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Articles 31 - 60 of 229

Full-Text Articles in Legislation

Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy May 2013

Did We Miss The Boat? The Clean Water Act And Sustainability, Ryan P. Murphy

University of Richmond Law Review

No abstract provided.


Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan May 2013

Nonprofit Organizations, For-Profit Corporations, And The Hhs Mandate: Why The Mandate Does Not Satisfy Rfra's Requirements, Jonathan T. Tan

University of Richmond Law Review

No abstract provided.


Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts Mar 2013

Photo Id, Provisional Balloting, And Indiana's 2012 Primary Election, Michael J. Pitts

University of Richmond Law Review

No abstract provided.


Administrative Law, John Paul Jones, Afsana Chowdhury Nov 2012

Administrative Law, John Paul Jones, Afsana Chowdhury

University of Richmond Law Review

What follows is, first, a report of certain developments during the last two years in the administrative law of Virginia, in particular the law governing rule making by state agencies and judicial review of both rules and cases from state agencies and, second, a report of developments in the law relating to Virginia's Freedom of Information Act.


Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace Nov 2012

Labor And Employment Law, Vijay K. Mago, Elizabeth E. Clarke, Eric Wallace

University of Richmond Law Review

No abstract provided.


Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne Nov 2012

Land Use And Zoning Law, Philip Carter Strother, Andrew E. Tarne

University of Richmond Law Review

No abstract provided.


Election Law, Christopher R. Nolen, Jeff Palmore Nov 2012

Election Law, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

Other than a few controversial measures, the 2012 Virginia General Assembly made modest changes to Virginia's laws re-garding the administration and conduct of elections. Most activity in this arena concerned issues that had significant federal election implications: specifically, the adoption of changes to strengthen Virginia's existing voter identification law and the enactment of a congressional redistricting plan. This article surveys developments in Virginia election law for the latter part of 2011and the 2012 General Assembly session. The focus is on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related …


The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman May 2012

The Lost Controversy Limitation Of The Federal Arbitration Act, Stephen R. Friedman

University of Richmond Law Review

No abstract provided.


"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears May 2012

"If The Plaintiffs Are Right, Grutter Is Wrong": Why Fisher V. University Of Texas Presents An Opportunity For The Supreme Court To Overturn A Flawed Decision, Brooks H. Spears

University of Richmond Law Review

No abstract provided.


The Criminal Rules Enabling Act, Max Mizner May 2012

The Criminal Rules Enabling Act, Max Mizner

University of Richmond Law Review

No abstract provided.


Sense And Severability, Tobias A. Dorsey Mar 2012

Sense And Severability, Tobias A. Dorsey

University of Richmond Law Review

No abstract provided.


Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue Mar 2012

Litigating Federal Health Care Legislation And The Interstices Of Procedure, Wendy Collins Perdue

University of Richmond Law Review

No abstract provided.


The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard Mar 2012

The Rhetoric Hits The Road: State Challenges To The Affordable Care Act Implementation, Elizabeth Weeks Leonard

University of Richmond Law Review

No abstract provided.


Corporate And Business Law, Laurence V. Parker Nov 2011

Corporate And Business Law, Laurence V. Parker

University of Richmond Law Review

In the 2011 session, the Virginia General Assembly passed House Bill 2358, Benefit Corporations, to be codified as article 22 (the "Benefit Corporations Article") of the Virginia Stock Corporation Act ("VSCA"). The Benefit Corporations Article is largely based on legislation prepared in other states and allows a Virginia corporation to elect in its articles of incorporation to be treated as a "benefit corporation." These for-profit corporations are required to pursue not only profitability but also a general public benefit and, if one so elects, one or more specific public benefits. In Section II of this article, the author discusses the …


Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore Nov 2011

Election Law And Government Ethics, Christopher R. Nolen, Jeff Palmore

University of Richmond Law Review

The last two years have produced modest "tweaks" to Virginia'selection laws. Most notably, 2011 ushered in the decennial tradition of reapportionment and redistricting. This article surveys developments in Virginia election law for 2010 and 2011 and focuses on those statutory developments that have significance or general applicability to the implementation of Virginia's election laws. Consequently, not every election-related bill approved bythe General Assembly is discussed.


Taxation, Craig D. Bell Nov 2011

Taxation, Craig D. Bell

University of Richmond Law Review

No abstract provided.


Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux Nov 2011

Osha Enforcement Of The "As Effective As" Standard For State Plans: Serving Process Or People?, Courtney M. Malveaux

University of Richmond Law Review

No abstract provided.


Local Government Law, Andrew R. Mcroberts Nov 2011

Local Government Law, Andrew R. Mcroberts

University of Richmond Law Review

No abstract provided.


Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii Nov 2011

Bulls, Bears, And Pigs: Revisiting The Legal Minefield Of Virginia Fraudulent Transfer Law, Isaac A. Mcbeth, Landon C. Davis Iii

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey Nov 2011

Wills, Trusts, And Estates, J. William Gray Jr., Katherine E. Ramsey

University of Richmond Law Review

The 2011 session of the Virginia General Assembly enacted wills, trusts, and estates legislation that: (i) eliminated a potential federal transfer tax trap in inter vivos marital trusts, (ii) interpreted transfer tax formula clauses in light of recent changes in federal law, and (iii) adopted the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. Three other legislative enactments and seven opinions of the Supreme Court of Virginia during the twelve months ending June 1, 2011, addressed issues affecting this field. In addition to addressing those developments, this article summarizes a recent federal district court opinion that dealt with a significant …


Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine May 2011

Economic Policy After A Lost Decade--From Over-Spending To Innovation, Timothy M. Kaine

University of Richmond Law Review

In this article, I want to focus on one aspect of our economic recovery-namely, how do we grow an economy without relying upon debt-fueled overconsumption? I argue that the magnitude of the 2007-2009 collapse was based significantly on unsustainable spending that had propped up the previous expansion. National policy during the first years of the last decade turned a sizable national surplus into a huge deficit through war spending, tax cuts, and expansion of public programs that were not paid for.The spending patterns of American families followed a similar pattern in which traditional savings rates shrunk precipitously while family debt …


Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens May 2011

Mixed Agendas And Government Regulation Of Business: Can We Clean Up The Mess?, Thomas M. Arnold, Jerry L. Stevens

University of Richmond Law Review

The purpose of this article is first to navigate through variousperspectives on government regulation in an effort to develop areasonable and consistent view for regulatory proposals. Parts II and III of this article provide a brief outline of our current regulatory environment and its evolution. Part IV presents arguments for an efficient regulation of business by using market based regulation with a separation of efficiency and equity issues, where feasible. Examples of this regulatory approach appear throughout the article along with suggested reforms.


Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham Mar 2011

Sorry Seems To Be The Hardest Word: The Fair Sentencing Act Of 2010, Crack, And Methamphetamine, Kyle Graham

University of Richmond Law Review

No abstract provided.


Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson Jan 2011

Blowing Out All The Candles: A Few Thoughts On The Twenty-Fifth Birthday Of The Sentencing Reform Act Of 1984, J. C. Oleson

University of Richmond Law Review

No abstract provided.


Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley Nov 2010

Challenging Supremacy: Virginia's Response To The Patient Protection And Affordable Care Act, Matthew R. Farley

University of Richmond Law Review

No abstract provided.


Community Development Authorities, Andrew A. Painter Nov 2010

Community Development Authorities, Andrew A. Painter

University of Richmond Law Review

Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …


Construction Law, Christopher G. Hill Nov 2010

Construction Law, Christopher G. Hill

University of Richmond Law Review

This article will review recent case law and legislative enactments in Virginia of significance to Virginia's contractors, subcontractors, material suppliers and design professionals. The article will also discuss the growing sustainable or "green" building trend in Virginia and elsewhere and the potential issues that this relatively new phenomenon will raise.


Environmental Law, Caleb A. Jaffe, Sean M. Carney Nov 2010

Environmental Law, Caleb A. Jaffe, Sean M. Carney

University of Richmond Law Review

No abstract provided.


Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac Nov 2010

Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac

University of Richmond Law Review

Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2010

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power ofAttorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in thisarea. This article reports on all of these legislative and judicial developments, along with …