John Paul Jones*
John R. Mohrmann**
This article is a report of certain developments during the last two years relating to the Virginia Administrative Process Act (“the VAPA”), which governs rulemaking and adjudication of cases by state agencies as well as judicial review of both.
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*Professor of Law Emeritus, University of Richmond School of Law. LL.M., 1982, Yale University; J.D., 1980, University of San Diego; B.A., 1969, Marquette University.
** J.D., 2014, University of Richmond; B.A., 2011, Hampden-Sydney College. The authors are much obliged to the reference specialists of the Muse Law Library for their outstanding assistance in the research for this article.
Andrew P. Sherrod*
Jaime B. Wisegarver**
This article surveys recent significant developments in Virginia civil practice and procedure. Part I of this article discusses opinions of the Supreme Court of Virginia from June 2013 through June 2014 addressing noteworthy civil procedure topics. Part II addresses amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period. Part III discusses legislation enacted by the Virginia General Assembly during its 2014 session that relates to civil practice.
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*Principal, Hirschler Fleischer, P.C., Richmond, Virginia. J.D., 2000, University of North Carolina at Chapel Hill School of Law; B.A., 1996, Hampden-Sydney College.
**Associate, Hirschler Fleischer, P.C., Richmond, Virginia. J.D., 2010, University of Richmond School of Law; B.A., 2005, University of Virginia.
Aaron Campbell*
This article aims to provide a succinct review of noteworthy cases in the areas of criminal law and procedure that the Supreme Court of Virginia and the Court of Appeals of Virginia decided this past year. Instead of covering every ruling or procedural point in a particular case, this article focuses on the “take-away” of the holdings with the most precedential value. This article also summarizes significant changes to criminal law and procedure enacted by the 2014 Virginia General Assembly.
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*Assistant Attorney General, Criminal Litigation Section, Office of the Attorney General, Commonwealth of Virginia. J.D., 2009, University of Richmond School of Law; B.A., 2002, Concord University.
Sean P. Byrne*
Garrett Hooe**
It has been several years since the Annual Survey of Virginia Law published a comprehensive Health Care Law update.[1] In that time, health care reform has taken center stage on the national level with the implementation of the Affordable Care Act and related federal legislation. Here in the Commonwealth, we have seen incremental change in the health care law landscape, both in case decisions from the Supreme Court of Virginia impacting medical malpractice jurisprudence, and in a host of reform measures and legislative changes from the General Assembly. It is beyond the scope of this article to detail every change in this complex and fast-changing area of law, but noteworthy developments are highlighted here in an effort to inform the health law practitioner.
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*Director, Hancock, Daniel, Johnson & Nagle, P.C., Richmond, Virginia. J.D., 1997, University of Richmond School of Law; B.A., 1993, University of Richmond. Mr. Byrne’s practice concentrates on medical malpractice defense and health care risk management advice. He is also an assistant adjunct professor at the University of Richmond School of Law.
**Associate, Hancock, Daniel, Johnson & Nagle, P.C., Richmond, Virginia. J.D., 2012, University of Richmond School of Law; B.A., 2006, James Madison University. Mr. Hooe’s practice concentrates on medical malpractice defense in trial and appellate courts. The authors wish to thank and recognize Timothy Patterson, J.D. Candidate 2015, University of Richmond School of Law, for his able assistance with research and drafting.
[1]. See generally Kathleen M. McCauley & Kristri L. VanderLaan, Annual Survey of Virginia Law: Health Care Law, 44 U. Rich. L. Rev. 473 (2009) (the most recent such Health Care Law update).
William T. Reisinger *
Over the past fifteen years, Virginia has witnessed numerous fundamental changes to the regulation of investor-owned electric utilities in the Commonwealth—from traditional cost-based rate regulation, to experiments with deregulation, and finally to “re-regulation” of utilities at the Virginia State Corporation Commission (the “SCC”).[1] The legislature has also enacted various policies designed to encourage the construction of new power plants, energy conservation, and the development of clean energy resources. Almost every annual session of the Virginia General Assembly has brought at least one minor change to the Virginia Electric Utility Regulation Act. This article explains, at a high level, some of the major changes to electric regulation in Virginia in recent years. It also discusses how the General Assembly’s new policies have affected retail electric rates and the development of new generation facilities, including renewable energy resources, in the Commonwealth since 1999.
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* Assistant Attorney General, Office of the Attorney General of Virginia; Distinguished Visitor in Natural Resources Law, Appalachian School of Law. Any views expressed in this article are my own and do not necessarily represent those held by the Attorney General of Virginia or any other agency or employee of the Commonwealth.
[1]. When discussing “electric utilities” or “utilities,” this article is primarily referring to the two largest investor-owned electric utilities operating in the Commonwealth: Dominion Virginia Power and Appalachian Power Company. Va. State Corp. Comm’n, Staff Investigation on the Restructuring of the Electric Industry 1 (2007), available at http://www.scc.virginia.gov/comm/reports/restrct4.pdf.
Craig D. Bell *
This article reviews significant recent developments in the laws affecting Virginia taxation. Each section covers legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation (the “Tax Department”) and the Virginia Attorney General over the past year.
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* Partner, McGuireWoods LLP, Richmond, Virginia. LL.M., 1986, Marshall-Wythe School of Law, College of William & Mary; J.D., 1983, State University of New York at Buffalo; M.B.A., 1980, Syracuse University; B.S., 1979, Syracuse University. Mr. Bell, chair of the McGuireWoods Tax and Employee Benefits Department, practices primarily in the areas of state and local taxation, and civil and criminal tax litigation. He is a Fellow of the American College of Tax Counsel, a Fellow of the Virginia Law Foundation, a Fellow of the American Bar Foundation, a Barrister of the J. Edgar Murdock Inn of Court (United States Tax Court), an adjunct professor of tax law at the College of William & Mary School of Law, and a past chair of both the Tax and Military Law sections of the Virginia State Bar and the Tax Section of the Virginia Bar Association. Mr. Bell is an emeritus director of The Community Tax Law Project, a nonprofit pro bono provider of tax law services for the working poor, and is its recipient of the Lifetime Pro Bono Achievement Award for his pro bono work in representing hundreds of Virginians before the IRS and in United States Tax Court and federal district court, as well as developing and training many lawyers in the area of federal tax law to expand pro bono tax representation for low-income taxpayers.
