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Criminal Law and Procedure
Get PDFThis Article surveys recent developments in criminal procedure and law in Virginia. Because of space limitations, the authors have limited their discussion to the most significant published appellate decisions and legislation
Framing Legislation Banning the Gay and Trans Panic Defenses
Get PDFThis Article, prepared for the University of Richmond Law Reviewsymposium commemorating the fiftieth anniversary of the Stonewall Riots of 1969, uses the Stonewall Riots as an opportunity to analyze and theorize the political dimensions of legislation banning the gay and trans panic defenses. As a moment of resistance to state violence against LGBTQ people, the Stonewall Riots are a useful platform to examine the historical and current relationship between the state and the gay and trans panic defenses. Drawing on original readings of medical literature, this Article brings the historical role of the state in the growth of gay and trans panic to the surface and discusses how gay and trans panic ideas blur the distinction between state and private violence. As explained below, prominent psychiatrists who created and honed gay and trans panic ideas over time worked for and conducted research in state-run hospitals and prisons
of love and exploitation
Get PDFAs Roma’s main character, Cleo symbolizes the simultaneous feminization and racialization of domestic service
Retroactive Justice: Toward Fundamental Fairness in Resentencing Crack Cocaine Offenders under Section 404 of the First Step Act
Get PDFIn analyzing these four methods, this Comment argues that Method IV best serves fundamental fairness in sentencing, in congruence with the purpose of the First Step Act. To resolve its arbitrary implementation, section 404 must be amended to require a full plenary resentencing in accordance with all updated sentencing guidelines and caselaw in effect at the time of the resentencing. This was the approach taken by the court in resentencing Mr. Rhines to time served. While the Supreme Court could rule Method IV is the correct interpretation of the statute, Congress is the more appropriate actor and should capitalize on the present appetite for reform to amend the law to accomplish its intent.
Part I of this Comment introduces the First Step Act, the goals of Congress in implementing it, the historical context from which it emerged, and the four methods by which it is being implemented. Part II analyzes and evaluates Methods I–IV, arguing that Method IV uniquely fulfills the goals of Congress. Part III proposes an amendment to section 404 which would remove ambiguity and require courts to resentence according to Method IV. Lastly, this Comment concludes with a summary of its argument and a call for change
Babette Babich: A Nietzschean Scholar on the “Physiology of Aesthetics”
Get PDFIn pursuing the invitation to muse upon Babette Babich\u27s scholarship on Nietzsche, I begin with a philological observation about the terms scholar and scholarship. These take their origin from Greek scholé (close cousin, the Latin otium) - which designate leisure. So far as they have to do with study, research, writing, and their communication through letters, lectures, and publication, this is because, as the literate Greeks and Romans understood it, these are among the activities — along with the other artes liberales — that a person with the freedom of leisure would want to pursue. At the highest level, Aristotle envisions God as thought thinking itself — nous nousing nous — for we imagine divinity to be constrained by no necessity whatsoever. Now you may think this a quaint ideal having little to do with the scholarship associated with today\u27s colleges and universities. Those employed there might describe much of their activity not as work, in the sense of self-generated free production, but as labor compelled by necessity. Filing reports, grading, sorting, evaluating students, attending mind-deadening meetings, and so on. Then of course what is called scholarly work is subject to evaluation, typically involving quantitative measurement - counting articles, books, words, citations. All of this can incite competition, envy of the bad sort, and a perverse oscillation between melancholy and megalomania as scholars try to come to terms with our places in the great academic division of labor. If you haven\u27t read it lately, I strongly recommend that you read again that scintillating chapter of Hegel\u27s Phenomenology on modern academics, writers, and artists: The Animal Kingdom of the Spirit [geistige Tierreich], the Humbug, or where it\u27s Really At (my free translation)
The Times They are A-Changin\u27: How Music\u27s Mechanical Licensing System May Have Finally Moved Into the 21st Century
Get PDFToday’s average music consumer likely enjoys his or her music without giving much thought to the underlying licensing and compensation systems that make their listening experience possible. Indeed, average consumers are unlikely to fully comprehend the complexities of these systems. This is not solely because consumers are uninformed or apathetic. Rather, it is because the licensing and compensation systems in place are highly complex, fragmented, and outdated. Since the early twentieth century, Congress has responded to technological advances within the music industry by enacting piecemeal reforms intended to solve emerging rights clearance problems resulting from such innovation. As a result, music licensing today operates within a system developed prior to, and unprepared for the Internet Age. At a time when music streaming is at an all-time high, existing licensing systems are failing industry players more than ever before—namely, songwriters and music publishers
Electric Scooters: A New Frontier in Transportation and Products Liability
Get PDFWhat lies at the intersection of cutting-edge technology and transportation? Electric scooters. In September of 2017, Birds flocked to their first city. In Santa Monica, California, hundreds of electric scooters suddenly appeared on sidewalks and street corners, ready to take a shot at more efficient transportation, while also ruffling a few feathers. Ridesharing applications such as Uber and Lyft are manifestations of the profound impact that technology has had on transportation in the recent past. This same technology has further influenced transportation through micro-mobility scooter-sharing systems. Companies, such as Bird and Lime, allow users to rent their electric scooters for a single use to navigate short distances around cities. Electric scooters have generated criticism within the municipalities in which they are being used, and they pose a host of legal questions, especially with regard to liability. At law, this is an issue of first impression. It is my conclusion that a court would likely impose liability through multiple theories of tort law on the micromobility scooter companies in the event of injuries to riders or third parties
When Will it End? Why There is No Practical Statute of Limitations for Online Copyright Infringement and Why Libel Law Can Offer the Solution
Get PDFOutside of crimes considered heinous by society, every civil and criminal action has some statute of limitations that describe when a party can bring a timely claim. These statute of limitation laws help facilitate effective resolutions to legal conflicts within reasonable lengths of time. This ensures that plaintiffs with a valid cause of action pursue their claim with reasonable diligence and prevents delays in bringing a claim that would result in a defendant losing necessary evidence to disprove that claim
With Gratitute from Our Daughters: Reflecting on Justice Ginsburg and United States v. Virginia
Get PDF“What enabled me to take part in the effort to free our daughters and sons to achieve whatever their talents equipped them to accomplish, with no artificial barriers blocking their way?”
—Ruth Bader Ginsburg
On September 18, 2020, we mourned the loss of Justice Ruth Bader Ginsburg, whom many considered not just a cultural icon, but a national treasure. Among many other things, Justice Ginsburg became a later-in-life feminist “rock star,” celebrated for her rousing and impassioned dissents, her fearless defense of equality and autonomy rights, her championing of civil rights, and her persistent determination in the face of injustice. RBG’s pop-culture status led to books, movies, t-shirts, “dissent collar” accessories, and Halloween costumes. But long before she became “notorious,” she was a daughter, a mother, a law student, an advocate, a professor, a judge, and then—finally—a Justice. In this Essay, I will reflect on the opinion that manifests her life in all those roles and stands in many ways as the culmination of her life’s work: United States v. Virginia (VMI).
Scholars and observers have characterized the VMI case as Justice Ginsburg’s finest opinion—“her most celebrated case,” a “landmark,” and her “crowning achievement.” When Ginsburg herself was asked which of her decisions were most influential and made her most proud, she, too, singled out VMI. “VMI was a very special case for me,” she said. “It was a bright sign of the changing times.” Many agree that Ginsburg’s opinion in VMI was the most important opinion she wrote while on the Court.
I chose to reflect on this case, not only—or even primarily—because this Essay comes in the University of Richmond Law Review’s Annual Survey of Virginia Law. Rather, I chose to reflect on VMI because of its personal and professional significance for Justice Ginsburg and her continued significance for the Institute, its cadets, and its graduates. As I went back to study Justice Ginsburg’s life and the VMI opinion, several threads stood out, which have resonated through her life and her work, as well as the opinion. First, I was struck by how, in many ways, the narrative in the VMI case is a story about Ginsburg’s own personal and professional life. With echoes of Ginsburg’s own life and career, the VMI opinion was in many ways the pinnacle of Ginsburg’s ambitious gender equality project. Second, throughout her life and career, Justice Ginsburg had an abiding faith in the American project to become “a more perfect union,” and the Constitution’s expanding capacity to recognize and protect “We the People.” Third, from the beginning, Ginsburg’s gender equality project was aimed at dismantling what she often called “sex-role pigeonholing”—removing “artificial barriers” to what citizens could dream and achieve based on stereotyped views of women’s and men’s roles. And finally, she was unfailingly focused on future generations—our daughters (and our sons)—as the rightful beneficiaries of gender equality and the key to effecting social change over time.
In the pages that follow, I will explore these themes along with the course and significance of the VMI case. I will begin with Justice Ginsburg’s story, then turn to the litigation, the opinion, and what happened afterward
When Leaders Face Personal Crisis: The Human Side of Leadership
No full textThis book examines a relatively unexplored area of leadership research—personal aspects of leadership—by considering the impact of leaders navigating their own personal crises on their relationships with teams, peers, and supervisors. Through original research as well as an integrative review of the literature, Hickman and Knouse focus on the leader-as-person in crisis, including the real-life personal crises and experiences of leaders. This important volume offers a detailed and thoughtful description of intersecting factors that contribute to the ways in which leaders experience and cope with personal crises to spur additional research attention to this neglected area. This book also offers current and prospective leaders advice and direction on effectively navigating personal crises.https://scholarship.richmond.edu/bookshelf/1347/thumbnail.jp