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University of Richmond

1988

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Full-Text Articles in Law

Museletter: December 1988, Muse Law Library Staff Dec 1988

Museletter: December 1988, Muse Law Library Staff

Museletter

Table of Contents:

Season's Greetings, or... Bah, Humbug???

Some Advice for a Law Student Contemplating the Purchase of a Computer by J.P. Jones, Professor of Law, T.C. Williams School of Law

New Microfiche Acquisition Adds Official State Reporters to Law Library Collection

Recreational Reading Reviews by Joyce Manna Janto, Acquisitions Librarian

1Ls to Receive Lexis and Westlaw Training During Spring Semester

Questions & Suggestions

An Open Letter to the Students of T.C. Williams School of Law, from Steve Hinckley


Museletter: September 1988, Muse Law Library Staff Sep 1988

Museletter: September 1988, Muse Law Library Staff

Museletter

Table of Contents:

Here We Go Again...

Microcomputer Lab Opens: IBM-Compatibility and Laser Printing Featured

WordPerfect Version 5.0

Legaltrac: CD-ROM Legal Periodicals Index Greatly Speeds Research

Lexis/Westlaw Access Changes: PC's Replace Dedicated Terminals

Books, Machines, & People on the Move: Space Crunch Necessitates Changes

Recreational Reading Reviews by Joyce Manna Janto, Acquisitions Librarian

Questions & Suggestions


Museletter: April 1988, Muse Law Library Staff Apr 1988

Museletter: April 1988, Muse Law Library Staff

Museletter

Table of Contents:

The Home Stretch

Computer Room Improvements: Conversion to IBM-Compatibility; Use as a Teaching Lab)

First-Year Students Test Westlaw Offline Training Program: Enter "DISCourse"

New Microfiche/film reader -- Printers in Service

We Need Your Help: Chewing tobacco; Food and drinks; Graffiti in the Carrels

Library Display Case

Questions & Suggestions

Recreational Reading Rewviews by Joyce Manna Janto, Acquisitions Librarian

Law Library Summer Hours

Summer Employment at the Law Library


University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1988-1990, University Of Richmond Feb 1988

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1988-1990, University Of Richmond

Law School Catalogues

Method of Instruction:

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. The case method of instruction is used in many courses. The beginning student is trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. Substantive courses, dealing with the content of the law, …


U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch Jan 1988

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This article reviews case law and related developments during 1987, under articles 1, 2, 6, and 7 of the Uniform Commercial Code.


Basic Uniform Commercial Code: Teaching Materials, David G. Epstein Jan 1988

Basic Uniform Commercial Code: Teaching Materials, David G. Epstein

Law Faculty Publications

These materials cover extensions of credit secured by a lien on personal property, sales of goods, commercial paper, credit cards, electronic funds transfer systems, and letters of credit. Some aspects of these subjects are regulated by federal statutes; some aspects are covered only by judicial decisions. Notwithstanding the important body of federal law and common law, the Uniform Commercial Code dominates this book.


An Empirical Case Study Of Informal Alternative Dispute Resolution, Ronald J. Bacigal Jan 1988

An Empirical Case Study Of Informal Alternative Dispute Resolution, Ronald J. Bacigal

Law Faculty Publications

The following Article is taken from that portion of Merhige's biography that addresses the Westinghouse uranium case of the 1970s, perhaps the first of the major "complex cases" to attract national attention. This case study provides an opportunity to examine a judicial decision making process involving four years of litigation, international discovery proceedings, judicial administrative guidelines, diverse national precepts of economics and politics, the interplay between the free market and multinational cartels and embargoes, and lastly, the personality of the trial judge. Shunning any pretense of passivity, Merhige initiated proceedings in the Westinghouse case by ignoring administrative protocol in order …


Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias Jan 1988

Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias

Law Faculty Publications

Feminist jurisprudence is burgeoning. During the 1980s, there has been much excellent work in areas such as legal theory and practice, women's legal history, and specific substantive fields of law. Some law faculty also have analyzed gender bias in legal casebooks. Moreover, the eighth edition of William Prosser's renowned Cases and Materials on Torts, the most widely used torts casebook in American law schools, is scheduled for classroom use in the autumn of 1988. All of these developments make this a promising time to consider gender issues and Prosser, Wade, and Schwartz. This paper is meant to begin that discussion …


Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge Jan 1988

Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge

University of Richmond Law Review

In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.


Unborn Child: Can You Be Protected?, Heather M. White Jan 1988

Unborn Child: Can You Be Protected?, Heather M. White

University of Richmond Law Review

Continuing medical advancement in the area of prenatal care' raises the question of when, if ever, the state may intervene in the life of a pregnant woman to protect her unborn child from abuse and neglect. This issue, though troublesome, can no longer be ignored. Since the Supreme Court's decision in Roe v. Wade, giving the pregnant woman the constitutional right to decide whether or not to terminate her pregnancy, there has been abundant controversy over the allowance of state intervention to protect the human fetus. This controversy necessarily entails a discussion as to when and in what manner the …


Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich Jan 1988

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article is addressed to attorneys with a general practice, as well as those familiar with the creditors' rights area. Its purpose is to alert the non-specialist to developments of the last two years-April 1986 through April 1988. Virginia cases dealing with collection matters and federal bankruptcy decisions are reviewed. Legislation enacted over the past two years is also noted.


Annual Survey Of Virginia Law: Environmental Law Jan 1988

Annual Survey Of Virginia Law: Environmental Law

University of Richmond Law Review

In the past two years Virginia has seen significant legislative changes in its laws protecting public health and the environment. This article addresses not only those changes, but also the implementation of these laws by the responsible state agencies and the court cases construing those laws.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1988

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

A police officer's detention of a citizen is a "seizure" of the person for purposes of the fourth amendment, and must be reasonable in light of the totality of the circumstances. Significant police encounters fall into two categories-the brief investigatory detention and the more intrusive, full-blown arrest.


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl Jan 1988

Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl

University of Richmond Law Review

This article examines amendments to the statutes that affect medical negligence actions made by the General Assembly in 1987 and 1988. In addition, this article reviews judicial decisions from 1986, 1987 and early 1988 that will have impact on medical negligence actions in the Commonwealth of Virginia.


Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter Jan 1988

Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter

University of Richmond Law Review

A Virginia citizen injured in an automobile accident in 1988 who is denied compensation through trial court error will wait an average of 1,165 days (3.2 years) after trial for the Supreme Court of Virginia to rectify the matter. Of course, that wait is only for the seventeen percent of cases that the supreme court elects to review, since Virginia is one of the only states that grants no right of appeal in most civil and criminal cases. By way of limited contrast, a civil appeal in the North Carolina Supreme Court averages be- tween 241 days and 257 days. …


Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes Jan 1988

Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes

University of Richmond Law Review

This article examines the nature of scientific creationism and its educational value. Creation scientists and evolutionists study the origins of life, but their disagreements produce controversies that radiate far beyond the scientific community. Controversies about the content of science courses in public schools are widely reported in the press and have become political footballs. The debates between Clarence Darrow and William Jennings Bryan, and their contemporary counterparts, are the themes of motion pictures and plays. There is enormous public interest in the battle that is portrayed by combatants on both sides as a fight involving not only academic freedom but …


Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler Jan 1988

Annual Survey Of Virginia Law: Domestic Relations, Donald K. Butler

University of Richmond Law Review

In 1988, the Virginia General Assembly made two significant changes with respect to child support awards. First, the authority of the court has been extended so that the court may order support for a child over the age of eighteen who is still attending high school. In order to award support for a child who is no longer a minor, the child must be "(i) a full-time high school senior, (ii) not self-supporting and (iii) living in the home of the parent seeking or receiving child support, until the child reaches the age of nineteen or graduates from high school, …


Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone Jan 1988

Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone

University of Richmond Law Review

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.


Annual Survey Of Virginia Law: Taxation, Carle E. Davis Jan 1988

Annual Survey Of Virginia Law: Taxation, Carle E. Davis

University of Richmond Law Review

In its 1988 session, the Virginia General Assembly passed a multitude of bills amending and supplementing title 58.1 of the Code of Virginia (the "Code"). These bills affected a broad range of areas, including the individual and corporate income tax, the sales and use tax, the local business license tax, and the real estate and recordation taxes.


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1988

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

This article last year noted the disturbing increase in the number of reported cases involving individuals prosecuted for the sexual abuse of children, and the persistence of legislative efforts to address the profound difficulties encountered by young children called as witnesses in those cases. This year, the General Assembly finally yielded to the urgings of those seeking changes in the law, and to the recommendations of a joint legislative subcommittee created in 1987 to study the problem of child abuse victims as witnesses in the courtroom. The subcommittee recommended the enactment of four bills in an effort to minimize the …


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr. Jan 1988

Little House Of Horrors: May A Condominium Association Be Held Liable For Failure To Provide Adequate Security Or Maintenance In The Common Areas?, Phyllis M. Rubinstein, William A. Walsh Jr.

University of Richmond Law Review

The use of the condominium form of ownership has grown at a rapid pace. Since 1961, when Congress authorized the Federal Housing Administration to insure mortgages on condominium dwellings, the lawmaking bodies of every state and the District of Columbia have passed enabling legislation that provides for the creation of a condominium regime with a statutory base. The condominium is a unique form of property ownership, which now constitutes a significant percentage of all new housing starts. Although the development of the condominium has many positive aspects, the unique structure of a typical condominium regime has presented the legal community …


Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell Jan 1988

Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell

University of Richmond Law Review

On April 10, 1987, Governor Gerald L. Baliles established the Governor's Commission to Study Historic Preservation (the Commission). The Governor created the Commission in order to ensure that "Virginia is back in the forefront of our nation's historic preservation efforts," and charged the Commission to examine preservation issues in Virginia and to make recommendations for improving the Commonwealth's preservation program. Governor Baliles addressed the Commission in July of 1987, emphasizing that preservation is not mere reverence for the past. Preservation is, rather, a tool to manage change, to enliven our future, and is "necessary if we are to hand over …


The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr. Jan 1988

The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.

University of Richmond Law Review

The two hundredth anniversary celebration of the United States Constitution in 1987 provided an excellent opportunity to reflect upon how we now interpret the political doctrines that influenced the founding fathers in forming our government. At the time of the American Revolution, the basic tenets and freedoms that were written into the Declaration of Independence, and later incorporated into the Bill of Rights through the efforts of James Madison and George Mason of Virginia were considered essential human rights.


Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr. Jan 1988

Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.

University of Richmond Law Review

The recent eleventh amendment decisions of Welch v. Texas Department of Highways & Public Transportation and Atascadero State Hospital v. Scanlon suggest that the eleventh amendment can affirmatively limit Congress's commerce clause power. However, Garcia v. San Antonio Metropolitan Transit Authority broadly overrules the tenth amendment case of National League of Cities v. Usery, and appears to remove any theoretical foundation for such a limit. Professor Brown, a recent convert to the "congressional supremacist" view, established by Professors Nowak and Tribe, argues that in the aftermath of Garcia all the states have left is "process with a bite, despite any …


A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr. Jan 1988

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).


Response To From Scopes To Edwards, Gary C. Leedes Jan 1988

Response To From Scopes To Edwards, Gary C. Leedes

University of Richmond Law Review

Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …


University Of Richmond Law Review Jan 1988

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.