The “Test” – or Lack thereof – for Issuance of Virginia Temporary Injunctions: The Current Uncertainty and a Recommended Approach based on Federal Preliminary Injunction Law

The Honorable David W. Lannetti *

Preliminary injunctive relief, where a movant[1] is awarded a court order prior to final judgment on the merits of a dispute, serves a necessary role in equity jurisprudence. Courts typically state that preliminary relief is an extraordinary remedy designed to preserve the status quo, with some courts opining that this purpose simply describes the abstract goal of preliminary relief [2] and others holding that movants must satisfy a higher burden when seeking injunctions that alter the status quo.[3] After significant evolution, federal courts developed a four-part test for preliminary injunctions,[4] which the circuit courts of appeals have universally accepted but inconsistently applied.[5] The Supreme Court of the United States subsequently resolved this circuit split in part,[6] yet the circuit courts still adhere to different approaches when applying the test.[7]

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Developments in Animal Law: An Evolving Area in Virginia Law

Ryan Murphy *

On December 15, 2013, my wife and I welcomed a puppy into our family. We love dogs, grew up with them, but we had never raised one (or any living creature for that matter). As I drove to our Richmond Fan apartment from the foster home in Goochland, I felt helpless while he scratched at the carrier, frantic and screeching. During his first weeks with us, he smelled, relieved himself frequently and anywhere, and exhibited signs of abdominal distress that sent us on a trip to the companion animal equivalent of an emergency room.

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Virginia’s Water Resource Law: A System of Exemptions and Preferences Challenging the Future of Public Health, the Environment, and Economic Development

Jefferson D. Reynolds *

There is plenty of water in Virginia. The problem is there are plenty of people, too. As population growth in the Commonwealth continues to place higher demands on water resources, competition among users naturally rises. Water for energy production, agriculture, domestic, industry, and other uses becomes more difficult to allocate, resulting in winners and losers based on availability of supply. Although Virginia has adopted a permitting framework[1] to improve water resource management, exemptions and preferential treatment provided to riparian landowners and historic users in the Virginia Code are increasingly problematic.[2] These classes benefit from preferred legal status for water without regard to water availability, effects on other users, or whether it is being put to the most beneficial use.

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Socioeconomic Integration and the Greater Richmond School District: The Feasibility of Interdistrict Consolidation

Barry Gabay *

Stark disparities in public education within the Greater Richmond area are commonplace and have been for over a century. Richmond Public Schools primarily consist of an impoverished student body attending dilapidated schools. Meanwhile Richmond’s bordering suburban counties, Chesterfield and Henrico, generally enjoy state-of-the-art learning facilities attended by far more economically diverse student bodies. Today’s inequities can only be understood with recognition of a history of institutionalized segregation in the Richmond area—a history that is ingrained within the municipal offices, along the public transportation system, and, especially, inside the schools. The problem is that in the Richmond area, a child’s place of residence, rather than his academic aptitude, greatly determines his educational ceiling, and the setup of local governments within Virginia inflames the problem.

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Police Body Cameras: Implementation with Caution, Forethought, and Policy

Dru S. Letourneau *

On August 9, 2014, Officer Darren Wilson shot and killed Michael Brown, an unarmed teenager, on a Ferguson, Missouri street. The incident immediately ignited protests in the Ferguson area. Several of these demonstrations included rioting, looting, and violence. In response, officials used force, military-style tactics, and military-grade weapons. In November 2014, Missouri Governor Jay Nixon called the National Guard to attempt to restore order and keep the peace.

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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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