Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Administrative Law (4)
- Criminal Procedure (4)
- Torts (4)
- Business Organizations Law (3)
- Civil Procedure (3)
-
- Commercial Law (3)
- Labor and Employment Law (3)
- Legislation (3)
- Property Law and Real Estate (3)
- Social and Behavioral Sciences (3)
- Banking and Finance Law (2)
- Bankruptcy Law (2)
- Contracts (2)
- Criminal Law (2)
- Dispute Resolution and Arbitration (2)
- Estates and Trusts (2)
- Evidence (2)
- Family Law (2)
- Indigenous, Indian, and Aboriginal Law (2)
- Judges (2)
- Jurisdiction (2)
- Leadership Studies (2)
- Legal Biography (2)
- Civil Law (1)
- Constitutional Law (1)
- Construction Law (1)
- Courts (1)
- Environmental Law (1)
- First Amendment (1)
- Keyword
-
- Code of Virginia (4)
- General Assembly (4)
- Carter v. Carter (2)
- Clark v. Commonwealth (2)
- Edgar v. MITE Corp (2)
-
- Fair Debt Collection Practices Act (2)
- Federal Employer's Liability Act (2)
- Frye v. Commonwealth (2)
- Hausman v. Hausman (2)
- Hyman v. Glover (2)
- Lambert v. Barker (2)
- McLean Bank v. Nelson (2)
- TC Williams School of Law (2)
- Tax Reform Act (2)
- UCC (2)
- Uniform Commercial Code (2)
- VAPA (2)
- Virginia Stock Corporation Act (2)
- Virginia Tort Claims Act (2)
- Williams Act (2)
- Zampatori v. United Parcel Service (2)
- "Kepone" pollution case (1)
- "Westinghouse Uranium" case (1)
- 60 Minutes (1)
- A Dedication to Thomas A. Edmonds (1)
- A. R. Moyer Inc. v. Graham (1)
- ABA (1)
- ACLU (1)
- ADR (1)
- APA (1)
- Publication
- Publication Type
Articles 1 - 30 of 60
Full-Text Articles in Law
A Tribute To Malcolm Ray Doubles, Ronald J. Bacigal
A Tribute To Malcolm Ray Doubles, Ronald J. Bacigal
Law Faculty Publications
The University of Richmond Law Review respectfully dedicates this issue to the memory of Malcolm Ray Doubles, 1900-1987. Judge Doubles earned his B.S. degree at Davidson College and his law degree at the T.C. Williams School of Law. He practiced with the Richmond law firm of Carter, Crawford and Redd before leaving to become a full-time law professor at the T.C. Williams School of Law. He served as dean of the law school from 1930 to 1947 and from 1971 to 1972, and as Judge of the Hustings Court of Richmond from 1947 to 1965. The pages that follow serve …
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.
Criminal Procedure, Ronald J. Bacigal
Criminal Procedure, Ronald J. Bacigal
Law Faculty Publications
This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).
The T.C. Williams School Of Law Newsletter: Summer 1987
The T.C. Williams School Of Law Newsletter: Summer 1987
Richmond Law Magazine
Features:
Law School Welcomes New Dean : Joseph D. Harbaugh Assumed post in Mid-July
Daniel T. Murphy: A Steady Hand on the Helm
Law School Welcomes New Director of Development
Griffin B. Bell Visits T. C. Williams
Felix E. Edmunds An Outstanding Alumnus
The Passing of a Legal Legend
An Analysis Of The Law Of The Sea And Outer Space Law : Claims Over The Natural Resources Of The "Commons", Robin Elizabeth Lewis
An Analysis Of The Law Of The Sea And Outer Space Law : Claims Over The Natural Resources Of The "Commons", Robin Elizabeth Lewis
Master's Theses
As new areas of the world and outer space have been discovered and explored, man has had to develop regulations to govern the use of these new areas. However, it was not until man possessed the technological means of extracting or using the resources of these new areas that there was an urgent need to develop regulations for the oceans and space. Although some regulations have been established in regards to such areas as the deep sea-bed and remote sensing, there is still a need for the international community's acceptance of these laws. Under-developed nations view the resources discovered within …
Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal
Law Faculty Publications
A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. …
A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal
A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal
Law Faculty Publications
Judge Robert R. Merhige, Jr. assumed the office of federal district judge for the Eastern District of Virginia in August of 1967. Upon discovering that federal judges had lifetime tenure, Merhige's father advised: "Take the job. You'll live forever." Neither the elder Merhige nor any observer could have foreseen the turbulence that would engulf Judge Merhige's life on the bench. Two weeks after his appointment, Merhige was faced with government efforts to silence militant black leader H. Rap Brown. Soon thereafter Merhige confronted numerous civil rights and anti-war issues, gaining some immediate notoriety as the first federal judge to declare …
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Law Faculty Publications
This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue
Law Faculty Publications
Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.
Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch
Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch
Law Faculty Publications
This Article attempts two different but complementary tasks. First, it offers an answer to the "by no means academic question" asked above. In so doing, the Article considers Code rules that affect the buyer-seller relationship and those that impact on the interests of third parties. The conclusion reached is that buyer status occurs at the moment the purchaser obtains the remedial right to the goods vis-a-vis the seller. In most instances, therefore, buyer status will inevitably coincide with the moment the remedy of specific performance or, in some cases, replevin becomes available to the buyer. The Article's second purpose is …
Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl W. Tobias
Law Faculty Publications
During the 1980s Alternative Dispute Resolution (ADR) has come of age. Much experimentation with consensual decisional processes has been conducted in the context of federal administrative agency proceedings. The Administrative Conference of the United States (ACUS) has stamped its imprimatur on the concept of ADR, the Environmental Protection Agency has negotiated successfully several rulemakings, and a plethora of additional agencies have implemented, are experimenting with, or are contemplating the application of, consensual decisional processes. The efficacy of ADR remains controversial and debate continues over how best to implement consensual procedures, while much agency experimentation has proceeded slowly by trial and …
[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins
[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins
Bookshelf
The Diné (Navajos) inhabit a vast land of beauty and grace. It is a sprawling territory, bounded by sacred mountains and great rivers. The Navajo Reservation, first delineated in the 1868 treaty, has nearly quadrupled in size since then through some twenty-five additions. Today, the Diné land base is some 25,000 square miles (sixteen million acres roughly), encompassing a large portion of northeastern Arizona, a part of northwester New Mexico, and some 1,900 square miles in southeastern Utah. This tremendous stretch of land, the largest Indian reservation in the county, is slightly larger than the state of West Virginia.
Navajo …
Virginia State Corporation Commission: Responsible Regulation For The Commonwealth, Elizabeth B. Lacy
Virginia State Corporation Commission: Responsible Regulation For The Commonwealth, Elizabeth B. Lacy
University of Richmond Law Review
The Virginia State Corporation Commission is probably the most powerful agency in the Commonwealth. The SCC has legislative, judicial, and administrative authority. Its jurisdiction includes regulation of railroads, and telephone, telegraph, water, gas and electric utilities, motor carriers, financial institutions, the insurance and securities industries, as well as administration of the laws governing all corporations doing business in Virginia. As such, SCC policies have a significant impact on the business and personal lives of many Virginians. In this article Commission Chairman Elizabeth Lacy provides a brief and insightful view of the SCC's structure, procedures, responsibilities and policies. Chairman Lacy also …
Limited Liability For Shareholders In Virginia Professional Corporations: Fact Or Fiction?, Laura R. Brown
Limited Liability For Shareholders In Virginia Professional Corporations: Fact Or Fiction?, Laura R. Brown
University of Richmond Law Review
In 1970, Virginia enacted the Professional Corporation Act which permits members of certain professions to form corporations for the purpose of rendering professional services. It is available to most professionals as an alternative to practicing individually or in partnerships. While many professionals have formed such corporations to avail themselves of certain tax benefits, others have formed professional corporations simply to gain the advantages of practicing in the corporate form. One traditional advantage of the corporate form is that shareholders are shielded from personal liability for the negligent acts committed by agents or employees of the corporation and for the debts …
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
University of Richmond Law Review
Virginia's recently enacted antitakeover statute, the "Affiliated Transactions" provision of the Virginia Stock Corporation Act, raises serious constitutional and economic questions. Although the form of the statute appears to regulate the internal affairs of Virginia corporations, the substance and practical impact of the statute render it violative of both the commerce and supremacy clauses. Constitutional analysis of state antitakeover legislation necessitates consideration of the economic desirability of an unrestricted market for corporate control. The United States Supreme Court's most recent statement on the subject, in CTS Corp. v. Dynamics Corp. of America, decided on April 21, 1987, reflects a noteworthy …
Annual Survey Of Virginia Law: Employment Law, Patricia K. Epps
Annual Survey Of Virginia Law: Employment Law, Patricia K. Epps
University of Richmond Law Review
This survey covers legislative and judicial developments in Virginia employment law between June 1986 and June 1987. It does not address the workers' compensation and unemployment compensation statutes but focuses on state labor and fair employment laws and the employment-at-will doctrine.
Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby
Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby
University of Richmond Law Review
All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
University of Richmond Law Review
There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
University of Richmond Law Review
Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …
The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman
The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman
University of Richmond Law Review
Second-class mail rates are available only to publications that distribute one- half or more of all circulated copies either to paying subscribers or to persons who have requested that the publication be sent to them. A publication that distributes more than half of its copies free of charge to persons who have not specifically requested copies must pay the higher third-class rate. As a result, the lower rate is denied to many community newspapers and to publications designed to win converts to a political cause or religious faith. This article argues that the Postal Service's unequal treatment of publications without …
Criminal Rico: Forfeiture Of Fees, Sixth Amendment Rights, And Attorney Responsibilities, Elizabeth E. Stanulis
Criminal Rico: Forfeiture Of Fees, Sixth Amendment Rights, And Attorney Responsibilities, Elizabeth E. Stanulis
University of Richmond Law Review
The Racketeer Influenced and Corrupt Organizations Act (RICO) is the most expansive criminal statute ever passed by Congress. The statute and its amendments impose strict penalties for various activities associated with organized crime, including forfeiture of the proceeds of criminal activity. However, RICO's ambiguous language has caused confusion in its interpretation by federal courts.
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Law Review Volume XXI.
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.
Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer
Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer
University of Richmond Law Review
Defamation and invasion of privacy occur routinely during the administration of polygraph examinations in the workplace. Previously, employers have been shielded from liability for defamation on the grounds that publications in this context are protected by a qualified privilege. Until recently, the general perception was that employees had no substantial expectation of privacy in the workplace.
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
University of Richmond Law Review
This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
Diné Bibee Haz' Áanii: An Analysis Of The Navajo Political System, David E. Wilkins
Diné Bibee Haz' Áanii: An Analysis Of The Navajo Political System, David E. Wilkins
Jepson School of Leadership Studies articles, book chapters and other publications
The Diné (Navajo) people have a representative/legislative form of government modeled loosely after the American system. The present governmental structure, established in 1938 by the Secretary of Interior, is outlined in the Navajo Tribal Code. This article encompasses the background of the Code, describes the efforts of tribal and federal officials to enact a tribal constitution, and discusses the key functions of government: legislative, executive and judicial. It also examines the various subunits of government operating within the reservation. Finally, it contains recommendations that, if enacted, could strengthen and legitimize Navajo government.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
University of Richmond Law Review
In enacting the Freedom of Information Act (FOIA) in 1966, Congress provided for broad disclosure of agency records. Although nine specific exemptions were included in the statute, they did not adequately address the Central Intelligence Agency's concern for security. Under the original FOIA, the CIA was required to search and assemble information which would otherwise remain compartmented, even though it was often clear that most or all of the information would fall within a statutory exception. The Central Intelligence Agency Information Act addresses many of the concerns of the CIA, as well as those held by public interest groups who …