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A Tribute To D. Dortch Warriner, Robert R. Merhige Jr.

University of Richmond Law Review

On May 31, 1974, D. Dortch Warriner, an attorney from Emporia, Virginia, took the oath of office as a United States District Judge for the Eastern District of Virginia. That solemn and auspicious occasion, which took place before the bench of the Circuit Court of Brunswick County, Virginia, was the genesis of twelve exciting and contributing years not only for Judge Warriner but for those of us, like myself, who came to know, admire, respect and love him.

A Tribute To D. Dortch Warriner, Theodore J. Burr Jr.

University of Richmond Law Review

I first met David Dortch Warriner in the spring of 1976 when I called him at his Emporia, Virginia office to see if he had a position available in his law firm for a lawyer just out of law school. Although I had not met him prior to my call, I knew a little of him because he was a district chairman in the Republican Party of Virginia at the time.

Improving Expert Testimony, Jack B. Weinstein

University of Richmond Law Review

Our real world outside the ivory towers of academia and the courts grows more and more complex. The law's use of expert witnesses has expanded at a pace reflective of society's reliance on specialized knowledge. Hardly a case of importance is tried today in the federal courts without the involvement of a number of expert witnesses.

Pigeonholes In The Public Forum, Gary C. Leedes

University of Richmond Law Review

Streets, parks, and similar places traditionally used for purposes of discussion and assembly are public forums where people have liberty to communicate their thoughts. Persons lacking the status, money or charisma necessary to command coverage by the mass media often desperately seek access to the public forum. Once access is obtained, ideas can be communicated in a cost-effective manner. However, like other first amendment cases, public forum cases are not fungible. The varying weights of competing interests and the instability of ad hoc balancing tests have created a need for doctrinal structure. The Supreme Court's evolving public forum doctrine is …

Enforcing Competition Through Government Contract Claims, Michael K. Love

University of Richmond Law Review

One of the principal objectives of Congress in enacting laws to govern federal government contract awards is to insure competition by maximizing the number of contractors who compete for these contracts. To insure full and open competition, the specifications in government contracts must permit all responsible sources of goods, services, and construction to compete for the work. Specifications which are drawn so that only one source or a very limited number of sources can compete for the work may effectively thwart competition. Whether and how to enforce this requirement for competitive specifications during contract performance is this article's subject.

To Bare Or Not To Bare: The Constitutionality Of Local Ordinances Banning Nude Sunbathing, Richard B. Kellam, Teri Scott Lovelace

University of Richmond Law Review

One of America's favorite and most popular summertime activities is sunbathing. Millions of Americans enjoy this recreational pastime each year. Sunbathing is a form of relaxation shared by all people, regardless of economic or social status in society. In recent years, the social nudism movement has grown and gained considerable support. One statistic boasts that approximately thirty-three million people have, at some time in their lives, engaged in social nudism in one form or another. As a result of this growth, nudist groups have become highly organized national associations with local chapters throughout the country. It is through these national …

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

It has been a quiet year in the Commonwealth of Virginia, at least in the area of commercial law. There have been only a smattering of cases, for the most part routine, and slight amendments to Virginia's Uniform Commercial Code (the "Code"). The most significant commercial law development occurred neither in the General Assembly nor the courts, but at the Federal Trade Commission, which is again busying itself with the regulation of consumer credit.

Annual Survey Of Virginia Law: Criminal Law, Richard A. Williamson

University of Richmond Law Review

Effective January 1, 1985, the Court of Appeals of Virginia was established. The new intermediate appellate court possesses exclusive jurisdiction over appeals from any final judgment of conviction in a circuit court for a traffic violation or a crime, except where a sentence of death is imposed. The operation of the court of appeals is likely to have a twofold effect on the criminal justice system. First, it should reduce the current backlog of cases in the supreme court; second, it should produce an increase in the number of reported criminal decisions, thereby facilitating an understanding of criminal law and …

Annual Survey Of Virginia Law: Taxation, Carle E. Davis

University of Richmond Law Review

In contrast to tax reform efforts in the federal arena, the Virginia General Assembly made relatively few changes to Title 58.1 of the Code of Virginia (the "Code"). The General Assembly enacted a number of miscellaneous bills, the most important of which affected the sales and use tax, and the real estate and recordation taxes. The Virginia Supreme Court and the Court of Appeals for the Fourth Circuit were likewise quiet in the area of Virginia taxation and rendered only three decisions, none of which is of major significance. After publishing numerous regulations in 1985, the Virginia Department of Taxation …

Virginia's Jury Exemptions: Ripe For Reform, T. S. Ellis Iii, J. Thomas O'Brien Jr.

University of Richmond Law Review

Jury exemptions are frequent targets of derisory comment. Who among us has not heard of the proverbial litigant who, upon hearing his lawyer describe juries and jury exemptions, remarked that only a fool would place his fate in the hands of seven or twelve people who were not smart enough to get excused through an exemption. Indeed, the number and scope of jury exemptions have grown so substantially over the years that it is not unreasonable to suppose that jury non-service is now the norm and jury service the exception.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Law Review Vol. XX.

A Tribute To Willard I. Walker, Murray H. Wright

University of Richmond Law Review

The University of Richmond Law Review respectfully dedicates this issue to the memory of Willard I. Walker, 1929-1986. Judge Walker had served as a Virginia Circuit Court Judge for the Thirteenth Judicial Circuit for more than ten years before his untimely death. He received his law degree from Washington and Lee University in 1956. Judge Walker practiced law in Charlottesville and Richmond, Virginia, before his appointment to the bench. As an adjunct faculty member, Judge Walker inspired law students at both the T.C. Williams School of Law and the University of Virginia. The pages that follow serve as a tribute …

The "Fresh Start" Policy In Consumer Bankruptcy: A Historical Inventory And An Interpretive Theory, Charles G. Hallinan

University of Richmond Law Review

In part II, the article traces the historical development of the idea of providing relief to troubled debtors in bankruptcy, an idea usually summarized as the "fresh start" policy of bankruptcy law. The article catalogs and describes the empirical assumptions and normative judgments underlying the various explanations offered for the availability of a discharge or "fresh start" in bankruptcy. In part II, the article examines the existing Bankruptcy Code in the light of these various theories. The article concludes that the Code's debtor relief provisions are best understood as a form of compulsory insurance for debtors. The nature of insurance …

Landlord Liability For Crimes Committed By Third Parties Against Tenants, C. Stephen Setliff

University of Richmond Law Review

A landlord's potential liability for crimes committed by third parties against tenants has been a dynamic and expanding area of the law since 1970. While several jurisdictions have been reluctant to expand the landlord's liability to his tenant, other courts have found the landlord liable for criminal acts based upon tort and contract principles.

Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson

University of Richmond Law Review

In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …

The T.C. Williams School Of Law Newsletter: Winter 1986

Richmond Law Magazine

Features:

Dean's Farewell

Dr. Samuel Banks Becomes 6th President

James A. Westbrook To Be Second Allen Chair Professor

William Ruckelshaus Keynote Speaker At Environmental Symposium

Administrative Procedure (Annual Survey Of Virginia Law, 1986), John Paul Jones

Law Faculty Publications

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.

Review Of Virginia Lawyers Practice Handbook: Appellate Practice: Virginia And Federal Courts, William Hamilton Bryson

Law Faculty Publications

A book review on Virginia Lawyers Practice Handbook: Appellate Practice: Virginia and Federal Courts by the Committee on Continuing Legal Education of the Virginia Law Foundation.

Consequences Of Converting A Bankruptcy Case, David G. Epstein

Law Faculty Publications

This paper discusses some of the consequences of converting a bankruptcy case from one chapter to another. At present, there are four different forms of bankruptcy: chapter 7, chapter 9, chapter 11, chapter 13. Congress is currently considering creating yet a fifth form of bankruptcy for farmers. Most individual debtors are now eligible for relief under three of the chapters, 7, 11, or 13. Corporate and partnership debtors can now choose between chapter 7 and chapter 11. The various chapters of the Bankruptcy Code differ in both policy and particulars. A chapter 7 case involves liquidation of the "property of …

Is Revision Due For Article 2?, David Frisch

Law Faculty Publications

Although we ask whether Article 2 should be re-examined, it is not our only question. A second question posed is: What are the sources to which one should look in order to discover whether there is a strong enough need to justify a revision? In addition to mentioning sources, we offer a few examples illustrative of the fruits which these sources can produce. By doing so, we hope to spur additional interest because, if discussion of a new Article 2 is to begin, the sooner it begins the better. Revisions take time. Six years can pass from the time a …

The Politics (Book Review), Gary Shapiro

Philosophy Faculty Publications

Review of the book, The Politics, translated by Carnes Lord. Chicago: University of Chicago Press, 1984.

Gadamer, Habermas And The Death Of Art, Gary Shapiro

Philosophy Faculty Publications

Since the appearance of Jurgen Habermas's critical review of Hans-Georg Gadamer's Truth and Method [Wahrheit und Methode], there has been talk of the ‘Gadamer-Habermas debate' among those who are interested in the nature of historical understanding and social rationality. More recently a number of philosophers have come to see that the issues involved are of wider scope, and that the opposition of the two can be seen as emblematic of two very general styles or approaches to philosophy, which are at the centre of contemporary discussion. As one might expect, differences at fundamental levels concerning truth and understanding …

The Relationship Of Stress, Coping, And Social Support To Depression, Katherine B. Wissman

Honors Theses

The relationship of the sources, mediators, and manifestations of stress were examined in a review of the literature. Stress is comprised of microstressors and daily hassles in addition to negative life events and changes. Direct, problem-focused coping mechanisms were found to be more effective in reducing stress than emotion-focused strategies. Social support reduces stress through strong main effects, but the interaction of stress and support depends on the specific types of stress and support under study.

The Effects Of Sex Typing, On The Perception Of Gender In Projected Animal Content, Steven J. Lash

Honors Theses

The present study replicates and extends Lash and Polyson's (1986) findings that a majority of mental images of commonly projected animals are gender associated. In the present study 91 subjects created mental images of the same animals and rated them on degree of masculinity-femininity and clarity on seven point Likert scales. The two studies were very consistent for feminine animals, but many of the masculine associated animals in the original study were found to be non-gender associated. With few exceptions the gender associations generalized across sex type as measured by the Personal Attributes Questionnaire, visualizing ability, and sex of subject. …

Observational Investigation Of School-Aged Children's Peer Relations, Darcy Milhaven

Honors Theses

In recent years, there has been a growing awareness of the importance of early peer relations in the social and emotional development of children (Hartup, 1983; Cowen, Pederson, Babagian, Izzo, & Trost, 1973; Roffl Sells, & Golden, 1972). The recognition of the contribution of peer relations to later adult adjustment has lead to a significant increase in the investigation of children's social relations. In particular, three general methodologies have been employed in these studies. First, informant reports with their origin in the sociometric tradition have utilized peer-, adult-, and self-reports to assess children's social reputations, behavioral characteristics, and self-perceptions (e.g., …

Styles Of Leadership : Leader Behavior In A Crisis Situation, Jacqueline J. Delisle

Honors Theses

This study examined leadership behavior in a simulated crisis situation. The subjects were 16 undergraduate students enrolled in a leadership class. Subjects completed a leadership behavior questionnaire, and two leaders were chosen on the basis of their scores. The remainder of the subjects were assigned to groups in a manner which balanced their average scores. The findings indicated that the appointed leaders made significantly less suggestions as emergent leaders arose and gained power. Possibilities for future research were proposed.

The Future Of Elderly Women : Psychosocial Factors Influencing The Aging Transition, Michelle Dever

Honors Theses

In the U.S. today there is an increasing number of elderly in the population. There are over twenty million persons who are 65 years of age and older. It is predicted that there will be over 32 million older Americans by the year 2000. There has been a greater increase in the number of older women compared to men with women having a greater life expectancy also. The effects of aging on individuals and their ability to adapt to society needs to examined in our society today. There is a special need to study elderly women and the difficulties they …