Beyond the Right to Counsel: Increasing Notice of Collateral Consequences

Brian M. Murray *

Jason Lawson is a twenty-five-year-old African American male with a criminal record. He is currently unemployed despite possessing a high school diploma and an associate’s degree from a local, urban community college, which is more higher education than the vast majority of his neighbors. He plans to earn his bachelor’s degree in the evening once he finds steady employment.

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Marriage Equality Comes to Virginia

Carl Tobias *

Marriage equality is sweeping the United States. Across 2014, numerous federal circuit and district court judges throughout America invalidated state constitutional bans or legislative restrictions which proscribe same-sex marriage. Accordingly, it was predictable that Judge Wright Allen of the United States District Court for the Eastern District of Virginia would rule that Virginia’s prohibitions were unconstitutional and enjoin their enforcement on February 13, even as the jurist stayed her decision. Marriage equality in Virginia comprises a significant legal issue and has telling effects on numerous people, but its status remained less than clear until recently. Marriage equality in the jurisdiction deserves analysis, which this piece undertakes.

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There’s No Place Like Work: How Modern Technology Is Changing the Judiciary’s Approach to Work-at-Home Arrangements as an ADA Accommodation

Benjamin D. Johnson *

In 1973, Jack Nilles, a researcher with the University of Southern California, coined the term “teleworking.” His idea was to create a more flexible communication system for employees, reduce the need for transportation, and ultimately decentralize the traditional workplace. Six years later, Marvin Minsky, a professor at the Massachusetts Institute of Technology (“MIT”), first used the term “telepresence.” Minsky sought to create a phenomenon whereby people could use technology to replicate their presence in an environment where they were not physically present.

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What’s Worse, Nuclear Waste of the United States’ Failed Policy for Its Disposal?

Christopher M. Keegan *

The United States of America is a nuclear nation. Despite individuals and organizations opposed to nuclear energy, the reality is that nuclear power is an integral part of our nation and world. In the United States specifically, nuclear power plays a vital role. Just less than 20% of the electricity produced in the United States comes from nuclear power. Sixty-one commercial nuclear power plants currently operate in thirty states. Furthermore, nuclear power is the most abundant clean energy source, accounting for roughly 60% of the non-fossil fuel electricity generated in the United States. Additionally, the United States Navy is built around nuclear energy. As of 2009, approximately 45% of the Navy’s ships were nuclear powered, with 103 reactors powering eleven aircraft carriers and seventy-one submarines.

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Richard Prince, Author of The Catcher in the Rye: Transforming Fair Use Analysis

Brockenbrough A. Lamb *

One day in the fall of 2011, a man unrolled a blanket on a sidewalk by Central Park, laid out multiple copies of a book, and started selling them for forty dollars apiece. The man was the notorious appropriation artist Richard Prince, and the books for sale were near-duplicates of an early edition of The Catcher in the Rye by J.D. Salinger. They were “near-duplicates” for one very obvious reason: on the dustcover, title page, and copyright page, Prince’s name appeared in place of Salinger’s. As it turns out, these books were part of Prince’s latest art project—500 meticulously constructed copies of The Catcher in the Rye using thick, high quality paper meant to mimic the 1951 original, the same cover art as the original, and most astonishingly, the same text as the original (in its entirety).

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A Corporation’s Securities Litigation Gambit: Fee-Shifting Provisions That Defend Against Fraud-on-the-Market

Steven W. Lippman *

A major issue in today’s corporate landscape is the growth of shareholder litigation. The typical types of claims brought by shareholders are derivative claims and class action claims. Specifically, derivative claims aimed at merger transactions were filed in over 90% of corporate mergers and acquisitions valued at $100 million since 2010. As for securities class action claims—the topic of this comment—there have been an average of 191 filings per year since 1997. Of the 166 securities class action claims in 2013, 84% involved Rule 10b-5 claims. Claims alleging a violation of Section 10(b) of the Securities and Exchange Act of 1934 contend that the company made fraudulent misstatements or omissions that violate federal securities laws. The ability to bring class action suits has its foundation in both statutory regimes and common law principles.

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Allen Chair Issue 2015: Lethal Injection, Politics, and the Future of the Death Penalty

The University of Richmond Law Review had a very successful Allen Chair Symposium this academic year, titled, “Lethal Injection, Politics, and the Future of the Death Penalty.” The Symposium featured a keynote address from Professor Stephen B. Bright, President and Senior Counsel for the Southern Center for Human Rights and professor at the Yale School of Law, as well as incredible panels comprised of nationally renowned death penalty scholars, practitioners, doctors, politicians, and journalists.

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The Role of Race, Poverty, Intellectual Disability, and Mental Illness in the Decline of the Death Penalty

Stephen B. Bright *

Capital punishment is a difficult and sensitive topic because it involves terrible tragedies, the murder of innocent people, loss and suffering, and the passions of the moment. It is used in only a very small percentage of cases in which it could be imposed and is currently in decline. Six states have recently abandoned it, and the number of death sentences imposed in the country decreased from over 300 per year in the mid-1990s to less than eighty in the last several years. And so it is appropriate for us to ask whether death remains an appropriate punishment in a modern society, whether it is fairly carried out without race and poverty influencing who dies, and whether it is imposed only upon the most incorrigible offenders who commit the most heinous crimes.

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A Survey of the History of the Death Penalty in the United States

Sheherezade C. Malik *
Paul Holdsworth **

Since the founding of Jamestown Colony in 1607, few topics in American life and culture have generated as much controversy, both in terms of persistence and volatility, as the death penalty. Foreign policy, economic recessions, and social movements come to the forefront of national discussion in their own respective ebbs and flows. Capital punishment, however, has been a staple of the American criminal justice system since the early inhabiting of the continent, and has remained a permanent vehicle through which we can enact retribution on the most heinous criminal offenders in our society, ridding ourselves of the worst among us.

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Lethal Injection: States Medicalize Execution

Joel B. Zivot, MD *

In Baze v. Rees, the Supreme Court of the United States upheld the constitutionality of a method of lethal injection used for capital punishment. The three-drug protocol referenced in Baze consisted of three chemicals injected into the condemned inmate via an intravenous drip. The three-drug protocol began with sodium thiopental, followed by pancuronium bromide, and lastly, potassium chloride. The claim that this lethal injection method would violate the Eighth Amendment’s ban on cruel and unusual punishment was made on behalf of two individuals, Ralph Baze and Thomas Bowling, both sentenced to death in Kentucky.

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