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Articles 1 - 30 of 52
Full-Text Articles in Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith
Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith
University of Richmond Law Review
In 1978, political scientist Beverly Blair Cook wrote Women Judges: The End of Tokenism for a publication of the National Center for State Courts. She observed that the "national proportion of women judges has matched the national proportion of women lawyers on a time lag basis." She compared the number of women law graduates with the number of women judges, finding that in the 1960s, women composed 1-2% of the legal profession and accounted for 1-2% ofjudges. With women repre- senting 4% of all law graduates in the 1960s, the number of women judges increased to 4% in the 1970s. …
Legal Advice Toward Illegal Ends, Joel S. Newman
Legal Advice Toward Illegal Ends, Joel S. Newman
University of Richmond Law Review
Suppose you discovered a wonderful fishing hole hidden on some public lands. Would you be obligated to tell others about it? Of course not. But, could you go out of your way to hide its existence? Of course not-especially not from your friends.
Annual Survey Of Virginia Law: Business And Corporate Law, Thomas E. Repke
Annual Survey Of Virginia Law: Business And Corporate Law, Thomas E. Repke
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses several acts of the 1994 session of the Virginia General Assembly that amend Virginia's corporate, partnership, and limited liability company statutes. Part III discusses recent judicial decisions in Virginia courts that address business and corporate law issues.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
University of Richmond Law Review
Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
University of Richmond Law Review
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result.
Torpedoing The Uniformity Or Maritime Law: American Dredging V. Miller, Joseph P. Bradley
Torpedoing The Uniformity Or Maritime Law: American Dredging V. Miller, Joseph P. Bradley
University of Richmond Law Review
Under the United States Constitution, federal courts have exclusive jurisdiction over cases involving maritime and admiralty issues. Notable exceptions to this exclusivity arise under the "savings to suitors" clause, created by the Judiciary Act of 1789. Under this clause, state courts may hear cases involving maritime or admiralty disputes when state law adequately provides a remedy. Within these suits, however, the state courts must apply substantive federal maritime law under the doctrine of preemption and federal supremacy. Yet, the state courts may provide remedies and attach requirements to those remedies as they see fit, except when these provisions cause material …
Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson
Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson
University of Richmond Law Review
One of the basic tenets of our judicial system is the right of litigants to have a neutral and impartial judge preside over their case. Over the last two hundred years, American legislatures and courts have sought to "secure the impartiality of trial judges by requiring judges to disqualify themselves in various circumstances." The latest Supreme Court case to consider the issue of judicial disqualification was Liteky v. United States.
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
University of Richmond Law Review
Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
University of Richmond Law Review
On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
University of Richmond Law Review
It is an old problem in trademark law. Someone develops a trademark and starts using it on goods or services. Business improves and the company slowly expands into different areas of the country. Sooner or later this first user discovers that someone else in another part of the country is using the same mark on the same goods. Although the second user started using the mark after the first user, the second use was made without knowledge of the first user. The next thing you know, there is a lawsuit. In such a case, who should win?
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
University of Richmond Law Review
For more than two decades, prosecutors, plaintiffs' lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ("RICO" or the "Act"). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory "liberal" interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act.
Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery
Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery
University of Richmond Law Review
In July 1989, five-month-old Ryan Stallings spent two weeks in a hospital after suffering abdominal pains. Ryan was subsequently placed in a foster home when police suspected that he ingested antifreeze while in the care of his mother, twenty-four-year-old Patricia Stallings. Police became suspicious of Patricia because Ryan could not walk and thus was unlikely to ingest antifreeze accidentally. Patricia was allowed to visit Ryan once every week while he remained in foster care under the supervision of the Missouri Division of Family Services. Shortly after her visit on August 31, 1989, Ryan was readmitted to the hospital with symptoms …
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
University of Richmond Law Review
It is well settled in Virginia that charitable organizations are immune from liability arising from tort claims asserted by persons who accept the organizations' charitable benefits. The determination of whether a plaintiff is the beneficiary of charitable bounty is a legal issue for the court to decide. Although most older Virginia cases discuss charitable immunity as it applies to hospitals, the doctrine has been applied to many other types of charitable organizations.
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1994 Session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the Code). In addition to this legislation, there were six Supreme Court of Virginia opinions, one federal district court opinion, one Virginia Circuit Court opinion, and one Virginia Attorney General's opinion in the year ending June 1, 1994 that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
University of Richmond Law Review
Welfare has become a common topic of concern recently as President Clinton and his political adversaries begin battle over the second major element of Clinton's agenda for reform. As a necessary corollary to, and a direct complement of the health care proposal, the welfare system presents the next area that requires reform for a truly effective agenda for change.
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
University of Richmond Law Review
The purposes of the United Nations, as specified in Article 1 of the United Nations Charter, are to "maintain international peace," to promote and encourage "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion" and to "achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character."
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
University of Richmond Law Review
For those concerned with the substantial fiscal problems of government, we have a solution. The solution is - Newcomers. Newcomers are those who will become part of our community in the future but who are not here yet. Like unidentified holders of a contingent remainder, newcomers are not yet around to vote, to peddle influence, or to protect their turf. Since newcomers are not here to complain, now is the time to shift burdens onto their shoulders. Make them pay a larger share of taxes. Assign to them a smaller share of government largesse. Thanks to disarray in American policy …
Tax Treatment Of Contingent Liabilities: The Need For Reform, Ellen H. De Mont
Tax Treatment Of Contingent Liabilities: The Need For Reform, Ellen H. De Mont
University of Richmond Law Review
The proper tax treatment of the assumption of deductible and nondeductible contingent liabilities' for both the buyer and seller in transactions involving taxable asset acquisitions is currently under debate. Case law precedents and the current state of the law are contradictory or, at best, uncertain. Authority on the buyer's side in particular is undefined and authority on the seller's side is sparse. From a tax policy perspective, it is desirable to avoid rules that yield inconsistent results. A healthy economy depends in part upon businesses being able to make decisions based upon expected tax consequences, and currently, a comfortable level …
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Withrow V. Williams And Collateral Review Of Miranda Violations: The Supreme Court Rejects The Rule Of Stone V. Powell Under A Revised View Of Applicable Prudential Concerns, John K. Byrum Jr.
University of Richmond Law Review
More than fifty years before ratification of the Fourth and Fifth Amendments to the Constitution, Lord Camden observed: [I]t is very certain, that the law obligeth no man to accuse himself; because the necessary means of compelling self-accusation, falling upon the innocent as well as the guilty, would be both cruel and unjust; and it should seem, that search for evidence is disallowed upon the same principle. There, too, the innocent would be confounded with the guilty. Over one hundred years later, in Mapp v. Ohio, the Supreme Court affirmed this relationship between Fourth and Fifth Amendment liberties, holding that …
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
University of Richmond Law Review
Only recently' has the Supreme Court given First Amendment protection to commercial speech. Initially, the Court refused to extend constitutional protection to commercial utterances. In Valentine v. Chrestensen, the Court, without citing any precedent, held that "we are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." However, soon after the Chrestensen decision, in the wake of post-war economic development, the Court began to express doubt about its validity. This doubt eventually culminated in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
University of Richmond Law Review
In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
University of Richmond Law Review
The preservation of competition among business entities is vital to the success of any economy. Recognizing the importance of competition, the United States Congress has passed antitrust laws that seek to enhance productivity and protect consumers. Although the antitrust laws, like all statutes, are vulnerable to a variety of different interpretations, "[t]he language of the antitrust statutes, their legislative histories, the major structural features of the antitrust law, and considerations of the scope, nature, consistency, and ease of administration of the law all indicate that the law should be guided solely by the criterion of consumer welfare." The antitrust laws …
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
University of Richmond Law Review
During the First Congress' debate over the bill to establish the Treasury Department, James Madison described the principal responsibility of the Comptroller of the Treasury as "deciding upon the lawfulness and justice of claims and accounts subsisting between the United States and particular citizens: this partakes strongly of the judicial character, and there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive Branch of Government." With the passage of the Budget and Accounting Act of 1921, the General Accounting Office (GAO) was created and the responsibility to settle …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.
Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.
Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.
University of Richmond Law Review
Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney.
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
University of Richmond Law Review
The 1993 Virginia General Assembly enacted two bills to implement the Judicial Council's report to the Governor and General Assembly recommending the creation of a Family Court in Virginia. The Family Court was to be in effect January 1, 1995, provided that the 1994 legislative session passed the necessary funding and appropriation bills. The 1994 Session did not allocate funds; however, rather than allowing the Family Court project to lapse by inaction, the legislature delayed implementation of the court until July 1, 1996.