First Comes Love: Advocating for a Revival of Pre-Obergefell Estate Planning Vigor for LGBTQ+ Couples and Families

First Comes Love: Advocating for a Revival of Pre-Obergefell Estate Planning Vigor for LGBTQ+ Couples and Families

Read Full Article (PDF)

On June 24, 2022, the Supreme Court of the United States handed down its decision in Dobbs v. Jackson Women’s Health Organization. Beyond the obvious devastation this opinion wreaked on abortion rights nationwide, it also unleashed a fear in communities that have gained substantive rights through the Court’s decisions based on similar reasoning. News organizations and LGBTQ+ advocacy groups quickly published stories discussing the fate of same-sex marriage in a post-Dobbs society. If the Supreme Court were to overturn Obergefell v. Hodges, it would be a crushing loss to the LGBTQ+ community. Not only would it signal the lack of respect for same-sex relationships in society, but it would deprive same-sex couples from the “constellation of benefits” marriage provides.

Kimberly N. Furtado*

* J.D. Candidate, 2024, University of Richmond School of Law.

 

Foreword

Foreword

Read Full Article (PDF)

“Your writing is so bad you will not be considered for Law Review and there is some question about your admittance to Law School.”

Life is strange and ironic. In 1974 as a second year law student at the T. C. Williams School of Law at the University of Richmond, I was invited to submit an article to determine if I would be permitted to serve on the Law Review. A member of the Law Review evaluated my article and met with me. In summation he said my writing was so bad that I would not be considered for Law Review and there was a question about how I was even admitted to law school.

The Honorable L. A. Harris, Jr.

 

Preface

Preface

Read Full Article (PDF)

The University of Richmond Law Review proudly presents the thirty-eighth issue of the Annual Survey of Virginia Law. Since 1985, the Annual Survey has served as a guiding tool for practitioners and students to stay abreast of recent legislative, judicial, and administrative developments in the Commonwealth of Virginia. Today, the Annual Survey is the most widely read publication of the Law Review, reaching lawyers, judges, legislators, and students in every corner of the Commonwealth

Alexandra M. Voehringer *

* Annual Survey Editor.

 

Taxation

Taxation

Read Full Article (PDF)

This Article reviews significant recent developments in the laws affecting Virginia state and local taxation. Its Parts cover legislative activity, judicial decisions, and selected opinions from the past year. Part I of this Article addresses taxes administered by the Virginia Department of Taxation (the “Tax Department” or “Department”). Part II covers local taxes, including real and tangible personal property machinery and tools, license taxes, and other discrete local taxes.

The overall purpose of this Article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation that are most likely to impact their clients. However, it does not address many of the numerous minor, locality-specific, or technical legislative changes to Title 58.1 of the Code of Virginia, which covers taxation.

Craig D. Bell *

* 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.

 

Criminal Law and Procedure

Criminal Law and Procedure

Read Full Article (PDF)

It has been another busy year in the General Assembly and in the appellate courts of Virginia, especially with the recently expanded Court of Appeals. Areas in which the General Assembly made significant changes are now filtering to the appellate courts for interpretation. There have been a number of significant opinions in retroactivity of statutes, probation violations, and mental health.

 

Lauren E. Brice *

Michelle C. F. Derrico **

* Lauren Brice is an Assistant Public Defender with the Virginia Indigent Defense Commission’s Appellate Cohort. Prior to appellate work, Lauren was a Senior Assistant Public Defender in Arlington County specializing in youth defense. Lauren received her JD from George Mason University School of Law in 2013 and her Bachelors in Public Administration and Justice Studies from James Madison University in 2008. 

** Michelle Derrico is a Senior Appellate Attorney with the Virginia Indigent Defense Commission’s Appellate Cohort. She is a double graduate of the University of Georgia, with a BSA in microbiology and animal science in 1981, and a JD in 1990.

 

Civil Practice and Procedure

Civil Practice and Procedure

Read Full Article (PDF)

This Article discusses Supreme Court of Virginia and, for the first time, Court of Appeals of Virginia analysis of procedural issues. The Article further discusses revisions to civil procedure provisions of the Code of Virginia and Rules of the Supreme Court of Virginia in the last year.

The Article first addresses opinions of the supreme court and court of appeals, then new legislation enacted during the 2023 General Assembly Session, and finally revisions to the Rules of the Supreme Court of Virginia.

Christopher S. Dadak *

* Principal, Guynn Waddell, P.C., Salem, Virginia. J.D., 2012, University of Richmond School of Law.