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Legislation Commons™

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University of Richmond

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Articles 151 - 180 of 304

Full-Text Articles in Legislation

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles May 2008

Is The Ban On Participation In Political Campaigns By Charities Essential To Their Vitality And Democracy? A Reply To Professor Tobin, Johnny Rex Buckles

University of Richmond Law Review

No abstract provided.


The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer May 2008

The $62 Million Question: Is Virginia's New Center To House Sexually Violent Prisoners Money Well Spent?, Molly T. Geissenhainer

University of Richmond Law Review

This comment examines Virginia's current civil commitment statute for sexual predators and attempts to identify areas where Virginia should concentrate its limited resources in order to address more adequately the ever-increasing problem of what to do with sex offenders. Part II briefly describes why sex offenders present law enforcement with unique problems in prevention and deterrence. Part III details the history of civil commitment legislation. Part IV examines Supreme Court of the United States jurisprudence regarding the constitutionality of sex offender civil commitment statutes. Part V examines the Virginia Sexually Violent Predator Act. Part VI briefly considers current violent sexual …


Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget May 2008

Did Gebser Cause The Metastasization Of Sexual Harassment Under Title Ix Ten Years Later, Justin F. Paget

University of Richmond Law Review

This comment will evaluate the criticism of Gebser in two novelways, now that ten years have passed since the Supreme Court issued the decision. Part II will provide pertinent background information on Title IX. Part III will identify the problem sexual harassment in educational institutions poses for this country's youth. Part IV will discuss the development of Title IX sexual harassment jurisprudence, including the Gebser decision. Part V will address the foundation of the criticism fired at Gebser's adoption of an actual notice and deliberate indifference standard of institutional liability from two fresh perspectives. First, the policybehind agency principals will …


Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr. Mar 2008

Save America: Stop Illegal Immigration, Hon. Virgil H. Goode Jr.

University of Richmond Law Review

Security is an overriding issue confronting the United States, and if we want enhanced security, illegal immigration must be stopped. In fact, illegal immigration is an addiction that the United States must break, or it will break the United States.


A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo Mar 2008

A New "U": Organizing Victims And Protecting Immigrant Workers, Leticia M. Saucedo

University of Richmond Law Review

This article explores the viability and potential effectiveness of immigration law's U visa to contribute to the protection of groups of workers in substandard and dangerous workplaces. Immigration law has increasingly become an obstacle to the enforcement of employment and labor law to protect immigrant workers.Moreover, employment and labor law, with their individual rights frameworks, have proven blunt instruments in eradicating the type of subordinating, sometimes slave-like conditions of immi-grant workers, especially those in low-wage industries. The federal government recently issued long-awaited regulations govern-ing U nonimmigrant visas for certain crime victims. Several of the enumerated eligible crimes in the U …


Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich Mar 2008

Help Wanted: Looking For A Visa System The Promotes The U.S. Economy And National Security, Jonathan G. Goodrich

University of Richmond Law Review

No abstract provided.


Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho Mar 2008

Birthright Citizenship, The Fourteenth Amendment, And State Authority, James C. Ho

University of Richmond Law Review

No abstract provided.


Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral Mar 2008

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.


Issue 3: Table Of Contents Jan 2008

Issue 3: Table Of Contents

University of Richmond Law Review

No abstract provided.


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr. Nov 2007

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Jr.

University of Richmond Law Review

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes tothe law enacted by the Virginia General Assembly in the areas ofcriminal law and procedure.


Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne Nov 2007

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.


Health Care Law, Sean P. Byrne, Paul Walkinshaw Nov 2007

Health Care Law, Sean P. Byrne, Paul Walkinshaw

University of Richmond Law Review

Arguably, no other field of law in Virginia matches the complexity, magnitude, and universality of health care. It therefore comes as little surprise that Virginia's legislative and judicial branches of government devoted substantial attention to health care law issues in 2006 and 2007. Between April 2006 and April 2007 the time period covered by this article the Supreme Court of Virginia decided a large number of cases directly affecting health care law in the Commonwealth. The 2007 legislative session also addressed a host of health care issues and those with the most impact are summarized herein. These judicial and legislative …


Rethinking Dui Law In Virginia, Monte Kuligowski Nov 2007

Rethinking Dui Law In Virginia, Monte Kuligowski

University of Richmond Law Review

As the demand for safer roadways needs little supporting argument, I turn to the constitutional problem of strict criminal liability law, followed with a brief analysis of criminal intent and strict liability law within the criminal system, some examples of how other states have responded to the inherent tensions, and a few specific thoughts for the legislature to consider.


Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour Nov 2007

Federal Campaign Finance Reform Based On Virginia Election Law, Rhodes B. Ritenour

University of Richmond Law Review

No abstract provided.


The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land Nov 2007

The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land

University of Richmond Law Review

No abstract provided.


Environmental Law, Brooks Meredith Smith, Andrea West Wortzel Nov 2007

Environmental Law, Brooks Meredith Smith, Andrea West Wortzel

University of Richmond Law Review

No abstract provided.


Family And Juvenile Law, Lynne Marie Kohn Nov 2007

Family And Juvenile Law, Lynne Marie Kohn

University of Richmond Law Review

No abstract provided.


Labor And Employment Law, W. David Paxton, Gregory R. Hunt Nov 2007

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard Nov 2007

Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard

University of Richmond Law Review

This article summarizes the major developments in Virginia civil practice and procedure over the past two years, specifically covering significant decisions by the Supreme Court of Virginiaand changes to the Rules of the Supreme Court of Virginia dating from April 22, 2005, to April 20, 2007. The article also addresses legislative enactments by the General Assembly in its 2005 and 2006 sessions.


The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard Sep 2007

The Bridge At Jamestown: The Virginia Charter Of 1606 And Constitutionalism In The Modern World, A.E. Dick Howard

University of Richmond Law Review

No abstract provided.


Improving Accuracy In Criminal Cases, Erik Lillquist May 2007

Improving Accuracy In Criminal Cases, Erik Lillquist

University of Richmond Law Review

No abstract provided.


The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin May 2007

The Meaning Of Life (Or Limb): An Originalist Proposal For Double Jeopardy Reform, Justin W. Curtin

University of Richmond Law Review

No abstract provided.


Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz May 2007

Pay Now, Execute Later: Why Counties Should Be Required To Post A Bond To Seek The Death Penalty, Adam M. Gershowitz

University of Richmond Law Review

No abstract provided.


Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer Nov 2006

Constitutional Crisis In The Commonwealth: Resolving The Conflict Between Governors And Attorneys General, Michael Signer

University of Richmond Law Review

In this article, I argue the solution to agency conflict and the broader problem of establishing the proper scope of executive authority lies in establishing that Virginia has a "statutory" rather than a "common-law" model of the Attorney General's powers, and that the Office of the Attorney General is therefore circumscribed by statute. Contrary to popular understanding, I will argue that Wilder v. Attorney General of Virginia effectively establishes Virginia as a statutory state and resolves the conflict in favor of the Governor. Because the Supreme Court of Virginia is unlikely to act more strongly in favor of the statutory …


Election Law, Christopher R. Nolen Nov 2006

Election Law, Christopher R. Nolen

University of Richmond Law Review

Advances in Virginia's election law happen incrementally. This year was typical in that regard. While over one hundred bills and resolutions pertaining to elections were introduced in the 2006 Regular Session of the General Assembly, the legislature was judicious in its approval of election related legislation. This article surveys recent developments in Virginia's election laws by focusing on those legislative enactments and judicial decisions that are significant, interesting, or show some developing trend in the area of election law.


Family And Juvenile Law, Robert E. Shepherd Jr. Nov 2006

Family And Juvenile Law, Robert E. Shepherd Jr.

University of Richmond Law Review

No abstract provided.


Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews Nov 2006

Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews

University of Richmond Law Review

With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.


Taxation, Craig D. Bell Nov 2006

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affect- ing Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Attorney General of Virginia over the past year. The overall purpose ofthis article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2006

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections ofthe Virginia Code in its 2006 Session. In addition, there were sixopinions from the Supreme Court of Virginia during the periodcovered by this review that presented issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.


Labor And Employment Law, David C. Burton, Melissa L. Lykins Nov 2006

Labor And Employment Law, David C. Burton, Melissa L. Lykins

University of Richmond Law Review

No abstract provided.