Digital Commons Network^™

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Section 1244 Small Business Stock - Professional Responsibility Demands Its Use

University of Richmond Law Review

In 1958, Congress added section 1244 to the Internal Revenue Code, which allows ordinary loss treatment for original owners of specified stock in "small business corporations" when such stock is sold, exchanged at a loss, or when the stock becomes worthless. The purpose of section 1244 is to reduce the discrepancy between the tax treatment of losses sustained by corporations and those sustained by proprietorships or partnerships, thereby diminishing the role which tax considerations play in determining whether a business should be conducted in corporate or in unincorporated form. When an unincorporated business sustains an operating loss, such loss is …

Civil Rights-Standards For Equitable Relief After A Finding Of Employment Discrimination Are Based On Aims Of Title Vii

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 grants the federal courts jurisdiction in employment discrimination matters and sanctions orders of affirmative relief where equitable. This relief, usually in the form of back pay and injunctions, may be awarded upon a finding of intentional, discriminatory labor practices. Being equitable remedies, however, the courts have given numerous and conflicting interpretations as to when such affirmative relief should be awarded or denied. The prior history of Albemarle Paper Co. v. Moody typifies the inconsistencies in this area. The case was a class action under Title VII by former and present employees …

Constitutional Law-Criminal Defendant Guaranteed Right To Self-Representation In State Or Federal Courts

University of Richmond Law Review

Sixteenth and early seventeenth century England did not recognize the right to counsel in criminal cases. In fact, ultimate recognition of this right in 1695 was considered a special privilege bestowed at the discretion of the Crown, rather than a logical development of the common law. Under modern English law, the defendant has an absolute right to counsel, but he must also be allowed to conduct his own case as to matters of fact, leaving issues of law to counsel. It remains unclear, however, whether this concept of self-representation was a right at common law or a corollary of the …

Liability Of The United States For Maritime Torts, Walkley E. Johnson Jr.

University of Richmond Law Review

The United States Government owns and operates by far the largest fleet in the Americas. It is a fleet which includes not only the high profile carriers, cruisers and destroyers but a miscellany of tugs, barges, tankers, frigates, car floats and lighters. It includes cargo vessels as well as warships. Thus, the potential for the commission of maritime torts is manifest simply from the number and variety of government vessels at sea. Add the myriad responsibilities exercised by Government agencies such as the United States Coast Guard, and the potential for tortious involvement is enormous.

Securing A Valid Annexation In Virginia: State And Federal Requirements

University of Richmond Law Review

Municipal expansion by the annexation of surrounding territory involves two separate and distinct procedures in Virginia. Due to the Commonwealth's coverage under the Voting Rights Act of 1965, municipalities seeking annexation must obtain federal approval in addition to satisfying the requirements of state law. Compliance with the Act requires an affirmative showing that the expansion is nondiscriminatory in both its purposes and effects with regard to minority voting strength. Failure to meet these fed- eral requirements will invalidate the annexation, irrespective of its compliance with state law. This note will first examine the law of annexation in Virginia, highlighting its …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Third-Year Practice Rules In Virginia: Notes For The Practitioner, George K. Walker

University of Richmond Law Review

It is pleasing to know that all courts sitting in Virginia have provided for student participation in the processing of cases. Within the boundaries of the Commonwealth, there is a uniform recognition of the need and appropriateness of judicial cooperation in the process of educating young men and women in the law.

Title Vii And 42 U.S.C. § 1981: Two Independent Solutions

University of Richmond Law Review

Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …

Knowledge And Politics, And Law In Modern Society- By Roberto Mangabeira Unger, James M. O'Fallon

University of Richmond Law Review

Professor Unger has given us two striking books, which present an ununusual problem for the reviewer. The great run of books, as the great run of thought, falls into established conventions. They are concerned with elucidating aspects of the convention of which they partake, or challenging competing conventions. Reviewer and reader will usually be aware of the general outlines of the convention, leaving the reviewer with the relatively simple tasks of placing the work within the appropriate convention, and making such critical remarks as appear warranted.

Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court

University of Richmond Law Review

The Equal Employment Opportunity Act of 1972 (EEOA) extended certain provisions of Title VII of the Civil Rights Act of 1964 to federal employees. One such provision extended is contained in § 717(c) . Under this section a federal employee alleging employment discrimination is granted access to a United States district court in two situations: when administrative relief is not provided within 180 days after the filing of the original complaint; or, upon final action being taken by either the agency involved or the Civil Service Commission.

Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki

University of Richmond Law Review

This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …

Married Women And The Name Game, William C. Matthews Jr.

University of Richmond Law Review

The power and force of a name are often underestimated in today's society. For centuries, social and political struggles have often been reflected in struggles over names and the naming process. Names have often been used as a means of insuring allegiance and fealty, as when King John required conquered Welsh insurgents to adopt names identifying them as King John's subjects. In the early 1900's, the resentment against immigrants resulted in strong pleas to prevent them from adopting more common names which disguised their immigrant ancestry. Today, the issue of a married woman's legal name reflects a continuing struggle over …

Challenging Exclusionary Zoning Practices

University of Richmond Law Review

Municipal zoning ordinances are often used to exclude from a community persons of a lower socio-economic status than the existing residents. Such practices, known collectively as exclusionary zoning, have come under increasing attack as the shortage of decent housing, in the United states becomes more severe.

The Suspect And The Grand Jury: A Need For Constitutional Protection, Marshall F. Newman

University of Richmond Law Review

In United States v. Mandujano,I the Supreme Court, while ostensibly reaffirming the proposition that the fifth amendment does not insulate a person charged with perjury from the prosecution's introduction of his false statements, has sanctioned the use of the grand jury as a subterfuge for circumventing the constitutional proscription against compulsory self-incrimination.

Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.

University of Richmond Law Review

A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).

Special Purpose Taxation Districts: Coming Or Going?, John E. Juergensmeyer

University of Richmond Law Review

Special purpose taxing districts, as an instrument of local government, have been widely criticized and commonly blamed for many of the problems of "urban sprawl." However, despite repeated and extensive criticism, and continual attempts to limit and restrict them, special purpose districts have expanded in number and function.

Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg

University of Richmond Law Review

When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …

A Guide To Federal Warranty Legislation-The Magnuson-Moss Act, Richard H. Matthews

University of Richmond Law Review

One of the primary causes of concern in the recent movement toward greater consumer protection has been in the area of product warranties. Limited express warranties, liability disclaimers and ambiguous remedy

procedures often have been used by manufacturers and merchants to strip the consumer of all but a bare minimum of protection against defective products. Finding state laws incapable of adequately solving this problem, Congress preempted the field by enacting the Magnuson-Moss Warranty Act.' This Act makes major changes in the law of warranties and places much heavier legal burdens upon manufacturers and other warrantors. This comment will attempt to …

Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment

University of Richmond Law Review

One of the legacies of the Warren era was the development of a strict standard of judicial review in certain cases brought under the equal protection clause of the fourteenth amendment. Once the Court determined that a fundamental interest had been infringed or denied, the new equal protection analysis required that the challenged statute pass a "compelling interest" test, or be found in violation of the fourteenth amendment. Various interests have been recognized as fundamental and afforded special protection by the Court.

Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection

University of Richmond Law Review

Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.

Tort Law-Interspousal Immunity-Action For Wrongful Death Against Surviving Spouse Held Maintainable When Such Act Terminates Marriage And Neither Child Nor Grandchild Survives Decedent

University of Richmond Law Review

The doctrine of interspousal immunity, established at early common law, considers husband and wife legally one. Under this view of unity, each spouse is precluded procedurally as well as substantively from suing the other in tort. To ameliorate the harshness of this view, the Married Women's Acts or Emancipation Acts were promulgated beginning in 1844. Although these statutes removed some of the disabilities of coverture from women in all of the fifty states, the majority of the statutes, including Virginia's, did not grant one spouse the right to sue the other for a personal tort. As early as 1888, the …

Zoning-Virginia Defines Scope Of Local Power To Impose Dedication And Land Use Requirements Upon Individual Landowners

University of Richmond Law Review

The power of local legislative bodies to enact zoning ordinances to regulate growth within their territorial jurisdictions has long been recognized. Pursuant to several enabling statutes, Virginia cities and counties have chosen various means of implementing this regulatory authority. In response to this trend, Virginia courts have developed general principles for judicial review of zoning ordinances. Simply stated, the purpose of a zoning act must be to promote the public health, safety, morals, or general welfare, to conserve and protect the value of buildings, and to encourage the most appropriate use of the land. If an area is zoned for …

Criminal Law-Federal System Adopts Specific Parameters For The Constitutional Right To A Speedy Trial

University of Richmond Law Review

The right of every criminal defendant to a speedy trial is deeply entrenched in our legal heritage and is specifically included in the Bill of Rights of the United States Constitution. However, though the guarantee of a speedy trial is quite explicit, the courts generally have been confused as to the precise extent of this right. Indeed, the Supreme Court did not expressly recognize the right as fundamental until 1967, and until 1972 had provided no guidelines for determining whether a defendant had been denied the right to a speedy trial. The Court at that time refused to set specific …

Commentaries On The Constitution Of Virginia- By A.E. Dick Howard, William B. Spong Jr.

University of Richmond Law Review

Virginians are aware of the significant contributions made by their forebears to the drafting of the Federal Constitution. They are less mindful of the early history and development of the Virginia constitution. Yet, more than a decade prior to final adoption of our federal charter, a Virginia convention, meeting in Williamsburg in May of 1776, authorized preparation of a Declaration of Rights for Virginia concurrently with enactment of a resolution of independence from Great Britain. This document of self- government, drafted primarily by George Mason and rooted in Magna Carta and the Virginia Charter of 1606, was Virginia's constitution for …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee

University of Richmond Law Review

On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …

The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.

University of Richmond Law Review

To give and live to give again has always been the American way. Traditionally, Americans contribute to those charitable institutions and associations which effectuate their benevolent, philanthropic desires. Many individuals believe the funding of charitable institutions should be primarily by direct contributions from the private sector as opposed to federal and state government subsidies. This view is supported by the federal income, I gift and estate tax deductions.

Hands Off!! The Validity Of Local Massage Parlor Laws

University of Richmond Law Review

Massage parlors are not a recent American phenomenon. They were a pervasive and, to many, a troublesome phenomenon during the "winning of the West."' In 1897, the Supreme Court determined that one advertisement by women inviting men to their "Baths" and "Massage" rooms was too obscene to be printed. In recent years there has been a sudden increase of interest in and concern about massage parlors. This note examines the most prevalent legal problems generated by the regulation of massage parlors: the relationship between the police power and massage parlor establishments, the constitutional concerns of equal protection and substantive due …

Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?

University of Richmond Law Review

While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.