Dedication to Dean Timothy L. Coggins

W. Clark Williams, Jr.

At the close of the 2014–15 academic year, the law school will say goodbye to one of our most valued faculty colleagues and administrative leaders, as Associate Dean for Library and Information Services Timothy Coggins retires. Dean Coggins has made some of the most significant contributions in recent memory to the enhanced stature of the law school. His impact has been deep and profound, not only within the law library and the delivery of information services, but more broadly throughout the law school community.

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Tribute to Gail F. Zwirner

Paul M. Birch

When Gail Zwirner joined the law library staff in 1998, many of us had already gotten to know her well during her decade across town as a librarian for Hunton & Williams and particularly through her active involvement in the Virginia Association of Law Libraries (“VALL”). This mutual familiarity probably eased her career transition from law firm to law school librarian. At any rate, in her seventeen years at the University of Richmond School of Law, Gail has demonstrated in every way how to excel in academic law librarianship: as an information provider, as a teacher, as an administrator, and as a colleague.

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Does the Right to Elective Abortion Include the Right to Ensure the Death of the Fetus?

Stephen G. Gilles *

The Supreme Court of the United States describes a woman‘s constitutional right to an elective abortion as a right to terminate her pregnancy prior to viability. That description begs a question that may someday be as important in practice as it is in principle: whether the right to an elective abortion includes the right to ?

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Housing Resources Bundles: Distributive Justice and Federal Low-Income Housing Policy

John J. Infranca *

Less than one in four income-eligible households receives some form of rental assistance from the federal government. In contrast with other prominent public benefit programs—including Temporary Aid to Needy Families (“TANF”) and unemployment insurance—no time limit is placed on the assistance provided through the Department of Housing and Urban Development’s (“HUD”) three major sources of rental assistance: public housing, housing choice vouchers, and Section 8 project-based rental assistance. Recipients of federal rental assistance can continue to receive benefits as long as they satisfy eligibility requirements. Two of the most prominent forms of rental assistance—housing choice vouchers and public housing—typically have long waiting lists that are frequently closed to new applicants.

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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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