. Our impression of any given business is subject to …

Brief Of Amici Curiae In Support Of Reversal On Question One, James Gibson

Law Faculty Publications

The Fourth Circuit’s decision to impose contributory liability Cox Communications, Inc. rests on a fundamental misapprehension of Cox’s role as a “conduit” Internet Service Provider. Conduits merely transmit data between endpoints; unlike content-hosting platforms like YouTube or search engines like Google, conduits do not store, curate, or control user content. They merely transmit data on behalf of third parties, and they have no ability to monitor the data they transmit. By treating Cox’s passive provision of Internet access and data transmission as a knowing, material contribution to infringement, the Fourth Circuit collapsed the crucial legal distinction between conduits and hosts, …

John Coxe's Exchequer Reports, William Hamilton Bryson

Law Faculty Publications

John Coxe was born circa 1695. He was the eldest son of Charles Coxe (c. 1661-1728), a bencher and treasurer of Lincoln's Inn and member of Parliament. John Coxe matriculated at Magdalen College, Oxford, on 23 January 1712, and he was admitted as a student at Lincoln's Inn on 27 January 1712; he was called to the bar in 1718, and made a bencher in 1743. On the death of his father in 1728, he inherited Nether Lypiatt, in Gloucestershire, an imposing manor house that his father had built in 1717. He was the Clerk of the Letters Patent from …

Stopping The Cycle Of Abuse Before It Starts: An Evaluation Of Virginia's Domestic Violence Primary Prevention Model In Schools, Amanda Palini

Law Student Publications

In 1994 the United States was faced with a domestic violence epidemic that led Congress to pass the Violence Against Women Act (VAWA). The Act was passed to respond to the needs of victims, particularly women, who are at the highest risk of victimization in crimes such as domestic violence and sexual assault. While domestic violence has been recognized as an important public health problem, most services provided are focused on after-the-fact interventions rather than prevention.

Many states, including Virginia, have since created domestic violence prevention programs, added preventative requirements to their state code, and tasked their respective Departments of …

Wills, Trusts, And Estates, Allison A. Tait, Hunter M. Glenn

University of Richmond Law Review

This year’s legislative and judicial activity surrounding wills, trusts, and estates did not bring any radical shifts in the law, but rather expansions and clarifications. In the legislative realm, the bulk of the activity centered on expanding protections for parties under guardianship, with a sensitivity to safeguarding vulnerable parties from neglect or even predation. The new rules aim to increase transparency in process, preserve confidential financial information, and ensure minimums of care and contact. The rules affect these goals by providing for more transparency through notice requirements as well as required written filings. Moreover, they protect parties under guardianship by …

Taxing The New With The Old: Capturing The Value Of Data With The Corporate Income Tax In Virginia, Coleman H. Cheeley

University of Richmond Law Review

The Commonwealth of Virginia markets itself as “The Largest Data Center Market in the World.”In 2019, the Northern Virginia market alone was the largest in the United States by inventory, with room to grow. In 2021, data centers in Northern Virginia required an estimated 1,686 megawatts of power; that number is expected to increase by 200 megawatts in the near future, reflecting data centers currently under development. For reference, in 2022, it was estimated that more than 100 homes could be powered by one megawatt of solar power in Virginia. Historically, data centers have been located in the Commonwealth due …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article discusses Supreme Court of Virginia and, for the first time, Court of Appeals of Virginia analysis of procedural issues. The Article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year.

The Article first addresses opinions of the supreme court and court of appeals, then new legislation enacted during the 2023 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

The Nil Glass Ceiling, Tan Boston

University of Richmond Law Review

Name, image, and likeness (“NIL”) produced nearly $1 billion in earnings for intercollegiate athletes in its inaugural year. Analysts argue that the shockingly high totals result from disproportionate
institutional support for revenue-generating sports.

Although NIL earnings have soared upwards of eight figures to date, first-year data reveals that significant gender disparities exist. Such disparities raise Title IX concerns, which this Article illustrates using a hypothetical university and NIL collective. As such, this Article reveals how schools can facilitate gender discrimination through NIL collectives, contrary to Title IX. Although plainly applicable to NIL transactions in which schools are involved, Title IX’s …

Executive Order 14036: Promoting Competition?, Holly E. Fredericksen

University of Richmond Law Review

Four million Americans left their jobs in July 2021. By the end of that month, the number of open jobs reached an all-time high: 10.9 million. Employees are walking out the door in record numbers as part of a trend so remarkable, we even gave it a name: the Great Resignation. With 4.3 million Americans quitting their jobs in January 2022 and 11.3 million job openings, the Great Resignation is only gaining momentum and showing no signs of slowing down.

And as a consequence of employees exiting in droves, employers are hurting. According to The Work Institute, turnover costs employers …

Going The Extra Mile: Expanding The Promoting Affordable Housing Near Transit Act, Emily R. Casey

University of Richmond Law Review

The Promoting Affordable Housing Near Transit Act (“Act”), introduced in Congress in June 2021 and signed into law six months later, proposes a goal of balancing the disproportionately-high costs of housing and transportation felt by lower-income families by combining these resources in one project: transit-oriented housing developments. Middle-income and wealthy suburbanites have ready access to cities by car, but lower-income urbanites lack access to the suburbs without a private vehicle. While the goal of the Act recognizes this disparate outcome, the Act’s failure to include expansion of mass transit into the suburbs will continue to restrict low-income minorities to urban …

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliott Hollman

University of Richmond Law Review

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Solving Slapp Slop, Nicole J. Ligon

University of Richmond Law Review

In a substantial minority of states, wealthy and powerful individuals can, without much consequence, bring defamation lawsuits against the press and concerned citizens to silence and intimidate them. These lawsuits, known as “strategic lawsuits against public participation” (“SLAPP”s), are brought not to compensate a wrongfully injured person, but rather to discourage the defendants from exercising their First Amendment rights. In other words, when well resourced individuals feel disrespected by public criticism, they sometimes sue the media or concerned citizens, forcing these speakers to defend themselves in exorbitantly expensive defamation actions. In states without anti-SLAPP statutes—statutes aimed at protecting speakers from …

“Fundamental Fairness”: Finding A Civil Right To Counsel In International Human Rights Law, Meredith Elliot Hollman

Law Student Publications

Every other Western democracy now recognizes a right to counsel in at least some kinds of civil cases, typically those involving basic human rights. The World Justice Project’s 2021 Rule of Law Index ranked the United States 126th of 139 countries for “People Can Access and Afford Civil Justice.” Within its regional and income categories, the United States was dead last. The United Nations and other international treaty bodies have urged the United States to improve access to justice by providing civil legal aid. How did we fall behind, and what can we learn from the rest of the world? …

Alexander Forrester's Chancery Reports, William Hamilton Bryson

Law Faculty Publications

This is a new edition of Alexander Forrester's Chancery reports. It is based upon the best manuscript copy that has survived, Lincoln's Inn MSS. Misc. 52 and Misc. 54, and the first printed edition. The edition that was first published in 1741 included only the cases from 1732 to 1739. Compared to the copy in Lincoln's Inn, they are not much different in quality from each other. The cases in the 1741 edition are the basis for this edition as far as they go. The learned apparatus of the third edition by John Griffith Williams (d. 1799) has not been …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This Article analyzes the past year of Supreme Court of Virginia opinions, revisions to the Virginia Code, and Rules of the Supreme Court of Virginia impacting civil procedure here in the Commonwealth. On top of those changes, dealing with the pandemic certainly was a trying time for practitioners, the judiciary, and all those involved in the administration of justice and the law. The author appreciates the sacrifices made by all those individuals and sympathizes with all who lost a loved one in this time.

The Article first addresses opinions of the Supreme Court of Virginia, then new legislation enacted during …

Reports Of Cases In The Court Of Exchequer In The Middle Ages (1295-1496), William Hamilton Bryson

Law Faculty Publications

The basic and original jurisdiction of the Court of Exchequer, which was a part of the royal Treasury, was to decide legal disputes over the revenues of the king and the Kingdom of England, Wales, and the Town of Berwick. The substance of this jurisdiction was the financial rights of the crown according to the common law of England and the equity thereof. The Court of Exchequer also decided legal disputes between private parties where one of the parties was an officer of the court, an accountant to the crown who was under the active jurisdiction of the court in …

The People's Lawyer: The Role Of Attorney General In The Twenty-First Century, Mark J. Herring

University of Richmond Law Review

For the last five years, it has been my privilege to serve the people as their attorney general. The origin of the position of attorney general can be traced back centuries, but in a world that has become more interconnected, complex, and fast-paced, what does the role of a state attorney general entail in the twenty-first century and beyond? Is the proper role as a diligent but reactive defender of statutes and state agencies, or is there a deeper responsibility that calls for a more proactive and engaged use of its tools and authority? I have found that the job …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

This article addresses changes and notable analyses in approximately a year’s worth of Supreme Court of Virginia opinions, passed legislation, and revisions to the Rules of the Supreme Court of Virginia affecting Virginia civil procedure.1 This article is not meant to be all-encompassing, but it does endeavor to capture the highlights of changes or analyses regarding Virginia civil procedure. The opinions discussed throughout this article do not all reflect changes in Virginia jurisprudence on civil procedure. Some address clarifications or reminders from the court on certain issues it has deemed worthy of addressing (and that practitioners continue to raise). The …

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.

Rethinking Removal And "Relates To": International Arbitration Disputes And The N.Y. Convention, Holly Wilson

University of Richmond Law Review

Part I explores the historical roots of the Convention,

discusses the evolution of its removal provisions, and explains how

it functions in the district courts today. Part II addresses the arguments

in favor of reverting to the Ruhrgas standard. This article

demonstrates that the current judicial interpretation of the Convention's

removal provisions under Beiser is too broad and that the

stricter construction under Ruhrgas should be re-adopted. Part II

examines three key reasons why the current Beiser standard is unworkable:

the current standard (1) leads to absurd results, (2) disrespects

notions of federalism and strains comity, and (3) in conjunction …

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

Law Student Publications

"State legislatures can indirectly, but effectively, restrict constitutional rights by enacting statutes that create a private cause of action. This is possible when the cause of action creates potential damages that are so severe as to de facto compel people and entities from engaging in certain conduct. For example, if a statute allows private citizens to sue a person when that person engages in X, then individuals and entities may cease to engage in X if the possible liability arising from engaging in X is too significant. When the United States Constitution protects the conduct that the statute de facto, …

Civil Practice And Procedure, Christopher S. Dadak

University of Richmond Law Review

No abstract provided.

Reform Virginia's Civil Asset Forfeiture Laws To Remove The Profit Incentive And Curtail The Abuse Of Power, Rob Poggenklass

University of Richmond Law Review

Part I of this article will review the historical roots of civil asset

forfeiture law. Part II will provide a more modern history of these

laws and an overview of Virginia's current asset forfeiture

scheme. Part III will examine the criticism of Virginia's drugrelated

civil asset forfeiture laws and highlight due process concerns,

risk of abuse of power, and misallocation of priorities due

to the structure of these laws in Virginia. Finally, Part IV will

provide recommendations to reform Virginia's civil asset forfeiture

laws.

Miscellaneous Reports Of Cases In The Court Of Delegates From 1670 To 1750, William Hamilton Bryson

Law Faculty Publications

In 1971, G. I. O. Duncan published a learned and useful book entitled The High Court of Delegates. This excellent treatise describes the jurisdiction, administration, procedures, and records of this court with exceptional clarity. In 2004, the substantive law of the Court of Delegates was fully and admirably expounded by R. H. Helmholz in The Oxford History of the Laws of England, Volume 1, The Canon Law and Ecclesiastical Jurisdiction from 597 to the 1640s. For the next step in the study of this court to be taken, more of the source materials from this court needs to be made …

Civil Practice And Procedure, John R. Walker, Jaime B. Wisegarver

University of Richmond Law Review

No abstract provided.

The "Test"--Or Lack Thereof--For Issuance Of Virginia Temporary Injunctions: The Current Uncertainty And A Recommended Approach Based On Federal Preliminary Injunction Law, Hon. David W. Lannetti

University of Richmond Law Review

No abstract provided.

Does The Presumption Of Validity Matter? An Experimental Assessment, Jeremy W. Brock

University of Richmond Law Review

No abstract provided.

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. PartIII discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.

It's Time For Revenge Porn To Get A Taste Of Its Own Medicine: An Argument For The Federal Criminalization Of Revenge Porn, Taylor Linkous

Law Student Publications

This comment analyzes the various potential legal approaches to dealing with revenge porn and posits that a federal law criminalizing the dissemination of revenge porn is necessary to combat this growing trend. Part II provides background information on revenge porn and further analyzes how the successful relationship between technology and pornography led to the rise of revenge porn. Part III analyzes the different civil remedies currently available to revenge porn victims and argues these are not practicable solutions. Part IV discusses the current state laws criminalizing revenge porn and the legal challenges faced by those affected by revenge porn and …

Nonsuit In Virginia Civil Trials, Richard G. Moore

University of Richmond Law Review

No abstract provided.