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Articles 1 - 30 of 43
Full-Text Articles in Entire DC Network
University Of Richmond Law Review Table Of Contents
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 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
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
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
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
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
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
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
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 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
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
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
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
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
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
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
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
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" …
Toxic Torts - Is Strict Liability Really The "Fair And Just" Way To Compensate The Victims?, Dennis R. Honabach
Toxic Torts - Is Strict Liability Really The "Fair And Just" Way To Compensate The Victims?, Dennis R. Honabach
University of Richmond Law Review
The EERA, as proposed, would have declared the manufacture, use, transportation, treatment, storage, and release of hazardous substances to be ultrahazardous activities. It would have imposed joint, several and strict liability on the generator as well as the transporter or disposer of hazardous substances unless the discharge, release or disposal in question was caused solely by an act of God or act of war.
Products Liability And The Virginia Statute Of Limitations - A Call For The Legislative Rescue Squad, Robert I. Stevenson
Products Liability And The Virginia Statute Of Limitations - A Call For The Legislative Rescue Squad, Robert I. Stevenson
University of Richmond Law Review
In recent years a flood of federally-funded scientific break-throughs have on almost a weekly basis established that some form of cancer or other dreaded disease is "caused" by exposure to a man-made product often not previously suspected of having a toxic tendency. Persons so afflicted then seek recovery from the product manufacturer. Their basis in tort is either for negligence in producing so harmful (and thus defective) a product, or for having failed to warn of the danger, or for "strict liability" within Section 402A of the Restatement (Second) of Torts. Where, as in Virginia, there is uncertainty as to …
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
Collateral Estoppel, Rose M. Alexander, Ofie T. Rubin, Anita G. Vaughn, Carol L. Wingo
University of Richmond Law Review
The doctrine of collateral estoppel involves the use of an old judgment in a new action to prevent the relitigation of issues resolved by that old judgment. At common law, use of the doctrine required that the party using collateral estoppel and the party against whom it was used be the same as the parties to the prior judgment. This common law requirement of mutuality has been relaxed and since the United States Supreme Court's 1979 decision in ParklaneHoisery Co. v. Shore, the strict common law requirement of mutuality has all but completely vanished. In Parklane the Court sanctioned the …
In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.
In Re Cheeseman: A Judicial Revision Of Virginia's Homestead Exemption Laws, Henry N. Ware Jr.
University of Richmond Law Review
The Bankruptcy Reform Act of 1978 was the first major revision of federal bankruptcy law in over forty years. An important goal of the Act is to provide the debtor with a "meaningful fresh start." To that end, the Bankruptcy Act provides liberalized allowances in amounts and types of property that a debtor may hold exempt from creditors in an insolvency proceeding. Under section 522 subsection (b) of the Act, however, a state is permitted to "opt out" of the federal exemption scheme and prescribe under its own law the exemptions a debtor may claim. Virginia is among those states …
Panterv. Marshall Field & Co.: The Good Faith Standard For Corporate Directors, Lavinia A. James
Panterv. Marshall Field & Co.: The Good Faith Standard For Corporate Directors, Lavinia A. James
University of Richmond Law Review
Corporate directors traditionally have been immunized from liability for corporate actions involving questions of policy or "business judgment," if such actions are taken in the exercise of due care, in good faith, and in compliance with applicable fiduciary duties. Judicial review of decisions made by corporate boards of directors in unsolicited takeovers generally has been barred by this business judgment rule. A recent challenge to this precept was brought in Panter v. Marshall Field & Co., a Seventh Circuit decision which highlighted many of the issues surrounding application of the business judgment rule in the context of a take-over attempt.
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
"Working To The Contract" In Virginia: Legal Consequences Of Teachers Attempts To Limit Their Contractual Duties, Rebecca D. Bray
University of Richmond Law Review
In 1980, there were 233,000 local government employees in Virginia. Of this number, 60,588 were public school teachers employed by local school boards for the 1980-81 school year. Characterized as both professionals and public employees, public school teachers not only "teach the children" but perform many other duties crucial to the efficient operation of the schools. These additional responsibilities are generally assigned by the teacher's immediate supervisor, usually the school principal, under authority granted by the local school board. Like other state and local government employees in Virginia, teachers have no power to collectively negotiate their contracutal duties' which they …
Surrogate Mother Agreements: Contemporary Legal Aspects Of A Biblical Notion, Margaret D. Townsend
Surrogate Mother Agreements: Contemporary Legal Aspects Of A Biblical Notion, Margaret D. Townsend
University of Richmond Law Review
After centuries of silence, modern man again harkens the voice of Sa-ah. With the decline in the number of children available for adoption and the apparent rise in infertility in this country over the past three decades, individuals unable to bear children are seeking alternative methods for becoming parents. Surrogate motherhood is one solution to the age old problem of childless families. A surrogate mother is a woman, married or unmarried, who agrees to have a child for a person who is incapable of giving birth. While the more common utilization of a surrogate occurs in situations where the wife …
Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla
Figuring Good-Time -- The Postconviction Process, Edward D. Barnes, Guy A. Sibilla
University of Richmond Law Review
On July 1, 1981, a new statutory scheme for the administration of parole release became effective in Virginia. Although these new statutes which deal with the system of awarding credits for good conduct are not novel, only two other states, Arkansas and Texas, are reported to have implemented such a scheme. The following article addresses, in a general sense, the parole eligibility and release process in Virginia. This may provide some guidance for practicing attorneys and aid them in representing their clients' interests before the Virginia Parole Board. Additionally, the article reviews the newly introduced good conduct allowance system and …
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
"Arbeit Macht Frei:" Vocational Rehabilitation And The Release Of Virginia's Criminally Insane, Daryl B. Matthews, Patrick J. Coyne
University of Richmond Law Review
The release from confinement of persons acquitted by reason of insanity is one of the most perplexing problems of the criminal law. The insanity acquittee's release confronts our deepest fears, and the procedures which society employes in this process force us to face the difficult and often intractable issue of the responsibility of the criminally insane.
Due Process Implications Of Prison Transfers, Eugene Murphy
Due Process Implications Of Prison Transfers, Eugene Murphy
University of Richmond Law Review
One of the several anomalies of prison life is the disparate protection afforded inmates transferred to higher security. Although both punitive and administrative transfers often place the inmate in the same building under almost identical conditions, only disciplinary transfers are generally conceded to give rise to due process protection. The inmate confined in isolation for fifteen days as punishment for misconduct is guaranteed a hearing with advance written notice and the rights to present testimony and receive a written decision. On the other hand, the prisoner confined indefinitely in segregation for supposed administrative reasons has such due process rights only …
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
Prison Overcrowding As Cruel And Unusual Punishment In Light Of Rhodes V. Chapman, Elizabeth F. Edwards, Nancy G. Lagow
University of Richmond Law Review
The prison population in the United States is experiencing a period of tremendous growth. Due to the inability of prison construction to keep pace with this growth, prison facilities throughout the country have become severely overcrowded. "The typical prison of the last third of the twentieth century has changed relatively little from the institutions of 150 years earlier." Inmates, forced to live under these conditions, have flocked to the courts seeking relief. Yet, until its 1981 decision in Rhodes v. Chapman, the United States Supreme Court had never reviewed a case in which particular prison conditions were challenged as constituting …