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Articles 31 - 60 of 77
Full-Text Articles in Litigation
Election Law, Christopher R. Nolen, Jeff Palmore
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 Managerial Judge Goes To Trial, Elizabeth G. Thornbug
The Managerial Judge Goes To Trial, Elizabeth G. Thornbug
University of Richmond Law Review
No abstract provided.
Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore
Particularizing Patent Pleading: Pleading Patent Infringement In A Post-Twombly World, Jonathan L. Moore
Law Student Publications
The Supreme Court's recent jurisprudence has reinvigorated the role of pleading in civil litigation. As a result, in order to survive a motion to dismiss, plaintiffs must now include more detailed allegations that demonstrate a plausible entitlement to relief. This article examines how these changes interact with the pleading requirements for patent infringement litigation. In recent years, the number of patent infringement lawsuits has increased dramatically, in part because of lax notice pleading requirements. This patent litigation explosion imposes exorbitant costs on defendants and has a detrimental effect on innovation. As courts begin to apply the new plausibility pleading regime, …
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Richmond Journal of Law and the Public Interest
Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Richmond Public Interest Law Review
Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Compelling The Courts To Question Gonzalez V. O Centro: A Public Harms Approach To Free Exercise Analysis, Ari B. Fontecchio
Richmond Journal of Law and the Public Interest
Part I will set forth the analytical framework established by the Supreme Court in the RFRA and RLUIPA contexts before 0 Centro." This Part will provide a brief background to RFRA and RLUIPA and set forth the definition of "compelling interest" before 0 Centro. Part II will focus on the decision in 0 Centro; specifically, how the Supreme Court's redefinition of "compelling interest" significantly elevates the government's burden. Part III will compare the government's chance of winning on a "compelling interest" argument before 0 Centro" with the chance of winning in its wake. This Part will discuss the merits, flaws, …
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Plausible Screening: A Defense Of Twombly And Iqbal's Plausibility Pleading, Michelle Kallen
Richmond Public Interest Law Review
Part I of the article describes the vision of the 1938 reformers and the changes to the litigation landscape since. Part II describes the Twombly and Iqbal cases in relation to prior pleading standards. Part III builds on Twombly and Iqbal's language to set forth an account of plausibility pleadings that addresses the problems with today's system of litigation. Part IV describes some of the major critiques to plausibility pleading and explains why these critiques do not pose a threat to the account of plausibility pleading set forth in Part III.
Time For An Upgrade: Amending The Federal Rules Of Evidence To Address The Challenges Of Electronically Stored Information In Civil Litigation, Jonathan L. Moore
Time For An Upgrade: Amending The Federal Rules Of Evidence To Address The Challenges Of Electronically Stored Information In Civil Litigation, Jonathan L. Moore
Law Student Publications
In recent years, electronically stored information (ESI) has begun to play an increasingly important role in civil litigation. Although the e-discovery amendments to the Federal Rules of Civil Procedure in 2006 provided guidelines for the discovery of this information, no accompanying changes were made to the Federal Rules of Evidence to govern the admissibility of this information at trial. This article outlines the vastly different ways courts have addressed this problem in three areas: authentication, hearsay, and the best evidence rule. After discussing the various approaches courts take in these areas, this article proposes specific amendments to the Federal Rules …
Order Out Of Chaos: Products Liability Design-Defect Law, Dominick Vetri
Order Out Of Chaos: Products Liability Design-Defect Law, Dominick Vetri
University of Richmond Law Review
No abstract provided.
Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams
Does Strickland Prejudice Defendants On Death Row?, Kenneth Williams
University of Richmond Law Review
No abstract provided.
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
Proving Preemption By Proving Exemption: The Quandary Of The National Securities Market Improvement Act, Jeffrey D. Chadwick
University of Richmond Law Review
No abstract provided.
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
No abstract provided.
Construction Law, D. Stan Barnhill
Construction Law, D. Stan Barnhill
University of Richmond Law Review
No abstract provided.
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
Proposed Legislation: A (Second) Modest Proposal To Protect Virginia Consumers Against Defective Products, Peter Nash Swisher
University of Richmond Law Review
The purpose of this article is to suggest a viable, necessary, and eminently reasonable legislative alternative that the Virginia General Assembly should enact for legitimate and pressing public policy reasons in order to properly protect Virginia consumers from defective and unreasonably dangerous consumer products.Adopting this alternative would bring the Commonwealth of Virginia into the mainstream of twenty-first century American, and transnational, products liability law.
Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas
Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas
University of Richmond Law Review
No abstract provided.
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Asymmetrical Warfare: The Cost Of Electronic Discovery In Employment Litigation, Rodney A. Satterwhite, Matthew J. Quatrara
Richmond Journal of Law & Technology
A fundamental tenet of the 2006 Amendments to the Federal Rules of Civil Procedure (the “2006 Amendments”) is the notion that parties can agree and cooperate on issues relating to electronic discovery. Many of the rule changes now either require parties to meet and confer about electronic discovery or presuppose a certain level of dialogue between the parties regarding such issues.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.
University of Richmond Law Review
No abstract provided.
Reassessing Charitable Immunity In Virginia, Carl Tobias
Reassessing Charitable Immunity In Virginia, Carl Tobias
University of Richmond Law Review
No abstract provided.
Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin
Amending Perpetual Conservation Easements: A Case Study Of The Myrtle Grove Controversy, Nancy A. Mclaughlin
University of Richmond Law Review
This article explores the issue of amending perpetual conservation easements by examining the Myrtle Grove controversy, in which the National Trust for Historic Preservation in the United States (the "National Trust")" "conceptually approved" a request made by a successor owner of land encumbered by a perpetual conservation easement to substantially amend the easement. Several months later, as a result of public opposition to the amendments and a reassessment of its position, the National Trust withdrew that approval. The owner of the encumbered land subsequently filed a suit for breach of contract, and the National Trust and the Attorney General of …
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
Why Does The Chesapeake Bay Need Litigators?, Jon A. Mueller, Joseph Tannery
University of Richmond Law Review
No abstract provided.
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
Barriers To Accessible Housing: Enforcement Issues In "Design And Construction" Cases Under The Fair Housing Act, Robert G. Schwemm
University of Richmond Law Review
No abstract provided.
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
University of Richmond Law Review
While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
Crawford V. Washington: Encouraging And Ensuring The Confrontation Of Witness, Robert P. Mosteller
University of Richmond Law Review
No abstract provided.
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
An Evidentiary Paradox: Defending The Character Evidence Prohibition By Upholding A Non-Character Theory Of Logical Relevance, The Doctrine Of Chances, Edward J. Imwinkelried
University of Richmond Law Review
No abstract provided.
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
State Farm Mutual Automobile Insurance Co. V. Campbell: Refining Bmw Of North America, Inc. V. Gore And Further Restricting Punitive Damages, Bridget E. Leonard
University of Richmond Law Review
No abstract provided.
Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle Conway-Jones
Factual Causation In Toxic Tort Litigation: A Philosophical View Of Proof And Certainty In Uncertain Disciplines, Danielle Conway-Jones
University of Richmond Law Review
The headline reads: "Town clenched in suffocating grip of as- bestos: W.R. Grace & Co. closed its vermiculite mine in Libby, Mont[ana], 10 years ago, but hazardous material was embedded in the ore. Experts attribute many cases of lung disease to what they call secondary exposure." Lately, exposure to toxic substances and harm to human health and the environment have become the norm, not the exception. Within the United States and its territories alone, environmental groups, as well as individuals, have documented the proliferation of harmful exposure to toxic substances from as far away as Kaho'olawe, Hawai'i, to as close …
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Shifting Winds: Court Whittles Away At Plaintiffs' Recovery Of Attorney Fees, Carl W. Tobias, Margaret L. Sanner
Law Faculty Publications
A Supreme Court ruling in a case brought by an assisted-living home doesn't offer much assistance to civil rights lawyers. The ruling in Buckhannon Board & Care Home v. West Virginia will frustrate plaintiffs' efforts to recover attorney fees in litigation to vindicate important societal values such as the prevention of discrimination. But it shouldn't come as a big surprise. Buckhannon is only the most recent of numerous High Court decisions since the 1980s that can complicate attempts by plaintiffs lawyers to secure attorney's fees.
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Public Interest Law Review
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Ineffective Assistance Of Counsel, F. Emmit Fitzpatrick, Nialena Caravasos
Richmond Journal of Law and the Public Interest
As an accompaniment to the surge of litigation, we have also witnessed an increase in the claims of ineffective representation by counsel. As more and more litigants are called upon to respond to such claims, the appellate courts have been forced to delineate a basic threshold of competence. Not only is the standard by which counsel is deemed effective or ineffective constantly changing, but also decisions of the higher courts have been devoid of a guideline through which future problems may be anticipated. The review of case law below traces the evolution of both state and federal decisions during approximately …