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The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law Jan 1974

The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law

University of Richmond Law Review

The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.


Constitutional Revision: Virginia And The Nation, A.E. Dick Howard Jan 1974

Constitutional Revision: Virginia And The Nation, A.E. Dick Howard

University of Richmond Law Review

For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."