William H. Hurd *
Ashley L. Taylor, Jr. **
Nancyellen Keane ***
Stephen C. Piepgrass ****
C. Reade Jacob, Jr. *****
James M. Giudice ******
J. Westwood Smithers III *******
Sweet Briar College was established over a century ago by the will of a prominent Virginia landowner, Indiana Fletcher Williams, as an institute for the education of young women. Located in the foothills of the Blue Ridge Mountains on a breath-taking 3250-acre former plantation, the campus is a National Historic District and home to twenty-one buildings on the Virginia Landmarks Register and the National Register of Historic Places. Chartered in 1901 by the Virginia General Assembly, the school officially opened its doors in 1906.
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* Partner, Troutman Sanders LLP, Richmond, Virginia. J.D., 1977, University of Virginia School of Law; B.A. 1973, University of Virginia.
** Partner, Troutman Sanders LLP, Richmond, Virginia. J.D., 1993, Washington and Lee School of Law; B.A., 1990, Virginia Military Institute.
*** Vice President for Administration and General Counsel, Sweet Briar College; Of Counsel, Troutman Sanders LLP, Richmond, Virginia. J.D., 1982, University of Richmond School of Law; A. B., 1978, Sweet Briar College.
**** Partner, Troutman Sanders LLP, Richmond, Virginia. J.D., 2005, University of Virginia School of Law; B.A., 1999, Duke University.
***** Partner, Troutman Sanders LLP, Richmond, Virginia. J.D., 2005, University of Virginia School of Law; B.A., 1999, Duke University.
****** J.D. Candidate, 2017, University of Richmond School of Law.
******* J.D. Candidate, 2017, University of Richmond School of Law
Sylvia Macon*
In recent years, Virginia‘s filial responsibility law has been used for purposes not contemplated by its original architects. For example, it has allowed a brother, who had run his mother‘s finances into the ground, to sue his sister to hold her liable for his financial mistakes, burdening her with substantial litigation fees. The law has provided a forum for a stepfather to retaliate against his wife‘s children after the children petitioned the court to replace him as their mother‘s guardian.
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*J.D. Candidate 2017, University of Richmond School of Law. M.A., 2012, New York University; B.A., 2010, University of Virginia.
Kaitlyn Potter*
In 1984 in Richmond, Virginia, Thomas Haynesworth was convicted of raping two women and indicted for raping three others. The first rape occurred on January 3, 1984. The assailant attacked his victim at her place of employment, threatened her with a knife, and raped her. On January 21, another woman was sodomized and robbed at knife point in Richmond. On January 30, a man pointed a gun at a woman and forced her into a secluded wood. The man forced the woman to orally sodomize him. He also unsuccessfully attempted to rape her. While committing these crimes, the gunman told the woman this was not his first time, but he usually used a knife rather than a gun. On February 1, a gunman confronted a woman in front of her Richmond home, and forced her back inside.
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*J.D. Candidate 2017, University of Richmond School of Law. B.A., 2013, University of Virginia.
Todd A. Berger *
Some years ago in a courtroom in Philadelphia, I found myself in a rather troubling predicament. My client threatened to stab me with a pen. I was his defense attorney. My client had been charged with a gunpoint robbery. He was picked out of a random photo array by the complainant a few days after the incident occurred. If we lost the trial, he was going to receive a sentence of at least ten to twenty years in prison.
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*Associate Professor, Syracuse University College of Law. I am extremely grateful to the 2015 Clinical Writers‘ Workshop for giving me the opportunity to present this particular piece. I owe a special thanks to Professors Keith Findley, Jenny Roberts, Vida Johnson, and Joy Radice. Additional thanks are owed to Professors Lauryn Gouldin, Ann Pfeiffer, Jason Hoge, J.C. Lore, and Aliza Milner. I am extremely grateful to Megan Brooks, Victoria Radcliffe, and Cory Schoonmaker for their excellent research assistance. Lastly, a special thank you is owed to Hedimay Berger and Beverly Beaver for their editing, feedback, and general willingness to discuss this article far more than either of them would have liked.
Michael D. Cicchini *
Lawrence T. White **
The Constitution protects a criminal defendant from conviction unless the government can prove guilt beyond a reasonable doubt. However, the Constitution does not require that trial courts use any particular set of words when defining reasonable doubt for the jury. Instead, a broad range of jury instructions have been deemed constitutionally acceptable, provided they do not diminish or dilute the government‘s high burden of proof.
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*Criminal Defense Lawyer, Cicchini Law Office, LLC, Kenosha, Wisconsin. J.D., 1999, Marquette University Law School; C.P.A., 1997, University of Illinois Board of Examiners; M.B.A., 1994, Marquette University Graduate School; B.S., 1990, University of Wisconsin-Parkside.
**Professor and Chair of Psychology, Beloit College; Director, Beloit College‘s Law & Justice Program. Ph.D., 1984, University of California, Santa Cruz; M.A.,1979, California State University at Fresno; B.A., 1975, Whittier College.
Scott D. Gerber *
I was flattered to be invited to participate in a February 21, 2014, symposium at the University of Chicago Law School sponsored by the Midwest Black Law Students Association about “Affirmative Action: Past, Present & Future.” The organizers said that they invited me because they thought I would say something different from my colleagues at the event. They were correct. After all, academia is dominated by the Left, and racial preferences are the sacred cow of the Left, whereas I am a libertarian who sincerely believes that racial preferences are unconstitutional. More importantly, Clarence Thomas thinks they are unconstitutional, and he is coming closer with each passing Term to convincing a majority of his colleagues on the U.S. Supreme Court of this fact.
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*Professor of Law, Ohio Northern University Pettit College of Law. I thank Roger Clegg and George Dent for comments on a draft of this article. I also thank Eric Segall and his faculty colleagues at Georgia State University College of Law for inviting me to present it there on March 31, 2014, and Brown University‘s Political Theory Project for hosting me while I edited it. The article is dedicated to Peg Cain, my wonderful administrative assistant who retired in December 2013 after nearly four decades of great work at Ohio Northern University.
