Law and Economics Commons^™

The Current State Of Abortion Law In Virginia Leaves Victims Of Domestic And Sexual Violence Vulnerable To Abuse: Why Virginia Should Codify The Right To Abortion In The State Constitution†, Courtenay Schwartz

University of Richmond Law Review

All people must have access to safe and legal reproductive health care—especially victims of sexual and domestic violence who can and do become pregnant because of the violence they experience. This year, the United States Supreme Court overturned Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey in Dobbs v. Jackson Women’s Health Organization. In doing so, the Supreme Court held that the Constitution does not protect the right to an abortion. Though abortion access is currently protected in Virginia, this could change with each new General Assembly session. To guard against the danger that this poses to …

The Business Of Securities Class Action Lawyering, Jessica M. Erickson, Stephen J. Choi, Adam C. Pritchard

Law Faculty Publications

Plaintiffs’ lawyers in the United States play a key role in combating corporate fraud. Shareholders who lose money as a result of fraud can file securities class actions to recover their losses, but most shareholders do not have enough money at stake to justify overseeing the cases filed on their behalf. As a result, plaintiffs’ lawyers control these cases, deciding which cases to file and how to litigate them. Recognizing the agency costs inherent in this model, the legal system relies on lead plaintiffs and judges to monitor these lawyers and protect the best interests of absent class members. Yet …

Why Calls For Shifting To Brandeisian Economic Theory Are Flawed: An Evaluation Of The United States’ And European Union’S Approach To Vertical Mergers, John A. Fortin

University of Richmond Law Review

The tech industry has exploded over the last few decades and progressives are advocating for a shift in antitrust review in the United States (US).1 Seeking a modified economic theory based on the writings of the late Justice Louis Brandeis (Brandeisian economic theory), these advocates seek to control the vertical expansion of dominant tech firms such as Amazon.2 On a broad level, this position argues for a shift of US antitrust regulatory review towards the European Union’s (EU) application of antitrust regulation. This paper provides a review of both US and EU antitrust review, provides a primer on vertical merger …

Characterizing Power For Separation-Of-Powers Purposes, Tuan N. Samahon

University of Richmond Law Review

The U.S. Constitution parcels "legislative," "executive," and "judicial" powers among the separate branches of the federal government, but leaves those powers undefined. Accordingly, characterizing exercises of power becomes an important threshold inquiry in separation-of-powers disputes. This symposium Essay canvasses four competing judicial approaches to the characterization of power: functional inquiry; identity-of-the-officer formalism; historical induction; and skepticism. In this area, Justice Scalia's formalism has been particularly influential but created considerable tension with original public meaning originalism. This Essay explains how Scalia's formalism led to his embrace of delegation and concludes by cautioning against judicial oversimplification in the characterization inquiry.

A Primer On Able Accounts, Christopher T. Mcgee, G. Alisa Ferguson

University of Richmond Law Review

No abstract provided.

I Share, Therefore It's Mine, Donald J. Kochan

University of Richmond Law Review

No abstract provided.

Restating The "Original Source Exception" To The False Claims Act's "Public Disclosure Bar" In Light Of The 2010 Amendments, Joel D. Hesch

University of Richmond Law Review

No abstract provided.

Through The Lens Of Complex Systems Theory: Why Regulators Must Understand The Economy And Society As A Complex System, James M. Giudice

University of Richmond Law Review

No abstract provided.

Innocent Suffering: The Unavailability Of Post-Conviction Relief In Virginia Courts, Kaitlyn Potter

University of Richmond Law Review

This comment examines actual innocence in Virginia: the progress it has made, the problems it still faces, and the possibilities for reform. Part I addresses past reform to the system, spurred by the shocking tales of Thomas Haynesworth and others. Part II identifies three of the most prevalent systemic challenges marring Virginia's justice system: (1) flawed scientific evidence; (2) the premature destruction of evidence; and (3) false confessions and guilty pleas. Part III suggests ways in which Virginia can, and should, address these challenges to ensure that the justice system is actually serving justice.

Equity And Feasibility Regulation, Dov Waisman

University of Richmond Law Review

No abstract provided.

Waging The War Against Unpaid Labor: A Call To Revoke Fact Sheet #71 In Light Of Recent Unpaid Internship Litigation, Rachel P. Willer

University of Richmond Law Review

Part I of this comment provides an overview of prevailing agency and judicial interpretations of unpaid internships. Part II describes recent internship litigation and the trend towards courts abandoning the Wage and Hour Division's six-factor test in favor of a more expansive primary beneficiary test. Part III suggests that Fact Sheet #71 is an outdated model that is inapplicable to contemporary internships. The Wage and Hour Division's six-factor test lacks the "force of law" and should not warrant un- due judicial deference. Alternatively, the primary beneficiary test, articulated in the Second Circuit's holding in Glatt v. Fox Searchlight Pictures, Inc." …

What's Driving Acquisitions? An In-Depth Analysis Of Ceo Drivers Determining Modern Form Acquisition Strategy, Jennifer E. Wuebker

University of Richmond Law Review

Part I provides an overview of the acquisition landscape, including

a brief history of the prevalence and success of acquisitions

as well as an analysis of acquisitions today. Part II outlines

the acquisition process and highlights the importance and dynamics

of decision making, both in principle and in practice. Part

III explores two theories of acquisitive strategy driving CEO decision

making: value enhancement and private interest. Part IV

analyzes the implications of CEO personality and psychological

drivers on acquisition strategy and decision making. This article

argues that CEO traits are central decision drivers, but that no

particular set of traits …

The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan

University of Richmond Law Review

No abstract provided.

Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead

University of Richmond Law Review

No abstract provided.

"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa

University of Richmond Law Review

No abstract provided.

Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes

University of Richmond Law Review

No abstract provided.

Virginia's Water Resource Law: A System Of Exemptions And Preferences Challenging The Future Of Public Health, The Environment, And Economic Development, Jefferson D. Reynolds

University of Richmond Law Review

No abstract provided.

The Mcdonnell Case: A Clarification Of Corruption Law Or A Confusing Application Of Corruption Law, Henry L. Chambers Jr.

University of Richmond Law Review

No abstract provided.

Socioeconomic Integration And The Greater Richmond School District: The Feasibility Of Interdistrict Consolidation, Barry Gabay

University of Richmond Law Review

No abstract provided.

Housing Resource Bundles: Distributive Justice And Federal Low-Income Housing Policy, John J. Infranca

University of Richmond Law Review

No abstract provided.

A Pink Cadillac, An Iq Of 63, And A Fourteen-Year-Old From South Carolina: Why I Can No Longer Support The Death Penalty, Mark Earley Sr.

University of Richmond Law Review

No abstract provided.

The Role Of Race, Poverty, Intellectual Disability, And Mental Illness In The Decline Of The Death Penalty, Stephen B. Bright

University of Richmond Law Review

No abstract provided.

Childcare Market Failure, Meredith J. Harbach

Law Faculty Publications

In the UnitedStates,family law norms and childcare policy have long reflected the view that childcare is a private,family matter.Butchildcare hascrossedtheprivate-publicdivide.In the absence of parents at home providing care, a substantial childcare market has emerged. And that market is failing. Our law, policy, and legal scholarship have yet to recognize and account for this new reality. This Article confronts the problem on its own terms, using economic analysis to diagnose our childcarecrisis as a marketfailure,and makes the casefor more active and explicit government intervention in the childcare market. Economic theory not only helps us understand why the market is failing, but …

Death Penalty Drugs And The International Moral Marketplace, James Gibson, Corinna Barrett Lain

Law Faculty Publications

Across the country, executions have become increasingly problematic as states have found it more and more difficult to procure the drugs they need for lethal injection.At first blush, the drug shortage appears to be the result of pharmaceutical industry norms; companies that make drugs for healing (mostly in Europe) have refused to be merchants of death. But closer inspection reveals that European governments are the true change agents here. For decades, those governments have tried-and failed-to promote abolition of the death penalty through traditional instruments of international law. Turns out that the best way to export their abolitionist norms was …

Abortion And The Constitutional Right (Not) To Procreate, Mary Ziegler

University of Richmond Law Review

No abstract provided.

Curtailment First: Why Climate Change And The Energy Industry Suggest A New Allocation Paradigm Is Needed For Water Utilized In Hydraulic Fracturing, Victor Flatt, Heather Payne

University of Richmond Law Review

No abstract provided.

High-Frequency Trading: A Regulatory Strategy, Charles R. Korsmo

University of Richmond Law Review

No abstract provided.

Synthetic Cdos, Conflicts Of Interest, And Securities Fraud, Jennifer O'Hare

University of Richmond Law Review

No abstract provided.

Reclaim This! Getting Credit Seller Rights In Bankruptcy Right, Lawrence Ponoroff

University of Richmond Law Review

No abstract provided.

Corporate And Business Law, Laurence V. Parker Jr.

University of Richmond Law Review

No abstract provided.