November 2007 (Volume 42, Issue 2)

Annual Survey

Pro Se Litigation: Best Practices from a Judge’s Perspective
The Honorable Beverly W. Snukals, Glen H. Sturtevant, Jr.

The days when every litigant was represented by an attorney are from a bygone era. The clogged dockets of general district courts are a testament to the prevalence of pro se litigation in Virginia. As self-representation has increased in recent times, court systems nationwide, including Virginia’s, have lagged in meeting the increased challenges of pro se litigation.

Environmental Law (2007 Annual Survey of Virginia Law)
Brooks Meredith Smith, Andrea West Wortzel

Virginia boasts a remarkable natural environment, cherished by its people, protected by its constitution, and championed by its government.[1] Environmental stewardship has become increasingly complicated over the past few years, as science and policy jockey for the lead position in our decision-making process.

Federal Campaign Finance Reform Based on Virginia Election Law: The Carson Act as a Simple, Effective, and Constitutional Means to Curb Corruption in the Financing of Federal Campaigns
Rhodes Beahm Ritenour

The United States Congress has recognized that actual and apparent corruption exists in the federal campaign finance system and has passed campaign finance reform legislation in an attempt to curb that corruption.[1] The Supreme Court of the United States also has recognized the existence of such corruption and, accordingly, has upheld much of the campaign finance legislation enacted by Congress.

Civil Practice and Procedure (2007 Annual Survey of Virginia Law)
John C. Lynch, John S. Hubbard, M. Elizabeth Woodard

This article summarizes the major developments in Virginia civil practice and procedure over the past two years, specifically covering significant decisions by the Supreme Court of Virginia and changes to the Rules of the Supreme Court of Virginia dating from April 22, 2005, to April 20, 2007.

The History and Scope of the Virginia Declaratory Judgments Act
Seth M. Land

The Virginia Declaratory Judgments Act[1] (“Act”) was passed in 1922 with “a view to making the courts more serviceable to the people.”[2] The purpose of the Act “is to afford relief from the uncertainty and insecurity attendant upon controversies over legal rights, without requiring one of the parties interested so to invade the rights asserted by the other as to entitle him to maintain an ordinary action therefor.”

Rethinking DUI Law in Virginia
Monte Kuligowski

Prosecuting the crime of driving under the influence (“DUI”) (or driving with a blood alcohol concentration (“BAC”) level of at least 0.08)[1] without doing damage to some of our most cherished constitutional principles is oftentimes problematic. To narrow the focus of that wide vein, failing to always require the requisite criminal intent for conviction is the primary consideration of this essay.

Family and Juvenile Law (2007 Annual Survey of Virginia Law)
Lynne Marie Kohm

The sage author of last year’s family law survey, Professor Robert Shepherd, noted almost prophetically “the next year promises to be far more eventful with the so-called ‘Marriage Amendment’ on the November 2006 ballot . . . . [T]he long-term consequences of the constitutional amendment, whether intended or unintended, are substantial.”

Labor and Employment Law (2007 Annual Survey of Virginia Law)
W. David Paxton, Gregory R. Hunt

This article looks back on important Virginia labor and employment law developments during the past year, including significant case law and legislation.[1] Contract issues continued to dominate state-law employment litigation in Virginia, especially disputes regarding the enforceability of restrictive covenants.

Electronic Data (2007 Annual Survey of Virginia Law)
The Honorable Thomas D. Horne

Just like the day we learned to ride a bike, most of us probably recall the day we were first introduced to the brave new world of computers. Little then did we realize, nor do we yet fully recognize, the power locked within the chip that processes our insatiable need for information.

Criminal Law and Procedure (2007 Annual Survey of Virginia Law)
Marla G. Decker, Stephen R. McCullough

The authors have endeavored to select from the many appellate cases those that have the most significant precedential value. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly in the areas of criminal law and procedure.