Digital Commons Network^™

Messenger 1987

The Messenger

No abstract provided.

Fall 1986

University of Richmond Magazine

No abstract provided.

Summer 1986

University of Richmond Magazine

No abstract provided.

Spring 1986

University of Richmond Magazine

No abstract provided.

A Sketch Fragment For 'Il Trovatore', Jesse Rosenberg

Verdi Forum

No abstract provided.

The Autograph Of Aida And The New Verdi Edition, David Lawton

Verdi Forum

No abstract provided.

Apropos Aroldo, Stiffelio, And Le Pasteur, With A List Of 19th Century Performances Of Aroldo, Martin Chusid

Verdi Forum

No abstract provided.

Of Laws, Men, And Judges, D. Dortch Warriner

University of Richmond Law Review

This essay was originally delivered by Judge Warriner as a speech on March 19, 1985, at the T.C. Williams School of Law, University of Richmond. Copyright 1985 by D. Dortch Warriner, all rights reserved.

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

Since the last report, administrative law in Virginia has continued to develop on both the legislative and judicial fronts. This year's General Assembly enacted amendments to the state's administrative procedure statute which embody the third and final round of recommendations by the Governor's Regulatory Reform Advisory Board. The major changes were the standardization of procedures for obtaining judicial review of state agency action and the embodiment in statute of a corps of independent hearing officers.

Note: This submission also includes a small preface from the Law Review Editorial Staff.

Annual Survey Of Virginia Law: Business And Corporate Law, David R. Ruby

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. The most significant development was the enactment by the 1985 session of the Virginia General Assembly of a completely revised Virginia Stock Corporation Act (the "Revised Act"), which generally became effective January 1, 1986. This article does not review the entire Revised Act, but instead focuses on the powerful anti-takeover devices contained in the Revised Act and all of the amendments pertaining to the Revised Act enacted by the 1986 session of the Virginia General Assembly. Additionally, this article will review judicial developments, including the establishment by …

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher

University of Richmond Law Review

The Virginia Premarital Agreement Act was reenacted during the 1986 legislative session of the Virginia General Assembly and became law effective July 1, 1986.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

After unusual activity at both the federal and state levels in the previous year, this past year was a relatively uneventful one where the law of juvenile delinquency was concerned. The historic jail removal legislation enacted at the 1985 session of the Virginia General Assembly became fully effective on July 1, 1986. The provisions of this legislation severely limit the use of an adult jail for juvenile detention purposes and completely ban the dispositional use of such a facility for juveniles.

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …

Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott

University of Richmond Law Review

In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Virginia Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

Reversing a recent trend, the past year was relatively quiet with respect to search and seizure cases. The United States Supreme Court decided two cases dealing with open fields and the curtilage of a dwelling. Dow Chemical Co. v. United States held that the open areas of an industrial plant complex with numerous plant structures spread over an area of 2,000 acres are not analogous to the "curtilage" of a dwelling for purposes of aerial surveillance; such an industrial complex "is more comparable to an open field and as such is open to the view and observation of persons in …

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1986 session of the General Assembly passed eight bills dealing with wills, trusts, and estates. In addition to this legislation, there were four cases from the Virginia Supreme Court and one case from the Fourth Circuit Court of Appeals during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Virginia Code sections they will be referred to in the text by their section numbers only. These section numbers will …

Recent Developments In Virginia Workers' Compensation And Other Employment Laws, Janice R. Moore

University of Richmond Law Review

This survey covers Virginia court decisions affecting the employment relation directly or indirectly, including the Virginia Supreme Court, the Virginia Court of Appeals, and published decisions of various circuit courts. Because this subject area has not been included in earlier surveys of Virginia law, this survey covers the years 1985 and 1986. During this time, Virginia courts have interpreted the rights and duties of employers and employees under the workers' compensation and unemployment compensation statutes; they have examined the remedies available under Virginia law for allegedly tortious conduct in the context of a labor dispute; they have reexamined the employment-at-will …

Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken

University of Richmond Law Review

Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.

Toward A Modern Defamation Law In Virginia: Questions Answered, Questions Raised, David C. Kohler

University of Richmond Law Review

In 1964, the United States Supreme Court decided that defamatory statements are entitled to some first amendment protection. In later cases, the Court has continued to redefine the constitutional landscape of defamation, but many questions remain unanswered. In their attempts to accommodate the Supreme Court's new doctrine, the Virginia state courts have often struggled with the task of redefining their common law rules so that they are consistent with the constitutional prescriptions. Since 1985, the Virginia Supreme Court has issued five opinions attempting to clarify various aspects of defamation law in Virginia. Part I of this article examines these opinions …

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1985 and May 1986. This article also comments on cases in volumes three and four of Virginia Circuit Court Opinions, many of which were decided before 1985, but it is appropriate to mention them here since they were only recently made generally available through publication.

The Purchase Money Security Interest In Inventory Versus The After-Acquired Property Interest-A "No Win" Situation, Nathaniel Hansford

University of Richmond Law Review

Extending credit entails risk. Seldom is a creditor absolutely assured of complete payment of his debt. Not only is there a risk in almost every loan, but the types of risks that must be weighed are manifold. The debtor may be a poor business person and never make a profit sufficient to repay the debt. The debtor class is replete with scoundrels and outright crooks who borrow money without any intention to service the debt. The economy may slump to such a degree that even astute business persons are pressed to pay their outstanding obligations. The creditor's collateral may deteriorate …

The Status Of The At-Will Employment Doctrine In Virginia After Bowman V. State Bank Of Keysville, Gary S. Marshall, Maris M. Wicker

University of Richmond Law Review

The development of the employment-at-will doctrine has tracked the changing character of the work force from the days of simple master-servant domestic relations to the commercial realities of twentieth-century industrial capitalism. The rule grew out of the humane principle that it would be unjust to employ a laborer during the planting and harvesting months, only to discharge that laborer during the harsh winter. Hence, the realities of the agrarian economy of the British Isles and the closeness of the master and domestic servant relationship shaped the yearly hiring rule. This rule developed into a presumption that a hiring for an …

Casting Stones: The Role Of Fault In Virginia Divorce Proceedings, Donald K. Butler, Marilyn D. Russell

University of Richmond Law Review

The national trend is toward eliminating fault as a factor in many aspects of divorce, and in some states it plays virtually no role at all. However, Virginia is among those few remaining states where fault is potentially involved in every aspect of a divorce case.

The Changing Focus Of Peer Review Under Medicare, Peter M. Mellette

University of Richmond Law Review

Consumers today rely on both physicians and the federal government for health care services. A consumer/patient's visit to a physician is the usual method of access to such services. After examining the patient, the physician will typically send the patient home with a prescription for medication or refer the patient for admission to an appropriate health care provider, such as a hospital. In either instance, the patient incurs medical bills. If the patient is age sixty-five or older, the federal government probably pays for most of those bills through the Medicare program.

Voice Spectrography Evidence: Approaches To Admissibility, Sharon E. Gregory

University of Richmond Law Review

The admissibility of the results of voiceprint' analysis as evidence in a criminal trial has received a great deal of attention in the last ten years, both from legal scholars and in the courts. Although a relative newcomer to the field of forensic science, voice spectrography is not a recent development in the field of evidence; Wigmore foresaw the use of a voiceprint as early as 1937, when he suggested that the individuality of a person's voice provided a possible means of speaker identification.

Federal And State Remedies To Clean Up Hazardous Waste Sites, Janis L. Kirkland, James A. Thornhill

University of Richmond Law Review

Over fifty-seven million metric tons of hazardous waste are produced as a by-product of manufacturing in the United States each year. Only ten percent of this waste is disposed of in an environmentally sound manner. The improper disposal of hazardous waste has given rise to crisis areas of national notoriety such as "Love Canal" and "Valley of the Drums." Although the danger to public health and the environment cannot be precisely calculated, the disposal of hazardous waste presents a problem that can no longer be ignored. Virginia's own experience with kepone contamination in the James River exemplifies the dangers and …