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University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1982-1984, University Of Richmond

Law School Catalogues

History:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late T. C . Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C . Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

Post-Whalen Double Jeopardy In Virginia, Ronald J. Bacigal

Law Faculty Publications

The constitutional prohibition against double jeopardy serves three distinct purposes: (1) prohibition of a second prosecution after acquittal; (2) prohibition of a second prosecution after conviction; and (3) prohibition of multiple punishments for the same offense. This article addresses the problem of defining "the same offense," and specifically focuses on the application of the Blockburger test in light of Whalen v. United States.

Das Profil Des Juristen In Der Europiiischen Tradition, William Hamilton Bryson

Law Faculty Publications

A book review on, Das Profil des Juristen in der europiiischen Tradition, by Klaus Luig and Detlef Liebs, eds.,

The Perfect Tender Rule - An "Acceptable" Interpretation, David Frisch

Law Faculty Publications

The focus of this article will be on the inherent conflict between the buyer's right to reject and the seller's right to cure. We will first review both the scholarly commentary addressing the issue and the judicial interpretations of the rejection-cure conflict. We will then propose a resolution to the conflict, or an acceptable interpretation, which serves to promote the expressed purposes and policies of the Uniform Commercial Code.

Wills, Trusts, And Estates, Twenty-Sixth Annual Survey Of Developments In Virginia Law, J. Rodney Johnson

Law Faculty Publications

The Virginia General Assembly continued its increased legislative activity in the area of wills, trusts, and estates during the past year by passing three major acts: Exempt Property and Allowances; Acts Barring Property Rights; and the Virginia Small Estate Act. In addition to these major bills, seven additional acts enacted by the General Assembly and four cases decided by the Supreme Court of Virginia involved issues important to both the general practitioner and the specialist in wills and trusts. This article reviews these legislative and judicial developments, with emphasis on the three most important legislative enactments.

Foreign Migratory Divorces: A Reappraisal, Peter N. Swisher

Law Faculty Publications

The purpose of this Article is to review and reappraise the important legal principles involved in foreign country migratory divorces; to discuss the various public policy rationales behind them; and to suggest possible remedies to alleviate much of this ambiguity and confusion.

In undertaking this evaluation, the author is mindful of dual responsibilities-that divorce law in this area should be predictable and uniform in order to maintain the authority of legal precedent; but at the same time it must attempt to approximate, as closely as possible, the clearly demonstrated needs of society.

Of Public Funds And Public Participation: Resolving The Issue Of Agency Authority To Reimburse Public Participants In Administrative Proceedings, Carl W. Tobias

Law Faculty Publications

A number of federal agencies have recently relied upon implied power to reimburse expenses incurred by public participants in administrative proceedings. When the United States Department of Agriculture (USDA) and the Food and Drug Administration (FDA) attempted to exercise this authority, their efforts were challenged by parties who, relying on a purportedly controlling decision of the Second Circuit, contended that participant funding was an impermissible exercise of administrative power. The USDA initiative was upheld in district court, but the FDA program was invalidated by a divided Fourth Circuit panel.

The dispute over agency reimbursement has not been confined to the …

The Court Of Exchequer Comes Of Age, William Hamilton Bryson

Law Faculty Publications

The Exchequer was well established as a court of law in the thirteenth century. For the next three hundred years, the Exchequer court seems to have carried out its duties without much change in function or status. At the beginning of the sixteenth century, the judicial business of the Exchequer amounted to about 200 cases per year as compared with about 2500 in the court of King's Bench and 10,000 in the Common Pleas. However, during the middle period of the reign of Henry VIII, the first signs of growth since the thirteenth century appeared. This expansion of the court …

Brazil's Profit Remittance Law: Reconciling Goals In Foreign Investments, Jan Hoffman French

Sociology and Anthropology Faculty Publications

Promoting foreign investment is a goal of many developing nations. Along with the benefits of that investment, however, foreign participation in development creates problems such as balance of payments deficits caused by the repatriation of profits earned by the foreign investor. Brazil's profit remittance law is one effort to reconcile these problems. By providing for the registration of foreign investment and using a system of reinvestment incentives, the Profit Remittance Law seeks to promote foreign investment while avoiding the loss of capital which results when profits are remitted abroad. The author of this article describes and explains the Profit Remittance …

Fiduciary's Investment Duty - The Peril Of The Prudent Man Rule, J. Rodney Johnson

Law Faculty Publications

The purpose of this article is ( 1) to report on the recent decision in Hoffman v. First Virginia Bank, 1 (2) to identify the several problems this decision has created for the public and for the bar, (3) to propose a statutory solution to these problems, and (4) to suggest an interim approach to these problems that drafters of wills and trusts might take while awaiting the passage of an appropriate statute.

Virginia Law Affecting Churches - Restated, J. Rodney Johnson

Law Faculty Publications

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

H. L. V. Matheson: Can Parental Notification Be Required For Minors Seeking Abortions?, Gail Harrington Miller

University of Richmond Law Review

The extent to which a state can constitutionally legislate concerning abortion has been debated and litigated since the Supreme Court rendered its controversial Roe v. Wade decision which recognized that a woman's fundamental right to privacy under the Constitution encompasses the decision whether or not to terminate her pregnancy. The constitutional questions become more complicated when the state regulates a minors access to abortion due to the unique status of female minors. Although such minor's are biologically capable of conception and childbirth, they are also potentially vulnerable and lack maturity in making informed choices regarding critical matters, such as whether …

Evidentiary Foundations, Fundamentals Of Trial Techniques, Thomas F. Guernsey

University of Richmond Law Review

Any lawyering skill should be taught so as to provide the student or lawyer with the opportunity to plan, implement, and reflect on the execution of the skill. In these two books, Professors Imwinkelried and Mauet have accomplished just that. In writing books that are aimed primarily at the law school market, the authors have provided a valuable resource for the student as well as for the beginning trial lawyer.

Judicial Restraining Orders And The Media: Does It Really Matter Who Is Gagged?, James M. Jennings Ii

University of Richmond Law Review

Writing in Bridges v. California, Justice Hugo Black observed forty years ago that "free speech and fair trials are two of the most cherished policies of our civilization, and it would be a trying task to choose between them." And yet, these constitutionally guaranteed rights have been in conflict since at least 1807.

Prohibition: The Elusive And Misunderstood Writ, David W. Clarke

University of Richmond Law Review

To many legal practitioners the writ of prohibition remains an enigma. Seldom used and even less often understood, this extraordinary remedy at law has long been recognized in Virginia as a tool with which to restrain an offending court from unwarranted conduct. Used properly, the writ will encourage the due and regular administration of justice by confining each tribunal to the exercise of those powers with which it has been entrusted under the constitution and laws of the state. The writ has been defined by the Virginia Supreme Court as "a proceeding between two courts-a superior and an inferior-and is …

The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller

University of Richmond Law Review

On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …

Modification Of An Out Of State Child Custody Decree Under The Uniform Child Custody Jurisdiction Act And The Parental Kidnapping Prevention Act, Arlin F. Ruby

University of Richmond Law Review

Jurisdiction of child custody matters in Virginia is affected by both the Uniform Child Custody Jurisdiction Act (UCCJA) as adopted in Virginia and the federally enacted Parental Kidnapping Prevention Act of 1980 (PKPA). This article analyzes the jurisdictional requirements under both Acts, discusses the interrelationship between the two and suggests a five step analysis by which a Virginia court may determine its jurisdiction in light of this authority.

Meet The New Juvenile And Domestic Relations District Court, Ingrid Michelsen Hillinger

University of Richmond Law Review

Without trumpet or even modest fanfare, the 1981 Virginia General Assembly passed two new subsections to Title 16.1 of the Code of Virginia, amending the jurisdiction of the juvenile and domestic relations district courts (hereinafter cited as J & DR). Despite their uncontroversial passage, they portend significant changes for the J & DR court and the circuit court as well, and have generated surprise and bewilderment among the J & DR court judges. This article explores the meaning of the amendments and their longterm implications.

Federal Regulation Of Consumer-Creditor Relations, Susan B. English

University of Richmond Law Review

As anyone who has taught or practiced in the area of consumer law knows, there have been no texts written until now which attempt to bring together in a concise manner the many statutes and regulations which govern this rapidly developing area of law. Kenneth R. Redden, Professor of Law at the University of Virginia, and James McClellan, Chief Counsel and Staff Director of the Subcommittee on the Separation of Powers of the United States Senate Judiciary Committee, have taken the first step to fill this gap by providing us with a text in the area of consumer-creditor relations.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs

University of Richmond Law Review

The Virginia Freedom of Information Act ("the Act" or "the Virginia Act") requires that all meetings of public bodies be open to the public. One of the purposes of the Act is "to ensure to the people ... free entry to meetings of public bodies wherein the business of the people is beifig conducted." In three cases decided March 12, 1982, the Virginia Supreme Court examined some of the exceptions to this general requirement provided by the Act in section 2.1-344 of the Virginia Code. This section provides the specific purposes for which "executive or closed meetings" may be held …

Employer Duties And Defenses To Osha Violations, Janice G. Murphy

University of Richmond Law Review

The Occupational Safety and Health Act of 1970 (hereinafter the Act) was designed to encourage both employers and employees to reduce the number of occupational safety and health hazards at their places of employment. The Secretary of Labor is authorized by the Act to set mandatory standards applicable to businesses affecting interstate commerce, and the Occupational Safety and Health Review Commission was created to handle the adjudication arising from enforcement of the Act. An employer's duties under the Act are to provide employees a work environment "free from recognized hazards that are causing or are likely to cause death or …

1982 Amendments To Virginia's Driving While Intoxicated Laws, Eddie W. Wilson

University of Richmond Law Review

The problem of fatal automobile crashes involving alcohol-impaired drivers has reached epidemic proportions in the United States. While the exact number of alcohol-related crashes is not known, almost one-half of all fatally injured drivers tested in the United States were found to have been too intoxicated to drive. Although statistics show a lower percentage of alcohol-related fatal crashes in Virginia than the prevailing national average, the pervasiveness of the problem and its dire consequences resulted in legislative action to change Virginia's laws governing drinking and driving.

Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley

University of Richmond Law Review

Two recent decisions by the United States Supreme Court have added a new dimension to the law of search and seizure of automobiles and containers found within motor vehicles. The plurality opinion in Robbins v. California'held that a closed opaque container found in the luggage compartment of a station wagon during the course of a lawful vehicle search could not be seized without a warrant. However, in New York v. Belton, a majority held that a police officer, incident to a lawful custodial arrest of an occupant of an automobile, may search the passenger compartment of that automobile and examine …

The Limitation On Recovery In Medical Negligence Cases, Edward W. Taylor, William G. Shields

University of Richmond Law Review

Chapter 611, 1976 Acts of Assembly, provided for sweeping changes in the laws of medical and hospital negligence in Virginia. The Act affects all medical negligence actions arising after July 1, 1976. The legislation was enacted during a time when many perceived a medical malpractice crisis in Virginia. This article will review the historical background which led to this perception and will analyze whether, in fact, this crisis did exist. Finally, the article will demonstrate that the Act is both unnecessary and more importantly, unconstitutional.

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and others …

Lawyer Advertising: Permissibility Of Indicating The Nature Of Legal Practice In Advertisements, Kenneth J. Alcott

University of Richmond Law Review

Canon 27 of the ABA Canons of Professional Ethics, adopted by the American Bar Association in 1908, provided that it was "unprofessional" for lawyers to advertise or solicit professional employment. This prohibition made sense in a time when most lawyers were general practitioners and communities were small, so that a lawyer's reputation was well known. However, the increasing size and complexity of both society and the law have made it necessary for lawyers to select certain areas of law in which to practices in order to develop the expertise necessary to deal with today's complex legal issues. A corresponding need …

Toxic Substances Litigation In The Fourth Circuit, Francis E. Mcgovern

University of Richmond Law Review

Personal injuries caused by toxic substances have generated problems of major concern to our social, political and legal systems. Reports in the news media concerning harm caused by toxic substances and expressions of public awareness of potential dangers associated with exposure to toxic substances are commonplace. Legislatures, administrative agencies and courts at both federal and state levels have begun to devote substantial energy to addressing issues raised by exposure to toxic Substances. Scientific, industrial, financial, and legal communities are seeking to deal with these problems from a number of different perspectives. Just as terms such as "Love Canal" and "asbestosis" …