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,[1] the reality is that nuclear power is an integral part of our nation and world.[2] 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.[3] Sixty-one commercial nuclear power plants currently operate in thirty states.[4] 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.[5] 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.[6]

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*  J.D. Candidate, 2016, University of Richmond School of Law. M.E.M., 2013, Old Dominion University; B.S., 2007, United States Naval Academy. I must express my extreme gratitude to Casey, for years of listening to me talk about nuclear power.  Thank you also to the University of Richmond Law Review’s editors and staff whose tireless and thankless work has made this comment possible.

        [1].    See generally Karl S. Coplan, The Externalities of Nuclear Power: First, Assume We Have a Can Opener . . . , 35 Ecology L. Currents 17 (2008) (arguing that the benefits of nuclear power are not worth the long term impacts of nuclear energy production).

        [2].    See Alex Funk & Benjamin K. Sovacool, Wasted Opportunities: Resolving the Impasse in United States Nuclear Waste Policy, 34 Energy L.J. 113, 114 (2013) (stating that nuclear power accounts for 13.5% of the world’s electricity).

        [3].    Nuclear Explained, U.S. Energy Info. Admin., http://www.eia.gov/energyexplain ed/index.cfm?page=nuclear_home#tab2 (last updated Sept. 8, 2014).

        [4].    How Many Nuclear Power Plants Are in the United States, and Where Are They Located?, Frequently Asked Questions, U.S. Energy Info. Admin., http://www.eia.gov/ tools/faqs/faq/cfm?id=207&t=3 (last updated Jan. 22, 2015); see also Nuclear Power in the USA, World Nuclear Ass’n, http://www.world-nuclear.org/info/Country-Profiles/Count ries-T-Z/USA-Nuclear–Power/ (last updated Feb. 2015).

        [5].    See What Is U.S. Electricity Generation by Energy Source?, U.S. Energy Info. Admin., http://www.eia.gov/tools/faqs/faq.cfm?id=427&t=3 (last updated June 13, 2014) (stating that 67% of electricity in the United States is generated by fossil fuels and 19% by nuclear; therefore, nuclear energy accounts for 57% of the remaining 33% of energy not generated by fossil fuels).

        [6].    U.S. Dep’t of Energy & U.S. Dep’t of the Navy, The United States Naval Nuclear Propulsion Program 1 (2009).


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.[1] 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.[2] 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.[3] 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).[4]

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* J.D. Candidate, 2016, University of Richmond School of Law. B.A., 2000, Wake Forest University. I would like thank the authors Roland Barthes, Jorge Luis Borges, J.D. Salinger, and Richard Prince for their inestimable contributions to culture. I would also like to thank the staff and editors of the University of Richmond Law Review for their work on this comment. Finally, I am especially thankful for the support and encouragement of three loved ones, who happen to be attorneys: my wife, Elizabeth Anne Ridler Lamb; my father, Robert Henley Lamb; and my sister Hampton Breckinridge Lamb.

        [1].    See Kenneth Goldsmith, Richard Prince’s Latest Act of Appropriation: The Catcher in the Rye, Poetry Found. (Apr. 19, 2012), http://www.poetryfoundation.org/harriet/ 2012/04/richard-princes-latest-act-of-appropriation-the-catcher-in-the-rye/.

        [2].    Several articles have referred to the Richard Prince versions as duplicates of the first edition (and not only an early edition) of The Catcher in the Rye by J. D. Salinger. See, e.g., id.; Thomas Hawk, Richard Prince on Appropriating “The Catcher in the Rye”, Thomas Hawk’s Digital Connection (June 17, 2013, 12:59 PM), http://thomashawk. com/2013/06/richard-prince-on-appropriating-the-catcher-in-the-rye.html. For a variety of bibliographic reasons this is incorrect. For instance, true first editions of The Catcher in the Rye had a photograph of J.D. Salinger on the rear panel of the dust jacket. First Edition Criteria and Points to Identify The Catcher in the Rye by J.D. Salinger, FEDPO.com, http://www.fedpo.com/BookDetail.php?bk=213 (last visited Apr. 3, 2015). In later printings this feature was dropped. Michael Lieberman, Richard Prince: Book Pirate?, Book Patrol (Apr. 23, 2012), http://bookpatrol.net/richard-prince-book-pirate/. The Prince copies have a blank rear panel. See id. (noting that Prince’s version used the second issue dust jacket which lacks J.D. Salinger’s photo).

        [3].    Goldsmith, supra note 1.

        [4].    See Hawk, supra note 2.


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.[1] As for securities class action claims—the topic of this comment—there have been an average of 191 filings per year since 1997.[2] Of the 166 securities class action claims in 2013, 84% involved Rule 10b-5 claims.[3] 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.[4] The ability to bring class action suits has its foundation in both statutory regimes and common law principles.[5]

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* J.D. Candidate 2016, University of Richmond School of Law. B.B.A., 2012, James Madison University. I am forever grateful for the love and support from my parents and my grandmother, Irene Lippman. I would like to thank the editors and staff of the University of Richmond Law Review for their hard work in making this publication possible.

        [1].    Lisa A. Rickard, Delaware Flirts with Encouraging Shareholder Lawsuits, Wall St. J. (Nov. 14, 2014), http://www.wsj.com/articles/lisa-rickard-delaware-flirts-with-encour aging-shareholder-lawsuits-1416005328.

        [2].    Cornerstone Research, Securities Class Action Filings—2013 Year in Review 1 (2014), available at https://www.cornerstone.com/GetAttachment/d88bd527-25b5-4c54-8d40-2b13da0d0779/Securities-Class-Action-Filings-2013-Year-in-Review.pdf. While there has been a decline in the number of filings in recent years, there was an increase in the number of filings from 2012 to 2013. Id.

        [3].    Id. at 1, 7.

        [4].    15 U.S.C. § 78j(b) (2012).

        [5].    Class Action: An Overview, Legal Info. Inst., https://www.law.cornell.edu/wex/ class_action (last visited Apr. 3, 2015).

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.[1] 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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    President and Senior Counsel, Southern Center for Human Rights, Atlanta, Georgia; Harvey Karp Visiting Lecturer, Yale Law School. The author’s curriculum vitae and publications are available at www.law.yale.edu/faculty/SBright.htm.

This essay was adapted from the keynote address given at Allen Chair Symposium, on October 24, 2014, at the University of Richmond School of Law. Parts of this essay and speech have been previously presented by Professor Bright, including at the United Nations Headquarters on April 24, 2014.

[1].    Death Penalty Trends, Amnesty Int’l, http://www.amnestyusa.org/our-work/issu es/death-penalty/us-death-penalty-facts/death-penalty-trends (last visited Feb. 27, 2015).


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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* J.D. Candidate 2015, University of Richmond School of Law. B.A., 2012, University of Pennsylvania. I would like to thank the University of Richmond Law Review staff and editors for their assistance in the multiple drafts of this article. I would also like to thank Haven Ogbagiorgis for her valuable feedback and support throughout the writing process. Most importantly, I would like to thank my family—my brother, Ehsan, and my parents, Muneer and Victoria Malik—for their unstinted support and unconditional love, and for making my dreams their own.

** J.D. Candidate 2015, University of Richmond School of Law. B.A., 2012, Brigham Young University. I would like to thank the entire staff of the University of Richmond Law Reveiw for their work on this essay, and for making this year’s Allen Chair Symposium and Issue a success. Of course, every personal acheivement in my life would not be possible without the unwavering support of my wife, Claire.

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.[1] The three-drug protocol referenced in Baze consisted of three chemicals injected into the condemned inmate via an intravenous drip.[2] The three-drug protocol began with sodium thiopental, followed by pancuronium bromide, and lastly, potassium chloride.[3] 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.[4]

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*    Assistant Professor of Anesthesiology & Surgery, Medical Director of the Cardio-Thoracic Intensive Care Unit, Emory School of Medicine & Emory University Hospital. ABA, Anesthesiology/Critical Care Medicine, 1995, Cleveland Clinic Foundation; FRCP(C), Anesthesiology, 1993, University of Toronto; MD, 1988, University of Manitoba.

Thank you to the University of Richmond School of Law for giving me a forum to share my views on the problems of lethal injection. I want to especially thank Professor Corinna Barrett Lain, Tara Ann Badawy, Leah Stiegler, and the University of Richmond Law Review Allen Chair Symposium. Doctors have a unique perspective that has been mostly absent in law reviews and I hope my effort here will shed additional light on this important subject.

[1].    553 U.S. 35, 47 (2008).

[2].    Id. at 44.

[3].    Id.

[4].    Id. at 46–47.