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Articles 31 - 44 of 44
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Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
Two Perspectives On The Real Estate Title System: A Proposal For A Title Registration System For Realty, Martin Lobel
University of Richmond Law Review
As the ancient legal apparatus providing for the transfer of land creaks into the final quarter of the twentieth century, the need for a massive overhaul becomes increasingly clear. Designed and introduced at a time when it could work reasonably well, the land recordation system has now reached senility, its irrationality becoming more and more apparent with each passing year.
Litigation Against A State Trader- A No-Win Contest, Jon Magnusson
Litigation Against A State Trader- A No-Win Contest, Jon Magnusson
University of Richmond Law Review
A litigant who sues a state trading corporation for eight years through two trials, four appeals, and three certiorari denials, and then finally wins a judgment for $411,203.72, but is unable to collect on his judgment, might feel a little discouraged about the fairness of a principle of law that denies him a right to recovery. The principle is "sovereign immunity;" a sovereign state and its property, without its consent, are immune from the adjudicative processes of the courts in another sovereign state. In traditional international law, it does not matter what kind of activity the state is engaged in; …
The "Public Interest" And Bank And Savings And Loan Expansion In Virginia, David Parcell, Richard D. Rogers
The "Public Interest" And Bank And Savings And Loan Expansion In Virginia, David Parcell, Richard D. Rogers
University of Richmond Law Review
In the past, two phrases have been the subject of much evidence and legal argument in proceedings before the Virginia State Corporation Commission (SCC). The two phrases are public need and public convenience and necessity. Application of these two phrases has controlled the formation of new financial institutions and the expansion of existing ones. In 1976, the Virginia General Assembly eliminated in part these two phrases and in their place substituted a single phrase- public interest
The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby
The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby
University of Richmond Law Review
During its last term, the Supreme Court decided two cases involving the production of documents and papers; one involved the use of a search warrant, the other a subpoena duces tecum. Both cases raised the fifth amendment issues. In both instances, the Supreme Court found no violation of the privilege against self-incrimination.
Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer
Constitutional Law-Due Process-Prosecution's Use Of Accused's Silence For Impeachment Purposes Violates Fourteenth Amendment's Due Process Claus, Calvin W. Colyer
University of Richmond Law Review
Fundamental to our adversary system ofjustice is the right to impeach the testimony of an opposition witness. This right extends to a criminal defendant who chooses to take the stand, for his veracity and credibility are in issue. Admission of prior silence as a means of impeaching the testimony of a witness was favored by a broad rule of evidence at common law. However, the existence of an inconsistency between the silence and later testimony was a necessary condition for the admission of the defendant's prior silence. While the courts have not defined the degree of inconsistency required to allow …
Criminal Law-Victims' Rights-Virginia Adopts Statute To Compensate The Victims Of Crime, Charles W. Hazelwood Jr.
Criminal Law-Victims' Rights-Virginia Adopts Statute To Compensate The Victims Of Crime, Charles W. Hazelwood Jr.
University of Richmond Law Review
Concern for the victims of crime has increased in recent years. The enactment by the Virginia General Assembly of a statute to compensate victims of crime reflected this concern. The General Assembly, "as a matter of moral responsibility," decided to aid victims of crime who suffer disability and financial hardship. Underlying Virginia's passage of a victim compensation statute was the recognition that civil remedies against the criminal offender generally have been unsuccessful.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst
Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst
University of Richmond Law Review
The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop
University of Richmond Law Review
During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin
University of Richmond Law Review
Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham
Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham
University of Richmond Law Review
Few cases in debtor-creditor relations have been discussed as much as Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. Despite the volume already written, however, the commentary appears destined to continue for some time to come. Thanks largely to this outpouring of attention, most lawyers and students are acutely aware of the fundamental issue involved in that line of cases, namely: is it constitutional to seize a debtor's property without notice and a hearing? Before Sniadach the answer of most lawyers and students even remotely conversant …
Equal Credit Opportunity Act Amendments Of 1976, Judith B. Henry
Equal Credit Opportunity Act Amendments Of 1976, Judith B. Henry
University of Richmond Law Review
It would be difficult to exaggerate the role of credit in today's society. But for the availability of credit, it would be impossible for most Americans to obtain an education, purchase a car, own a home, or start a business. Because of the increasing popularity of credit cards, credit is relied on daily in consumer transactions. Yet a number of persons have been unable to obtain credit, not because of an inability to repay, but because of their membership in a particular class.
Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg
Sexual Privacy: Access Of A Minor To Contraceptives, Abortion, And Sterilization Without Parental Consent, Karen Henenberg
University of Richmond Law Review
Until recently, a minor's access to ordinary medical treatment and to such services as contraception, abortion, and sterilization has been severely limited by the legal prerequisite of parental consent. While purporting to act in the minor's best interest, the law has hindered making such medical care available to minors who need and desire it. However, the law has been changing; relying on privacy rights as protected by the Constitution, courts and legislatures have granted independent access-in a selective and piecemeal fashion-to medical services concerning reproductive capacity and sexual activity.