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University of Richmond

Journal

1977

Fuentes v. Shevin

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Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams Jan 1977

Balanced Justice: Mr. Justice Powell And The Constitution, Randolph C. Duvall, John E. Ely, Mark S. Gardner, William C. Goodwin, H. P. Williams

University of Richmond Law Review

In his first five years on the United States Supreme Court, Justice Lewis F. Powell, Jr. has become and will most likely continue to be a leading force in shaping the direction of the Court. In many areas, Justice Powell's desire for judicial flexibility as well as judicial restraint has made him a leader in turning the Burger Court away from the bright-line tests enunciated by the Warren Court. However, where the Warren Court had been flexible, Justice Powell has usually preserved this flexibility and expanded it if possible. The tool consistently utilized to achieve this flexibility has been a …


Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham Jan 1977

Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham

University of Richmond Law Review

Few cases in debtor-creditor relations have been discussed as much as Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. Despite the volume already written, however, the commentary appears destined to continue for some time to come. Thanks largely to this outpouring of attention, most lawyers and students are acutely aware of the fundamental issue involved in that line of cases, namely: is it constitutional to seize a debtor's property without notice and a hearing? Before Sniadach the answer of most lawyers and students even remotely conversant …