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Articles 31 - 42 of 42
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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 Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
University of Richmond Law Review
In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Its purpose was to remedy the environmental problems caused by abandoned hazardous waste sites. Prior to 1980, hazardous waste had been regulated primarily by the Resource Conservation and Recovery Act ("RCRA") and, to a lesser extent, by the Toxic Substances Control Act ("TSCA"). These statutes focused on the prevention of hazardous waste problems. Consequently, they proved inadequate to deal with the increasing threats posed by existing hazardous waste sites.' Congress drafted CERCLA to fill in the gap left by prior legislation.
Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee
Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee
University of Richmond Law Review
Recognizing that private citizens have generally been unable to obtain judicial review of state agency decisions affecting the environment, the General Assembly of Virginia recently resolved to study whether "the citizens of the Commonwealth are provided with adequate remedies for the protection of environmental interests. . ." Specifically, the General Assembly requested that the Institute of Environmental Negotiation at the University of Virginia form a committee to examine the problem and deliver its findings and recommendations during the Assembly's 1992 Session.
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
University of Richmond Law Review
Until recently, our society has refused to acknowledge and recognize the widespread incidence of incest. Childhood sexual abuse, especially incestuous abuse, has reached unconscionable proportions. A representative study by Dr. Diana E. H. Russell determined that as many as thirty-eight percent of the female population have experienced sexual molestation by the age of eighteen years. Formerly, psychiatrists, psychologists, therapists, and other investigators who did discover the severe effects of childhood incestuous abuse on adult women reacted by suppressing and denying their findings.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye
University of Richmond Law Review
This article reviews selected judicial decisions and legislation affecting property law in Virginia during the past year. Part I of this article examines decisions of the Supreme Court of Virginia and the United States District Court for the Western District of Virginia. Also included are several decisions from the United States Bankruptcy Courts for the Eastern and Western Districts of Virginia that examine the relationship between lenders and owners of commercial properties producing rental income.
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: 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.
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
University of Richmond Law Review
Justice William Brennan once observed that disputes about attorneys' fees are "one of the least socially productive types of litigation imaginable." Socially productive or not, attorneys' fees are a major problem in complex litigation today because of both the time and resources needed to determine appropriate fees and the public perception that fees are excessive. While the attorneys' fee problem is not unique to complex suits, the problem is magnified because: 1) complex suits are often more protracted than ordinary suits and necessarily require more lawyers; 2) many fee shifting statutes can be triggered in complex suits; and 3) class …
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.
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.
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 …
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 …