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Articles 1 - 30 of 55
Full-Text Articles in Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers
University of Richmond Law Review
During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …
Judiciary: Know Thy Place, Thomas L. Jipping
Judiciary: Know Thy Place, Thomas L. Jipping
University of Richmond Law Review
Alexander Hamilton wrote in The Federalist No.78 that the judiciary "has no influence over ... the purse."' Yet in Missouri v. Jenkins, the Supreme Court approved indirect judicial taxation. Hamilton wrote that the judiciary "will always be the least dangerous" and "beyond comparison the weakest" branch of government. Yet in Roe v. Wade, the Supreme Court created out of nothing a right to choose abortion, invalidated the abortion laws of all fifty states developed over more than a century, and shut millions of Americans out of the process of developing public policy on this important political issue. Hamilton wrote that …
Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers
University of Richmond Law Review
This language opened Justice Douglas' stinging dissent in the 1967 United States Supreme Court decision of Pierson v. Ray, holding that section 1983 of the Civil Rights Act did not abolish the common law doctrine of judicial immunity. Eleven years later, the Court expanded and redefined the scope of the doctrine of judicial immunity in Stump v. Sparkman. The Stump Court attached immunity to actions of a judicial nature taken by a judge in his judicial capacity where such actions were not taken in the clear absence of all jurisdiction. But rather than clarifying the doctrine of judicial immunity, the …
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
University of Richmond Law Review
This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee
University of Richmond Law Review
This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.
Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney
Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney
University of Richmond Law Review
In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …
In Defense Of A Principled Judiciary, Edward E. Mcateer
In Defense Of A Principled Judiciary, Edward E. Mcateer
University of Richmond Law Review
For decades, the justices themselves undermined the honor which ought to be afforded the third branch of the federal government as they regularly exceeded the proper, limited but vitally important role they ought to play. October term after October term, the justices acted as a permanent constitutional convention, disrupting legislative accommodations and settled precedent with regularity.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg
University of Richmond Law Review
Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
University of Richmond Law Review
During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.
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 1992 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, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve 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.
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman
University of Richmond Law Review
The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.
University of Richmond Law Review
The Eighth Amendment prohibits, among other things, "cruel and unusual punishment." In the prison context, the United States Supreme Court historically applied this clause solely to protect prisoners from unfair sentences. It was not until 1976, 185 years after the adoption of the Eighth Amendment that the Supreme Court found cruel and unusual punishment protections to apply to events or conditions experienced by prisoners during incarceration. In Estelle v. Gamble, the Court granted Eighth Amendment protections to a prisoner alleging deprivations during imprisonment. After 1976, the Court seemed to move away from the "hands-off' doctrine, which traditionally granted deference to …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
It's Not Love, But It's Not Bad: A Response To Critics Of Prepaid College Tuition Plans, J. Timothy Philipps, Ed R. Haden
University of Richmond Law Review
Two years ago one of the authors published an article surveying the tax ramifications of prepaid college tuition plans, with a focus on the Michigan plan - the Michigan Education Trust ("MET"). That article took a generally positive view of such plans in general and of MET in particular. It discussed three basic themes: 1) the uncertainty of existing tax law with respect to prepaid tuition plans requires clarifying congressional legislation; 2) the position of the Internal Revenue Service ("Service") with respect to prepaid tuition plans, as enunciated in a private letter ruling addressed to MET, is flawed; and 3) …
Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd
University of Richmond Law Review
In a resounding victory for women's and workers' rights, the U.S. Supreme Court has found that a Wisconsin battery manufacturer, in barring women without proof of infertility from jobs involving exposure to lead, violated the Civil Rights Act of 1964.
Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy
Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy
University of Richmond Law Review
Throughout this nation's history, Americans have turned to the Supreme Court to protect their rights against excesses of the legislative and executive branches. To protect this crucial role of the Court, the Framers realized that neither the executive nor the legislature should have the power to cast the Court in its own image. To prevent this usurpation of one branch by another, the Framers wisely required the President to obtain the advice and consent of the Senate in making appointments to the Supreme Court.
The Role Of The Supreme Court, Charles E. Grassley
The Role Of The Supreme Court, Charles E. Grassley
University of Richmond Law Review
Many people think of the Supreme Court exclusively as a place to safeguard individual rights. Without question, this is an important duty of the Court. However, the Supreme Court serves many other institutional functions as well. These crucial responsibilities are often overlooked, not only by the public, but by those who closely watch the Supreme Court at work.
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen
University of Richmond Law Review
We have just celebrated the Bicentennial of the United States Bill of Rights, a marvelous document that not only has been used to secure a broad range of freedoms for many people in this country, but also has inspired and served as a model for liberty-loving peoples the world over. However, the freedoms enunciated in the Bill of Rights - as well as in other Constitutional provisions - are not self-enforcing.
The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith
The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith
University of Richmond Law Review
The recent philosdphical shift of the Supreme Court toward a more restrained or "conservative" approach to constitutional adjudication brings with it hope for the revitalization of federalism as a constitutional and political principle.
Balancing The Federal Judiciary, Anne Bryant
Balancing The Federal Judiciary, Anne Bryant
University of Richmond Law Review
Since the American Association of University Women first published the associational brief "Balancing the Federal Judiciary" in 1988, two new Associate Justices (David Souter and Clarence Thomas) have joined the Supreme Court. The Court has continued to chip away at the rights of women and minorities, with damaging decisions in areas such as reproductive rights (e.g., Webster v. Reproductive Health Services) and employment discrimination(e.g., Wards Cove Packing Company v. Atonio). With a conservative majority in place on the Supreme Court until well into the next century and Reagan and Bush appointees comprising more than half of the nation's federal judges, …
Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf
Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf
University of Richmond Law Review
There are few greater delights in legal scholarship than the opportunity to have the last word in a symposium featuring distinguished - and dramatically differing - viewpoints. The thirteen contributions that precede this afterword offer a provocative and representative set of reactions to the ongoing debate over the role of the Supreme Court in the American polity. This debate is by no means new, or even middle-aged. The struggle over the confirmation of Associate Justice Clarence Thomas is but the latest in a long line of pressure points in American constitutional history - events such as controversial Supreme Court decisions, …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Remembering A.L. Philpott, Gerald L. Baliles
Remembering A.L. Philpott, Gerald L. Baliles
University of Richmond Law Review
The University of Richmond Law Review's dedication of its 1992 Annual Survey of Virginia Law to the late A.L. Philpott, Speaker of the House of Delegates, is a thoughtful and fitting tribute to a T.C. Williams alumnus and dear friend of the University, and a distinguished public leader in the life of the Commonwealth.
Dedication, James R. Kibler Jr.
Dedication, James R. Kibler Jr.
University of Richmond Law Review
September, 1991 saw the passing of A.L. Philpott, loyal alumnus of the University of Richmond and The T.C. Williams School of Law, Speaker of the House of Delegates, and member of the Virginia General Assembly for thirty-three years. He was 72. Advocate, counsellor, legislator, A.L. Philpott embodied the notion of lawyer as public servant. His contributions to the development of Virginia law and public policy are legion. Perhaps chief among these were his commitment to improving codification of the Code of Virginia and his steadfast devotion to constitutional doctrine and individual liberties. In recognition of his many contributions to the …
The Supreme Court As A Political Institution, Benjamin L. Hooks
The Supreme Court As A Political Institution, Benjamin L. Hooks
University of Richmond Law Review
The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.
Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii.
Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii.
University of Richmond Law Review
This article surveys major developments between May, 1991 and June 1, 1992 that affect business and corporate law in Virginia. Part I discusses major decisions in United States courts. Part II reviews major decisions in Virginia courts. Part III summarizes laws enacted by the Virginia General Assembly during the 1992 Session.
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters
Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters
University of Richmond Law Review
This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.