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Articles 1 - 30 of 42
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Divorce Denied: Have Mental Cruelty, Constructive Desertion And Reasonable Apprehension Of Bodily Harm Been Abolished In Virginia?, Sylvia Clute
University of Richmond Law Review
In a turmoil of emotional distress and in fear of the outcome of an already deteriorating pregnancy, she fled the marital home with only her small son and a suitcase full of clothes. This woman's husband had publicly and privately bullied, berated, belittled and browbeat her throughout their marriage, but since she became pregnant she feared that his campaign to keep her in a constant state of emotional disequilibrium would also harm the child she carried. Her husband controlled her by keeping a tight grasp on the family finances providing her with meager spending money and forcing her to produce …
Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready
Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready
University of Richmond Law Review
This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.
The Second Amendment: A Study Of Recent Trends, Michael T. O'Donnell
The Second Amendment: A Study Of Recent Trends, Michael T. O'Donnell
University of Richmond Law Review
The second amendment of the Constitution of the United States reads: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The interpretation of these twenty-seven words has generated considerable debate since they were first declared in force in 1791.2 Despite a growing argument over the true meaning of the amendment, the Supreme Court has been reluctant to provide a definitive interpretation of the second amendment and thus give it the recognition it merits.
Annual Survey Of Virginia Law: Employment Law, Robert T. Billingsley, Thomas J. Dillon Iii
Annual Survey Of Virginia Law: Employment Law, Robert T. Billingsley, Thomas J. Dillon Iii
University of Richmond Law Review
This article surveys the judicial and legislative developments in Virginia employment law between June 1990 and June 1991. Developments in the areas of worker's compensation and unemployment compensation, each of which has its own distinctive body of law, are outside the scope of this article.
Annual Survey Of Virginia Law: The Virginia Limited Liability Company Act, S. Brian Farmer, Louis A. Mezzullo
Annual Survey Of Virginia Law: The Virginia Limited Liability Company Act, S. Brian Farmer, Louis A. Mezzullo
University of Richmond Law Review
Since the passage of the sixteenth amendment' in 1913 and the income tax legislation adopted thereunder, the development of new forms of business entities has been driven largely by the desire to harmonize two goals: limited liability for the owners of the entity and pass-through treatment of the entity for income tax purposes.
Free Speech And The Mandated Disclosure Of Information, R. George Wright
Free Speech And The Mandated Disclosure Of Information, R. George Wright
University of Richmond Law Review
This essay focuses on one element of an important, unresolved question in free speech law. The broader unresolved question concerns how freedom of speech, as a legal and social institution, operates best or most efficiently. Our society has often debated how an economy, as a legal and social institution, functions best. On this analogous question, we have generally concluded that the national economy ought to manifest a mixture of at least minimally voluntary marketplace exchanges and appropriate forms of government regulation.
The Like-Kind Exchange Of Partnership Interests Under Irc Section 1031(A)(2)(D): An Historical Analysis Of Alternative Approaches, Vincent John Piazza
The Like-Kind Exchange Of Partnership Interests Under Irc Section 1031(A)(2)(D): An Historical Analysis Of Alternative Approaches, Vincent John Piazza
University of Richmond Law Review
Before the Tax Reform Act of 1984, general partnership interests were considered like-kind property which could be exchanged tax-free under Internal Revenue Code ("IRC") section 1031(a). Prior to 1984, the Internal Revenue Service ("IRS") had tried unsuccessfully to convince the courts that the parenthetical clause of section 1031(a), which excludes certain exchanges of interests from the definition of like-kind property, encompassed all types of equity interests. Since the IRC did not specifically exclude partnership interests, judges were very reluctant to adopt the IRS's over-expansive reading of the statute. After making very little headway with the courts, the IRS and treasury …
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
University of Richmond Law Review
The Limits of Litigation-The Dalkon Shield Controversy is a tightly written, interesting book. It takes the reader from the beginning of the litigation concerning the contraceptive device to the bankruptcy settlement for the claimants. Professor Ronald J. Bacigal provides insight into the competing perspectives of the litigants as these cases crawled through the courts. The book reveals how the physical and emotional injuries that were suffered by so many women placed great pressure on the trial judges to force a resolution.
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
The Threat Of A Second Constitutional Convention: Patrick Henry's Lasting Legacy, Jeffery K. Mitchell
University of Richmond Law Review
The Bill of Rights secured the individual freedoms that constitute the mainstay of American liberty. The Framers of the Constitution did not include these vital rights in the original version of the document. In fact, the first ten amendments were proposed by Congress to secure ratification of the Constitution and, more importantly, to prevent a second constitutional convention.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
University of Richmond Law Review
When the history of Twentieth Century America's jurisprudence is chronicled, a prominent chapter will be devoted to the rise of product liability law. At the beginning of the century, a person injured by a defective product usually had no recourse against either the product's seller or manufacturer. By 1970, the barriers obstructing recovery had been dismantled and it was generally accepted that a seller or manufacturer of a product would be strictly liable to anyone injured by the defective condition of the product.
The Discourse Ethics Alternative To Rust V. Sullivan, Gary Charles Leedes
The Discourse Ethics Alternative To Rust V. Sullivan, Gary Charles Leedes
University of Richmond Law Review
Legal theorists in the United States should pay more attention to Jiirgen Habermas. His theory of discourse ethics provides us with an enriched understanding of the term "normative validity." Discourse ethics "is concerned ...with the grounding of normativity . . .; its central focus is the . . . specification of appropriate validation procedures."' Once participants in political discourse agree on validation procedures, they are then in a position to achieve a fully rational consensus about normatively right laws that are in everyone's best interests.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.
University of Richmond Law Review
The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.
Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor
Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor
University of Richmond Law Review
The right to a mechanic's lien in Virginia is statutorily created and the Supreme Court of Virginia requires strict adherence to these statutes. During mechanic's lien litigation, the validity of the underlying indebtedness to the claimant or the quality of the claimant's work often has little bearing on whether the lien is valid or enforceable. Rather, the question revolves around whether the claimant or his attorney substantially complied with the procedures mandated by the statutes as interpreted by the courts. These procedural or "technical" defenses are usually raised in the initial or preliminary stages of the litigation, long before any …
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
University of Richmond Law Review
Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
University of Richmond Law Review
Victor Walter Garcia Ortiz left El Salvador and came to the United States. In September 1980, he was deported from Los Angeles and returned to El Salvador. In November 1981, he was killed by the Salvadoran National Police. Santana Chirino Amayo was deported back to El Salvador in June 1981. In September 1981, his body was found, tortured and decapitated. Jose Umberto Santacruz Elias was returned to El Salvador in January 1981. He has not been heard from since. Octavio Osequeda, who was returned to El Salvador on July 12, 1982, was killed on July 13, 1982 by special police.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
University of Richmond Law Review
Historians and constitutional scholars have paid scant attention to the process by which the states ratified the Bill of Rights. The states' ratifying conventions of 1787 and 1788 have been examined in great detail, as have the debates of the first Congress which led to the presentation of the Bill of Rights to the states. Scholars, however, have treated the ratification of the first ten amendments as little more than an historical formality. Why more than two full years passed between the Congressional adoption of the proposed amendments and the approval by the requisite number of states has never been …
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney
University of Richmond Law Review
Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
University of Richmond Law Review
The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Foreword, Patricia E. Mealer
Foreword, Patricia E. Mealer
University of Richmond Law Review
This issue of the Annual Survey of Virginia Law is very special. It completes volume twenty-five of the University of Richmond Law Review. Initially, the Law Review was published by the faculty. However, the publication of volume three marked the beginning of the Law Review as a student-run publication.
A Silvery Anniversary, History, Elizabeth B. Lacy
A Silvery Anniversary, History, Elizabeth B. Lacy
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
Virginia federal courts have shown a reluctance this past year to summarily dismiss plaintiffs' antitrust claims on Rule 12(b)(6) motions where there is no factual record. However, once a sufficient record has been established, the courts have continued their rigorous scrutiny of antitrust claims. While this year's decisions contain few victories for antitrust plaintiffs on the merits, surprisingly, their holdings are mixed and cannot be categorized as decidedly pro-plaintiff or defendant. This past year, the Fourth Circuit has limited plaintiffs' actions by broadening the sweep of the intracorporate conspiracy doctrine established in Copperweld Corp. v. Independence Tube Corp. to include …
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 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.
Annual Survey Of Virginia Law: Business And Corporate Law, Rosalie Wacker O'Brien
Annual Survey Of Virginia Law: Business And Corporate Law, Rosalie Wacker O'Brien
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses judicial decisions, including: a United States Supreme Court decision concerning private rights of action under section 14(a) of the Securities Exchange Act of 1934; a Fourth Circuit Court of Appeals opinion denying absolute priority to the FDIC as liquidator; two decisions interpreting the Virginia Stock Corporation Act, one by the Fourth Circuit denying the protection of the good faith standard to directors and one by the United States District Court for the Western District of Virginia refusing to characterize a failed LBO/cash merger as …
Annual Survey Of Virginia Law: Civil Procedure And Practice, George J. Dancigers, Michelle Redavid Rack
Annual Survey Of Virginia Law: Civil Procedure And Practice, George J. Dancigers, Michelle Redavid Rack
University of Richmond Law Review
This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. The scope of the paper does not extend to criminal procedure or topics unique to equity practice.
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law in Virginia discusses significant Uniform Commercial Code ("Code") cases decided by the Virginia Supreme Court during the past year, as well as all significant statutory changes made to the Code during the 1991 session of the General Assembly. It also reviews selected Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia.
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
University of Richmond Law Review
This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.
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 in its role as the most significant contributor to criminal case law. The court ruled on a myriad of issues; the recurring topics involved arrest and investigatory detention, self-defense, the execution of search warrants, double jeopardy, the admissibility of eye-witness identification, and the circumstances and admissibility of a police interrogation. Also, the court ruled on numerous trial and procedural questions regularly encountered by the circuit courts and criminal practitioners.