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Articles 1 - 30 of 37
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University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Price Fixing And The Illegal Per Se Concept
Price Fixing And The Illegal Per Se Concept
University of Richmond Law Review
The Sherman Anti-Trust Act declares every contract in restraint of trade to be illegal. The early decisions construing this act interpreted the language literally. Since this interpretation would have invalidated nearly all contracts used in the normal course of business, the test was relaxed to a rule of reason Henceforth, the only restraints violative of the Sherman Act were those operating to the prejudice of the public interest by causing undue interference with the free flow of trade. The court soon recognized certain actions as being illegal per se because of their total lack of benefit to the public. Among …
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
University of Richmond Law Review
The use of fines as a criminal sanction has been a part of Anglo-American law for over six hundred years. From the inception of this penalty, however, law making bodies have had to deal with the convicted criminal who fails or refuses to pay the fine imposed upon him. The early non-paying offender faced being sold into slavery unless the necessary funds could be produced by family or friends. From such early remedies for default our present more civilized alternative of imprisonment arose.
Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction
Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction
University of Richmond Law Review
Most of the states make it unlawful for a person to possess a narcotic drug unless authorized under the narcotic drug statutes. Most jurisdictions have adopted the Uniform Narcotic Drug Act with various amendments." Yet in those states in which the UNDA is not in force, the corresponding laws are nearly identical. Generally, the statutes specify that it is unlawful to possess "any narcotic drug." This phrase is considered by most jurisdictions to specify that any amount, even the slightest trace, is sufficient for a conviction, while other states require that a "usable quantity" must be present.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
University of Richmond Law Review
The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
University of Richmond Law Review
Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for the Law Review Volume 5.
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
University of Richmond Law Review
Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.
Nepa: Full Of Sound And Fury?
University of Richmond Law Review
Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.
Student Practice-Limited Appearances In Court By Third Year Law Students
Student Practice-Limited Appearances In Court By Third Year Law Students
University of Richmond Law Review
The practice of law as it is known to our legal system has been a closely guarded institution since its development in England during the Middle Ages. In the fourteenth and fifteenth centuries the legal profession became organized and obtained the monopoly of legal work it still enjoys today. Even before the end of the thirteenth century, it was generally recognized that although a litigant could personally appear and argue in his own behalf, the party represented by a lawyer, who was an expert in the law and its language, would have a decided advantage over his opponent.
The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law
The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law
University of Richmond Law Review
Man is a gregarious animal. As such, he has historically sought the company of other men. He has organized his world into innumerable units-each with its own boundaries, each with its own laws. Once, when immobility and relative isolation characterized his existence, few legal complications arose from the policy differences that had been translated into the laws of his governments. His choice of law rules were relatively simple, predictable, and rigid. But as technology made Cairo as accessible as California-made international communication almost as practical as local conversation-the consequences of human interaction involved in- creasing interstate and international elements.
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
University of Richmond Law Review
At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
University of Richmond Law Review
The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.
The Innkeeper's Lien And Due Process
The Innkeeper's Lien And Due Process
University of Richmond Law Review
The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.
From The Editors
University of Richmond Law Review
The Review this year has made a conscious effort to move its publication date for the Fall issue substantially closer to the opening of classes here at the law school for the Fall session. Having met with some suc- cess, the Fall issue is available approximately a month earlier this year than last, and the proposed publication date for the Spring issue reflects a similar improvement. Our modest goal, of course, is to publish a Fall and Spring issue in fact, rather than in name only.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Damages Recoverable For Wrongful Death, Stuart L. Craig
Damages Recoverable For Wrongful Death, Stuart L. Craig
University of Richmond Law Review
The Virginia Legislature at the 1968 session of the General Assembly amended Section 8-636 of the Code of Virginia and thereby altered drastically both the amount and the method of distribution of damages recoverable under Virginia's Wrongful Death Act.' Only the section dealing with damages and the distribution thereof was altered, but the amendment changed substantially those entitled to an award of damages for financial or pecuniary loss and the conditions prerequisite to recovery for such loss.
Toward Judicial Reform, Edward J. Gurney
Toward Judicial Reform, Edward J. Gurney
University of Richmond Law Review
President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
University of Richmond Law Review
The enactment of the Federal Tort Claims Act (FTCA) on August 2, 1946, provided the most comprehensive waiver of sovereign immunity encountered in the Federal Claims System.
The Emerging Constitutional Privilege To Conceal Confidential News Sources
The Emerging Constitutional Privilege To Conceal Confidential News Sources
University of Richmond Law Review
In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …
The Clear And Present Danger Standard: Its Present Viability
The Clear And Present Danger Standard: Its Present Viability
University of Richmond Law Review
The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …
In Forma Pauperis Relief- An Endless Road?
In Forma Pauperis Relief- An Endless Road?
University of Richmond Law Review
At early common law, a pauper seeking judicial relief prayed to the English Justices in Eyre for a cost-free deliverance. Today, the prayer is the same but the deliverance is provided through in forma pauperis statutes.
From The Editors
University of Richmond Law Review
This issue of the Review is dedicated to the memory of "Mr. B," professor, administrator, and friend of the law school for 50 years. This year's class was the first in half a century to explore the in- tricacies of property, wills and sales without the benefit of his socratic guidance. Though we did not know him as a professor or administrator, we knew him as a friend, and as an institution whose memory serves as an inspiration to those who would conscientiously undertake the study of the law.
A Tribute To James Harmon Barnett, Jr.
A Tribute To James Harmon Barnett, Jr.
University of Richmond Law Review
The Board of Editors of the Review respectfully dedicates this issue to the memory of James Harmon Barnett, Jr., 1891-1970, Professor of Law at the University of Richmond for 50 years.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
University of Richmond Law Review
The evolution 'and development of the corporate conglomerate has been the most significant factor in the growth of twentieth century American enterprise. Corporate growth has far outdistanced that of alternative forms of business. The purchase and sale of an increasing volume of corporate securities has permitted management to raise impressive quantities of capital, and has allowed numerous investors to share in the profits realized from the judicious use of their funds.
Economic Development Of Indian Lands, Roger L. Tuttle
Economic Development Of Indian Lands, Roger L. Tuttle
University of Richmond Law Review
If anything be true of the United States in the second half of the Twentieth Century, it is the rise of humanism and social consciousness on the part of most Americans. The near-universal test applied today to one's personal or group relationships is whether justice is served. The salient examples of the fruit of this concern are the achievements which have been made toward bringing "first class citizenship" to the Negro-American through school desegregation, establishment of uniform nondiscriminatory voting requirements, abolition of separate rest rooms and waiting rooms, and the opening of housing and transportation facilities equally to all. The …
Right To Counsel In Virginia
University of Richmond Law Review
The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …
Possession Of Narcotic Drugs
University of Richmond Law Review
Possession of narcotic drugs, including marijuana, is deemed illegal in Virginia by statute. The concept of possession has been a major contro- versy in criminal proceedings in Virginia and other states. Generally, legal possession has meant the holding of property in one's own power or command. There may be either an actual physical holding, which consists of the power to control the property plus the intent to control the property, or constructive possession, where there is an absence of actual physical control, but a capacity to control along with the intent to control such property.
Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered
University of Richmond Law Review
Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.
Deferred Compensation Under The Tax Reform Act Of 1969, David R. Goode
Deferred Compensation Under The Tax Reform Act Of 1969, David R. Goode
University of Richmond Law Review
Executive compensation covers a broad range of benefits, including current cash payments, stock bonuses and options in their various forms, qualified pension plans, life insurance and even such fringe benefits as use of company provided automobiles and aircraft. A significant portion of the compensation picture encompasses contracts and plans which defer the receipt of income until a taxable period later than the period to which the services giving rise to the compensation are related. Although only one of many compensation devices, deferred compensation is of considerable importance to American industry as a form of executive pay. A recent study of …