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Articles 1 - 30 of 55
Full-Text Articles in Entire DC Network
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
University of Richmond Law Review
During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …
Judiciary: Know Thy Place, Thomas L. Jipping
Judiciary: Know Thy Place, Thomas L. Jipping
University of Richmond Law Review
Alexander Hamilton wrote in The Federalist No.78 that the judiciary "has no influence over ... the purse."' Yet in Missouri v. Jenkins, the Supreme Court approved indirect judicial taxation. Hamilton wrote that the judiciary "will always be the least dangerous" and "beyond comparison the weakest" branch of government. Yet in Roe v. Wade, the Supreme Court created out of nothing a right to choose abortion, invalidated the abortion laws of all fifty states developed over more than a century, and shut millions of Americans out of the process of developing public policy on this important political issue. Hamilton wrote that …
Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
University of Richmond Law Review
This language opened Justice Douglas' stinging dissent in the 1967 United States Supreme Court decision of Pierson v. Ray, holding that section 1983 of the Civil Rights Act did not abolish the common law doctrine of judicial immunity. Eleven years later, the Court expanded and redefined the scope of the doctrine of judicial immunity in Stump v. Sparkman. The Stump Court attached immunity to actions of a judicial nature taken by a judge in his judicial capacity where such actions were not taken in the clear absence of all jurisdiction. But rather than clarifying the doctrine of judicial immunity, the …
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
University of Richmond Law Review
This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
University of Richmond Law Review
This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.
Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney
Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney
University of Richmond Law Review
In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …
In Defense Of A Principled Judiciary, Edward E. Mcateer
In Defense Of A Principled Judiciary, Edward E. Mcateer
University of Richmond Law Review
For decades, the justices themselves undermined the honor which ought to be afforded the third branch of the federal government as they regularly exceeded the proper, limited but vitally important role they ought to play. October term after October term, the justices acted as a permanent constitutional convention, disrupting legislative accommodations and settled precedent with regularity.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
University of Richmond Law Review
Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1992 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the Code). In addition, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
University of Richmond Law Review
The Eighth Amendment prohibits, among other things, "cruel and unusual punishment." In the prison context, the United States Supreme Court historically applied this clause solely to protect prisoners from unfair sentences. It was not until 1976, 185 years after the adoption of the Eighth Amendment that the Supreme Court found cruel and unusual punishment protections to apply to events or conditions experienced by prisoners during incarceration. In Estelle v. Gamble, the Court granted Eighth Amendment protections to a prisoner alleging deprivations during imprisonment. After 1976, the Court seemed to move away from the "hands-off' doctrine, which traditionally granted deference to …
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer
University of Richmond Law Review
How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer
University of Richmond Law Review
I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.
Raiding The Establishment: New Perspectives On Takeover Law, Samuel N. Levin
Raiding The Establishment: New Perspectives On Takeover Law, Samuel N. Levin
University of Richmond Law Review
This essay offers a brief description of certain factors influencing the development of the law governing corporate acquisitions. In its most basic terms, the central issue in this field boils down to who should control the wealth and power of our country. The issue encompasses choices based on political, economic and social values. It is my thesis that implicit favoring of establishment groups over "outsiders" underlies recent judicial and legislative actions bolstering management's ability to fend off unwanted acquisitions.
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull
University of Richmond Law Review
Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law …
The Paradox Of United State Democracy, C. A. Gearty
The Paradox Of United State Democracy, C. A. Gearty
University of Richmond Law Review
This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
University of Richmond Law Review
The health care industry continued its dynamic course in late 1991 and early 1992. Feeding the frenzy of activity were the Virginia General Assembly and the judiciary. This article focuses on key legislative, regulatory, and judicial events of the past year, and examines their effect on health care in Virginia.
Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg
Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg
University of Richmond Law Review
Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.
The Role Of The Modern Supreme Court, Ronald D. Rotunda
The Role Of The Modern Supreme Court, Ronald D. Rotunda
University of Richmond Law Review
In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that branch to safeguard the limitations drafted into the Constitution. While the judiciary is "incontestably" and "beyond comparison the weakest of the three departments of power," he conceded, nonetheless, the constitutional limitations on legislative excess "can be preserved in practice no other way than through the medium of courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void."
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Law Review Volume XXVI.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino
University of Richmond Law Review
It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan
University of Richmond Law Review
A Chinese wall is essentially a screening mechanism set up within an institution to act as an "impermeable barrier to intrafirm exchange of confidential information." To prevent inadvertent "leakage" of confidential information, a number of precautions may be taken, including the establishment of organizational and physical structures designed to separate those who possess information from those who should not have it." Although of relatively new use in the legal profession, this type of "wall" is not new. Banks and securities firms, in an effort to protect their clients' financial confidences, routinely erect Chinese walls.
On The Passing Of A.L. Philpott, Theodore V. Morrison Jr.
On The Passing Of A.L. Philpott, Theodore V. Morrison Jr.
University of Richmond Law Review
With the passing of Albert Lee Philpott last year I lost my mentor, constant friend, and the source of the greatest influence on my service in public office.
Annual Survey Of Virginia Law: Taxation, Thomas P. Rohman, Wendy B. Gayle
Annual Survey Of Virginia Law: Taxation, Thomas P. Rohman, Wendy B. Gayle
University of Richmond Law Review
This article covers legislative changes and judicial decisions affecting Virginia taxation from July, 1991 to July, 1992. Its purpose is to alert Virginia's tax and general practitioners to these developments.
Cameras In Virginia Courtroom, Teresa D. Keller
Cameras In Virginia Courtroom, Teresa D. Keller
University of Richmond Law Review
On July 1, 1992, Virginia joined forty other states by allowing cameras into state courtrooms on a permanent basis. A pilot program had been underway since 1987, allowing news coverage by television cameras, audio recorders, and still cameras in a handful of state courtrooms. Lawmakers had extended the experiment twice, delaying a permanent decision in the face of varying opinions about the success of the program. The Supreme Court of Virginia issued two reports over the five year span indicating the pilot program had produced a negative effect on the judicial process. Broadcasters, on the other hand, consistently claimed the …