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Articles 91 - 115 of 115
Full-Text Articles in Entire DC Network
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 …
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
Babies Behind Bars: Should Incarcerated Mothers Be Allowed To Keep Their Newborns With Them In Prison?, Donna L. Brodie
University of Richmond Law Review
Society's traditional approach to women offenders has been focused on "women as prisoners and not.., prisoners as women." Harsh implications for female offenders who are mothers can result from the view that incarceration not only curtails the prisoner's freedom of movement but also terminates many of the individual's civil rights as well. In reality, these women are doubly penalized with a prison sentence as well as temporary or permanent loss of their parental rights. Modern courts are beginning to recognize that "[a] prisoner retains all of the rights of an ordinary citizen except those expressly, or by necessary implication, taken …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Termination Of Indigents' Parental Rights After Lassiter:Ignoring Complexity And Protecting The Best Interests Of Psychological Parents, Roy M. Sobelson
Termination Of Indigents' Parental Rights After Lassiter:Ignoring Complexity And Protecting The Best Interests Of Psychological Parents, Roy M. Sobelson
University of Richmond Law Review
Of all the civil remedies a state may utilize against its citizens, perhaps the most severe is the termination of one's parental rights. Having been described as a "tearing of the flesh," it clearly represents one of our system's most egregious infringements on the fundamental rights associated with the raising of one's family. While little uniformity exists among the states in terms of grounds for termination, procedures, courts utilized, terminology, and standards of proof required at trial or on appeal, all states have some form of termination remedy available. Most terminations, whether made in conjunction with prospective adoptions or independent …
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
Doe V. Doe: Destroying The Presumption That Homosexual Parents Are Unfit- The New Burden Of Proof, Gary L. Caldwell
University of Richmond Law Review
In a recent decision concerning adoption, the Virginia Supreme Court declined "to hold that every lesbian mother or homosexual father is per se an unfit parent." This finding was apparently at odds with Virginia statutes outlawing marriages between members of the same sex and making it a criminal offense to engage in a homosexual relationship. In rejecting the trial court's use of a conclusive legal presumption that homosexuality is tantamount to a parent's unfitness, the justices closely examined the effects of the appellant's lesbianism upon her son to "determine whether the consequences of harm to the child of allowing the …
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
University of Richmond Law Review
The double jeopardy clause of the fifth amendment of the United States Constitution affords three primary protections. First, the clause protects against a second prosecution for the same offense after acquittal. Secondly, it protects against a second prosecution for the same offense after conviction. Thirdly, the clause prohibits the imposition of multiple punishment for a single offense. Although the double jeopardy principle has roots in antiquity, it may be one of our least understood constitutional protections. This comment will focus on the third protection of double jeopardy as it has been developed by the United States Supreme Court and recently …
Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.
Legal Malpractice In Virginia: Tort Or Contract?, R. Paul Childress Jr.
University of Richmond Law Review
A client who attempts to recover from an attorney does so because the client feels that the attorney has acted negligently. The concepts of standard of care, negligence, and damages are usually associated with actions in tort. However, while an examination of applicable Virginia law reveals that concepts usually associated with tort apply to legal malpractice, the presence of elements of negligence does not always equal tort.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the table of contents for the 1981-1982 issues of the University of Richmond Law Review.
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
Constitutional And Statutory Challenges To Local At-Large Elections, Timothy G. O'Rourke
University of Richmond Law Review
On April 22, 1980, in City of Mobile v. Bolden the United States Supreme Court upheld the constitutionality of at-large elections for the three-member city commission in Mobile, Alabama. In so doing, the Court reversed the judgment of the Fifth Circuit Court of Appeals that Mobile's at-large plan impermissibly diluted the electoral influence of black voters in violation of the fourteenth and fifteenth amendments to the Constitution. The Supreme Court's decision in Bolden [I] emerged from a sharply divided court. A six-person majority in the case consisted of four justices-Stewart, Burger, Powell, and Rehnquist-who joined in a plurality opinion; Justice …
Truthfulness In Negotiation, Thomas F. Guernsey
Truthfulness In Negotiation, Thomas F. Guernsey
University of Richmond Law Review
A great deal has been written on truthfulness in trial advocacy. In his talks and writing, Monroe Freedman sparked the most current version of the debate, though the debate is much older. Given the age of this debate, it is surprising to find that there has been little discussion of truthfulness in the related area of negotiation. A survey of law review articles, cases and ethical opinions reveals little in the way of discussion or guidance. Indeed, books prepared on negotiation are quite limited in their consideration of the ethical issues involved.
The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely
The Insanity Defense In Virginia: An Evaluation, Steven D. Gravely
University of Richmond Law Review
On March 30, 1981, John W. Hinckley, Jr. attempted to assassinate Ronald Reagan, the thirty-ninth President of the United States. More than fifteen months after his arraignment Hinckley was found "not guilty by reason of insanity" to each of the thirteen counts with which he was charged. Hinckley's successful use of the insanity defense has rekindled a debate that has raged for centuries concerning the rationality and propriety of the insanity defense. The controversy stems not only from the fact that the insanity defense is seldom used except in grievous felonies, specifically homicide, or spectacular crimes such as Hinckley's, but …
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
Legal Education In Virginia 1779-1979; Land Use Law: Issues For The Eighties, Lewis T. Booker, Susanne L. Shilling
University of Richmond Law Review
No abstract provided.
Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan
Condominium Conversion Lease Extensions For Elderly And Disabled Tenants: Is Virginia's New Law A Panacea?, Thomas A. Louthan
University of Richmond Law Review
Rental housing has been converted to condominiums at an increasingly rapid rate in recent years. Between 1970 and 1979, approximately 366,000 rental units were converted to condominiums or cooperatives nationwide. In Virginia, the City of Alexandria witnessed 7,173 conversions between 1973 and 1982; and Fairfax County experienced 5,113 conversions from 1974 to 1980. Arlington County experienced approximately 700 conversions per year from 1972 to 1978 and 1,400 per year since January, 1979.
Behavior Modification Techniques Used On Austistic Children : A Literature Review, Timothy J. O'Keefe
Behavior Modification Techniques Used On Austistic Children : A Literature Review, Timothy J. O'Keefe
Honors Theses
The purpose of this paper is to give an overview of the application of behavior therapy techniques to the specific problems of the autistic child. The paper is divided into four sections . The first section consists of a brief introduction of autism and a review of learning theories used in behavior modification. The next section discusses self-stimulatory behavior and selective responding of the autistic child. The third section deals with specific behavior therapies used with specific problems. The last section summarizes the findings of this paper.
The Problems In Research Within Juvenile Corrections, Laura Egerton
The Problems In Research Within Juvenile Corrections, Laura Egerton
Honors Theses
The research included in this evaluation had to meet two criteria. First, it had to be indexed in the 1980 or 1981 Sociological Abstracts of Social Source Citation Index. The research must also have been conducted in a correctional institution or in a diversion program. A diversion program is a community-based therapy program dealing primarily with status and first offenders. The goals of the program vary, but focus primarily on prevention of delinquency through early intervention. Of the over one hundred articles reviewed, only thirty met the criteria. The studies not included focused primarily upon either delinquents on probation or …
The Application Of The Kodaly Method To Instrumental Music Education, Sherry Black
The Application Of The Kodaly Method To Instrumental Music Education, Sherry Black
Honors Theses
Music educator have constantly searched for more effective ways to teach their subject. In the past thirty years, several philosophies and methods of music education have had considerable influence on the music curricula in American schools. An examination of one one of these methods, the Kodaly method, will be the focus of this paper. Zoltan Kodaly, a Hungarian composer and educator, believed that the voice was nature's first instrument and that only though its correct utilization could a child develop correctly in all other aspects of music. The history, goals and techniques of Kodaly's method will be outlined in the …
Assessment, Intervention And Treatment Of Geriatric Psychopathology : A Comparison Of The Medical And Behavioral Models, Susan C. Mcclintock
Assessment, Intervention And Treatment Of Geriatric Psychopathology : A Comparison Of The Medical And Behavioral Models, Susan C. Mcclintock
Honors Theses
The elderly represent nearly a third of the population in public psychiatric facilities. The social and physiological changes associated with aging can lead to a variety of psychiatric disturbances which necessitate institutionalization of the elderly individual. Treatment of these disturbances is likely to be based on the medical model of psychopathology, although findings indicate that behaviorally-oriented therapy may often be the more appropriate course of action. The reported findings carry implications pertinent to the future of geropsychology.