Virginia Torts Case Finder

Brien Roche\u27s Virginia Torts Case Finder ( Case Finder ) provides a useful research aid for the students and practitioners of tort law in this state. This Case Finder, as the name implies, is a digest-like research tool for tort cases found in the Virginia Reports

Looking for a Nonlegal Process: Physician-Assisted Suicide and the Care Perspective

One of the many benefits of an interdisciplinary seminar like the Allen Chair-sponsored Bioethics seminar held at the University of Richmond Law School in 1995 was that members of the seminar had the opportunity to study the effects of the legal system\u27s attempt to regulate bioethical issues. No question proved more troubling for the seminar than the question of physician-assisted suicide. Seminar participants, both members of the class and speakers, divided deeply on the legality of physician-assisted suicide, and for good reason. The discussions started with court decisions that were found to be both divisive and unsatisfactory. A number of recent court decisions dealing with physician-assisted suicide brought home the point that there are some dilemmas in life whose outcomes should not be left to the courts.\u27 Not only were the courts\u27 holdings hopelessly contradictory to earlier pronouncements, but the courts\u27 analyses were unsatisfactory due to the bipolarization caused by the language of equality and rights that pervaded the legal analyses. The courts\u27 decisions seemed simply to miss the real issues and were unable to weigh the particular circumstances in which physician-assisted suicide seemed appropriate

Challenges to Health Care Reform in 2017

The issue of health care in the US has been a huge challenge to fix. This Article by Paul Zwier provides analysis and policy proposals regarding the resistance to the health care reform. It will first briefly examine the problems the Affordable Care Act was trying to address. Next, it will describe the recent arguments in Congress against reform and what the nomination of Tom Price as head of the U.S. Department of Health and Human Services (DHHS) might portend for what is behind the Affordable Care Act\u27s (ACA) repeal. Lastly, Zwier will propose some potential policies that might be part of the reform that could help overcome this resistance

The Utility of a Nonconsequentialist Rationale for Civil-Jury-Awarded Punitive Damages

This is the published version

Is the Corporation an Enemy of Democracy? How to Give the Corporation a Little Soul

In his masterful book, GREAT TRANSFORMATION, Karl Polanyi theorized that laissez faire market capitalism had within it the eventual demise of democracy. He argued, in effect, that the myth free markets would magically most fairly distribute goods and services among is citizens would become a \u27bad seed,\u27 that would grow to choke out democratic decision-making. In other words, once citizens in a democracy lose jobs and pensions, and get pay cuts, and pay ever increasing prices for medical care, they start to see themselves as pawns in a rigged system justified by free market formulas that are hard to understand. Add in further loss of life savings and investments when markets correct, and the combination of theory and loss will make these people to feel that their lives and fortunes were beyond their control

Moving to an Oral Adversarial System in Mexico: Jurisprudential, Criminal Procedure, Evidence Law, and Trial Advocacy Implications

In 2008, Mexico passed a series of federal constitutional reforms requiring oral adversarial criminal trials. The reforms give Mexican states until 2016 to implement the shift from a written inquisitorial system to the new oral adversarial system. At the time of this writing, twenty-four states have implemented the changes to some degree, with varying degrees of success