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Articles 151 - 180 of 388
Full-Text Articles in Courts
Clarifying The “Probate Lending” Debate: A Response To Professors Horton And Chandrasekher, Jeremy Kidd Ph.D.
Clarifying The “Probate Lending” Debate: A Response To Professors Horton And Chandrasekher, Jeremy Kidd Ph.D.
Notre Dame Law Review Reflection
The debate over third-party funding of legal claims just got more interesting. The debate already had plot twists, such as free-market scholars lining up in opposition to the U.S. Chamber of Commerce and alongside proplaintiff scholars who they oppose in tort reform debates. Now add to the mix a recent paper by Professors Horton and Chandrasekher that introduced an entirely new angle to the debate: funding of probate disputes. Now that this parallel area of funding has been identified, comparing and contrasting probate funding with litigation funding should illuminate the incentives that funders/recipients face in both scenarios. By pointing out …
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Divide & Concur: Separate Opinions & Legal Change, Thomas B. Bennett, Barry Friedman, Andrew D. Martin, Susan Navarro Smelcer
Faculty Publications
To the extent concurring opinions elicit commentary at all, it is largely contempt. They are condemned for muddying the clarity of the law, fracturing the court, and diminishing the authoritative voice of the majority. But what if this neglect, or even disdain, of concurring opinions is off the mark? In this article, we argue for the importance of concurring opinions, demonstrating how they serve as the pulse and compass of legal change. Concurring opinions let us know what is happening below the surface of the law, thereby encouraging litigants to push the law in particular directions. This is particularly true …
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Failure Of International Law In Palestine, Svetlana Sumina, Steven Gilmore
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
International Courts Improve Public Deliberation, Shai Dothan
International Courts Improve Public Deliberation, Shai Dothan
Michigan Journal of International Law
The paper starts with the effects of international courts on the broader public and narrows down to their influence on a small elite of lawyers. Part I suggests that international courts captivate the public imagination, allowing citizens to articulate their rights. Part II demonstrates how governments, parliaments, and national courts around the world interact with international courts in ways that improve public deliberation. Part III studies the global elite of lawyers that work in conjunction with international courts to shape policy. Part IV concludes by arguing that the dialogue fostered between international courts and democratic bodies does, in fact, lead …
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
Prisoner's Dilemma—Exhausted Without A Place Of Rest(Itution): Why The Prison Litigation Reform Act's Exhaustion Requirement Needs To Be Amended, Ryan Lefkowitz
The Scholar: St. Mary's Law Review on Race and Social Justice
The Prison Litigation Reform Act (PLRA) passed in 1996 in an effort to curb litigation from prisoners. The exhaustion requirement of the PLRA requires prisoners to fully exhaust any administrative remedies available to them before filing a lawsuit concerning any aspect of prison life. If a prisoner fails to do so, the lawsuit is subject to dismissal. The exhaustion requirement applies to all types of prisoner lawsuits, from claims filed for general prison conditions to excessive force and civil rights violations. It has been consistently and aggressively applied by the courts, blocking prisoners’ lawsuits from ever going to trial. Attempts …
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
Trapped In The Shackles Of America's Criminal Justice System, Shristi Devu
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
Take This Job And Shove It: The Pragmatic Philosophy Of Johnny Paycheck And A Prayer For Strict Liability In Appalachia, Eugene "Trey" Moore Iii
The Scholar: St. Mary's Law Review on Race and Social Justice
Abstract forthcoming
Taft, Frankfurter, And The First Presidential For-Cause Removal, Aditya Bamzai
Taft, Frankfurter, And The First Presidential For-Cause Removal, Aditya Bamzai
University of Richmond Law Review
In the fall of 1912—while one of the most consequential presidential campaigns in United States history raged around them— William Howard Taft, Felix Frankfurter, and a handful of officials within the federal government initiated a process to remove two members of the Board of General Appraisers (“Board”) for inefficiency, neglect of duty, and malfeasance in office. The process culminated in President Taft’s for-cause dismissal of the two members, Thaddeus Sharretts and Roy Chamberlain, on the very last day that he served as President, after he received a report recommending their firing from a “committee of inquiry” that included Frankfurter.
Rethinking Bail Reform, Wendy R. Calaway, Jennifer M. Kinsley
Rethinking Bail Reform, Wendy R. Calaway, Jennifer M. Kinsley
University of Richmond Law Review
The issue of pretrial detention is part of a larger, national conversation on criminal justice reform. However, no single issue permeates the landscape of criminal justice like the treatment of pretrial defendants. The policies and practices around pretrial detention have contributed to the country’s mass incarceration numbers; created a crisis for local jail management; generated unsustainable budgets; and raised important questions about race, class, and the constitutional implications of incarcerating people because they are too poor to pay a money bond. Legal scholars have written about the issue, highlighting the inequities and constitutional difficulties with such a system. Much of …
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
Free Exercise And Comer: Robust Entrenchment Or Simply More Of A Muddle?, Mark Strasser
University of Richmond Law Review
Several states are barred by their own constitutions from spending public monies in support of sectarian institutions. The United States Supreme Court has manifested great ambivalence about the constitutionality of such limitations. Sometimes, the Court has impliedly endorsed them as a reasonable measure to assure that Establishment Clause guarantees are respected. At other times, the Court has suggested that such limitations are constitutionally disfavored, although the Court has not yet held that such amendments are per se unconstitutional. The Court’s most recent decision addressing state constitutional spending limitations, Trinity Lutheran Church of Columbia, Inc. v. Comer, adds another layer of …
Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger
Rapid Dna Testing And Virginia's Rape Kit Backlog: A Double-Edged Sword Masquerading As A Miracle, Or The Future Of Forensic Analysis?, Emma C. Greger
University of Richmond Law Review
While Rapid DNA technology has the potential to revolutionize every aspect of the criminal justice system, from arrest to the postconviction appeals process, there has been particular excitement centered around its potential to reduce the rape kit backlog.
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
Non-Contact Excessive Force By Police: Is That Really A Thing?, Michael J. Jacobsma
University of Richmond Law Review
When people hear the words “police” and “excessive force,” they usually associate those words with an unjustified assault and battery, or lethal force made against suspects by law enforcement officers during an arrest or investigation. When such acts occur, the victim of the excessive force has the right to pursue a civil action against the police officer pursuant to 42 U.S.C. § 1983 if committed by state or local police, or a Bivens action if committed by federal agents. But can a police officer be sued for excessive force without making any physical contact with the plaintiff? The answer to …
Judge Merhige's Environmental Decisions: Expert Handling Of Groundbreaking Environmental Rulings And Complex Federal Jurisdictional Questions, Jim Vines
University of Richmond Law Review
It is a special privilege for me to contribute to this edition of the University of Richmond Law Review honoring Judge Robert R. Merhige, Jr. Here, I seek to highlight his contributions to United States environmental law. In 1988 and 1989, I was one of two recent law school graduates who clerked for Judge Merhige (“please call me by my first name; it’s ‘Judge’”). The Judge was a larger than life figure. As a federal trial judge, historically important and intellectually challenging cases seemed to find their way into his court in a volume not matched in many other federal …
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie R. Abrams
The #Metoo Movement: An Invitation For Feminist Critique Of Rape Crisis Framing, Jamie R. Abrams
University of Richmond Law Review
This article invites feminists to leverage the #MeToo Movement as a critical analytical tool to explore the longevity of the enduring rape crisis framing of victim services. Long before the #MeToo Movement, victim services in communities nationwide were framed around a crisis model. For nearly half a century, victims have visited rape crisis centers, called rape crisis hotlines, and mobilized rape crisis response teams to provide services and support. This enduring political and social framing around rape as a crisis is opaque, has prompted a political backlash, and risks distorting hard-fought feminist legal, social, and political battles. It has yielded …
Race, Speech, And Sports, Matthew J. Parlow
Race, Speech, And Sports, Matthew J. Parlow
University of Richmond Law Review
Race, sports, and free speech rights intersected in a very controversial and public way during the 2016 and 2017 National Football League (“NFL”) seasons. On August 26, 2016, Colin Kaepernick spurred a national debate when he refused to stand during the playing of the national anthem before the NFL preseason game between the Green Bay Packers and the San Francisco 49ers, Kaepernick’s team at the time.
You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe
You Could Have Told Me That In The First Place: Five Tips That Might Have Saved A Young Lawyer A Lot Of Trouble, Jay O'Keeffe
University of Richmond Law Review
I will open with a confession: I have very, very little to contribute to legal scholarship. My day-to-day work as a lawyer and a parent keeps me busy. My career to date as a generalist has not led me to develop any great substantive expertise in a particular area of the law. Even my war stories are boring because they cluster around briefs, procedural defaults, and oral arguments. But I do have one thing to offer. I have been lucky in my career to work in “Biglaw,” then at a medium-sized firm of about fifty lawyers, and most recently at …
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
The Invisible Minority: Discrimination Against Bisexuals In The Workplace, Elizabeth Childress Burneson
University of Richmond Law Review
The Lesbian, Gay, Bisexual, Transgender, and Queer (“LGBTQ+”) community has won major legal victories in the last twenty years, but at least one group remains left behind in those victories. The bisexual population is often ignored, erased, and discriminated against by both homosexual and heterosexual individuals and communities. This is true despite the fact that bisexuals outnumber both lesbian women and gay men. This erasure and discrimination affects bisexuals in different areas of life and the law, including the employment context. Title VII of the Civil Rights Act of 1964 (“Title VII”), which protects against employment discrimination on the basis …
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Due Process And The Right To Legal Counsel For Unaccompanied Minors, Marielos G. Ramos
Dissertations, Theses, and Capstone Projects
Unaccompanied minors arriving to the United States fleeing violence and seeking protection are apprehended, detained in facilities, and placed in removal proceedings in accordance with U.S. immigration laws. Like adults, these children have to appear in immigration court to fight deportation and must apply for any form of legal relief for which they may be eligible. However, removal proceedings work as a civil and not a criminal process, and immigration laws have established that while noncitizens have the right to an attorney, they are not entitled to legal counsel at the government’s expense. This thesis examines how the denial of …
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
A Philosophical Defense Of Judicial Minimalism, Cory A. Evans
Dissertations, Theses, and Capstone Projects
This dissertation analyzes, criticizes and ultimately defends judicial minimalism, a contemporary theory of judging that has come to the forefront of American jurisprudence in the early part of the 21st Century. In this dissertation I offer the first formal definition of judicial minimalism, apply that definition to case law and the literature, refute many objections to judicial minimalism including objections based on tough case counterexamples, offer a new version of the argument of epistemic humility and offer a new argument in support of judicial minimalism from the perspective of law and economics.
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing
Texas A&M Law Review
During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems …
Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt
Give Me Your Tired, Your Poor, Your Pregnant: The Jurisprudence Of Abortion Exceptionalism In Garza V. Hargan, Kaytlin L. Roholt
Texas A&M Law Review
Since a majority of Supreme Court justices created the abortion right in 1973, a troubling pattern has emerged: The Supreme Court has come to ignore—and even nullify—longstanding precedent and legal doctrines in the name of preserving and expanding the abortion right. And with a Supreme Court majority that is blithe to manipulate any doctrine or principle—no matter how deeply rooted in U.S. legal tradition—in the name of expansive abortion rights, it should come as no surprise that lower courts are following suit. Most recently, the D.C. Circuit fired up the “ad hoc nullification machine,” but this time, its victim of …
Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman
Standing In The Way Of Our Goals: How The Best Interest Of The Child (Whatever That Means) Is Never Reached In Texas Due To Lack Of Standing For Third-Party Parents, Jessica Nation Holtman
Texas A&M Law Review
Currently in Texas, standing options for third-party nonparents seeking to file suits affecting the parent-child relationship (“SAPCRs”) are extremely limited. And, even though the standing options are codified, the evidence necessary to meet the threshold elements may be drastically different depending on the case’s location. These third parties, who have previously exercised parental responsibilities, must make showings to the court that most divorced parents could not make; and this is just for a chance to bring a claim in court. While this seems unfair, and Texas should absolutely resolve the split among its appellate courts, there is one extremely important …
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Bit By Bit: Breaking Down The Ninth Circuit's Frameworks For Jury Misconduct In The Digital Age, Jesse Gessin
Nevada Law Journal
No abstract provided.
Potential Jurors’ Perceptions Of Polygraphs In Court, Jacob Schiess
Potential Jurors’ Perceptions Of Polygraphs In Court, Jacob Schiess
Boise State University Theses and Dissertations
The polygraph occupies a contentious place in the justice system. The instrument detects various physical responses and records these results, and the examiner interprets the readings and makes a determination on whether the test subject was truthful or deceptive. Polygraphs are, in some jurisdictions, a part of the court process and in others are forbidden. On the whole, there is less research on the polygraph and their permissibility in the legal process compared to other types of evidence. There is even less research on the opinions of jurors, especially compared to surveys of criminal justice professionals. That which is present …
Reconsidering Selective Conscientious Objection, Andrew J. Haile
Reconsidering Selective Conscientious Objection, Andrew J. Haile
University of Richmond Law Review
In 1971, in the midst of the Vietnam War, the United States Supreme Court decided that to qualify as a conscientious objector (“CO”) one must oppose all war, and not just a particular war. The Court’s decision in Gillette v. United States turned on its interpretation of section 6(j) of the Military Selective Service Act. Section 6(j) provided, in relevant part, that no person shall “be subject to combatant training and service in the armed forces of the United States who, by reason of religious training and belief, is conscientiously opposed to participation in war in any form.” According to …
Enforcing Statutory Maximums: How Federal Supervised Release Violates The Sixth Amendment Rights Defined In Apprendi V. New Jersey, Danny Zemel
University of Richmond Law Review
The Sixth Amendment commands that “[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed.” Trial by a jury of one’s peers is a fundamental American legal right, existing in the earliest colonies before being codified in both Article III of the Constitution and the Sixth Amendment. The jury trial right derives from “the mass of the people,” ensuring that “no man can be condemned of life, or limb, or property, or reputation, without the concurrence of the …
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
The Honorable Robert R. Merhige, Jr.: A Series On His Life And Career, Stephen N. Scaife
University of Richmond Law Review
No abstract provided.
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
The Conscience Of Virginia: Judge Robert R. Merhige, Jr., And The Politics Of School Desegregation, Robert A. Pratt
University of Richmond Law Review
The United States Supreme Court’s 1954 landmark decision in Brown v. Board of Education declared that segregation in public education violated the Fourteenth Amendment to the United States Constitution. For the millions of African Americans who had endured decades of separate and unequal schooling, this decision was a resounding reaffirmation of the nation’s commitment to equal justice under the law. But those who expected segregated schools to end overnight were in for a rude awakening. The National Association for the Advancement of Colored People (“NAACP”), which had led the legal assault against segregation since its founding in 1909, was encouraged …
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
The Honorable Robert R. Merhige, Jr.: A Judge Ahead Of His Time, Wayne A. Logan
University of Richmond Law Review
When one thinks about it, it is really quite incredible: a Brooklyn-born son of Lebanese and Irish immigrants with a distinct New York accent, standing well under six feet tall, attends a small North Carolina college on a basketball scholarship; serves with distinction in a bombing squadron in World War II; graduates from the University of Richmond School of Law (paying his way by serving as a night librarian); excels at the practice of law in a city (Richmond) not renowned for its receptivity to Yankees; wins election as president of the city’s Bar; and upon being appointed to the …
Underdeveloped And Over-Sentenced: Why Eighteen- To Twenty-Year-Olds Should Be Exempt From Life Without Parole, Emily Powell
Underdeveloped And Over-Sentenced: Why Eighteen- To Twenty-Year-Olds Should Be Exempt From Life Without Parole, Emily Powell
University of Richmond Law Review
Sentencing eighteen- to twenty-year-olds to life without parole should be considered cruel and unusual because it is disproportionate to this class of offenders’ culpability.