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Articles 1 - 30 of 42
Full-Text Articles in Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Administrative Procedure, James E. Ryan Jr., Renata Manzo Scruggs
Annual Survey Of Virginia Law: Administrative Procedure, James E. Ryan Jr., Renata Manzo Scruggs
University of Richmond Law Review
In 1989, the Virginia General Assembly made several relatively minor, but significant, changes to the Virginia Administrative Process Act (VAPA). These amendments modified the manner in which agencies may promulgate regulations and conduct informal fact finding hearings. Two new exemptions to the VAPA were created: one for rules for the conduct of specific lottery games; and a second for orders condemning shellfish growing areas. In other changes, rulemaking proceedings conducted by the State Water Control Board (SWCB), certain decisions of the Board of Social Services, and amendments to standards for asbestos inspections became subject to different provisions of the VAPA.
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
University of Richmond Law Review
This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.
Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley, Randal M. Reaves, Paul A. Simpson
Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley, Randal M. Reaves, Paul A. Simpson
University of Richmond Law Review
This survey covers judicial and legislative developments in Virginia employment law between June 1988 and June 1989. The survey does not address judicial and legislative developments in the areas of workers' compensation or unemployment compensation.
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 1989 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code").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 twelve cases from the Supreme Court of Virginia, one case from Virginia's intermediate court of appeals, and one federal case in the year ending June 1, 1989, 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 Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
University of Richmond Law Review
The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible. Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people …
Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley
Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley
University of Richmond Law Review
Professor Bryson's Handbook on Virginia Civil Procedure ("Handbook") which is now out in an expanded second edition, was written as an introduction to Virginia civil procedure for the students who study with him at the T.C. Williams School of Law at the University of Richmond. However, it will find an appreciative audience among two other distinct and occasionally overlapping groups of readers: active litigators who seek a ready reference on Virginia's civil-law procedures and practices, and legal history buffs who enjoy an excursus on the Anglo-American antecedents of Virginia's sometimes unique approach to civil litigation.
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
University of Richmond Law Review
A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.
Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski
University of Richmond Law Review
Increasingly, the state and federal antitrust laws are being invoked in a wide variety of civil, criminal, commercial and professional disputes. While the availability of treble damages and an award of costs and attorneys' fees to a prevailing plaintiff likely provides the impetus for the assertion of civil antitrust claims, such claims have met with little success in Virginia during 1988 and 1989. Rather, antitrust defendants have substantially prevailed by asserting defenses based on, inter alia, antitrust immunity; the failure to establish the required nexus with interstate commerce; the failure to prove the existence of a conspiracy; the failure to …
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
University of Richmond Law Review
In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.
A Tribute To Nina R. Kestin, Daniel T. Murphy
A Tribute To Nina R. Kestin, Daniel T. Murphy
University of Richmond Law Review
The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor Nina R. Kestin, 1947-1989. Professor Kestin earned her law degree and masters degree in taxation from New York University. She practiced law in New York for several years before joining the faculty of the T.C. Williams School of Law here in 1976. Many students learned their tax law and professional responsibility principles from her during her 13 years of teaching. But Professor Kestin taught her colleagues and students much more than the law.
Annual Survey Of Virginia Law: Property Law, James W. Theobald, Charles H. Rothenberg
Annual Survey Of Virginia Law: Property Law, James W. Theobald, Charles H. Rothenberg
University of Richmond Law Review
Numerous court decisions affecting property law in Virginia have been announced since the last edition of this portion of the annual survey. Significant decisions of the Supreme Court of Virginia, Virginia Court of Appeals and the Court of Appeals for the Fourth Circuit are discussed in Section I of this article. Furthermore, a prolific General Assembly has passed various legislation affecting property law ranging from condominiums to zoning. Significant legislation is discussed in Section II.
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 XXIII.
Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas
Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas
University of Richmond Law Review
Often, the first question asked by a plaintiff's attorney in evaluating a serious automobile accident case is, "How much insurance coverage is available?" That same question can pose perplexing issues for defense attorneys or insurance counsel in assessing a client's exposure to liability. In Virginia, these questions often re- quire the attorney to consider the application of Virginia's Uninsured Motorist statutes and the import of "stacking" of coverage.
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
Rules 2:4 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute, it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.
Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz
Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz
University of Richmond Law Review
For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.
Advisory Opinions: Cautions About Non-Judicial Undertakings, Robert H. Kennedy
Advisory Opinions: Cautions About Non-Judicial Undertakings, Robert H. Kennedy
University of Richmond Law Review
Justices of several states, unlike members of the federal judiciary, render advisory opinions to governors and legislatures. In those states, the justices have the authority to issue requested opinions in the absence of pending litigation. Although the practice earlier had more widespread use, it has never been employed by all states. Unless carefully circumscribed, the advisory process has considerable unexamined significance.
Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill
Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill
University of Richmond Law Review
Individuals must jump several major hurdles to earn the right to practice law. One hurdle state bars have traditionally imposed is the requirement that applicants demonstrate their residency in that state. This must be done either upon application, prior to admission, or upon admission. A residency requirement has been imposed on both applicants applying for admission by examination, and attorney applicants admitted on motion without exam.
Tobacco Suits Today: Are Cigarette Plaintiffs Just Blowing Smoke?, Milby Amott Mccarthy
Tobacco Suits Today: Are Cigarette Plaintiffs Just Blowing Smoke?, Milby Amott Mccarthy
University of Richmond Law Review
The Surgeon General has stated that cigarette smoking is the "chief, single, avoidable cause of death in our society and the most important public health issue of our time." Over 200,000 people die each year in the United States as a result of cigarette smoking. Consequently, numerous products liability suits have been filed against tobacco companies. However, until the 1988 decision in CipoIlone v. Liggett Group, Inc., no plaintiff had won a products liability suit against a tobacco company.
Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall
Grand Jury Reform: A Proposal For Change In Virginia, Charles E. Wall
University of Richmond Law Review
Once a cornerstone of American jurisprudence, the requirement of prosecution based upon grand jury indictment no longer stands unchallenged. Instead, alternate means of commencing prosecution, most notably by information and the preliminary hearing, have prompted lawmakers to look at the grand jury with a heightened scrutiny. Subsequently, such alternatives have become the primary prosecutorial tools in many states. Virginia, however, retains the grand jury system which was implemented in colonial times.
Environmental Liens And Title Insurance, Robert S. Bozarth
Environmental Liens And Title Insurance, Robert S. Bozarth
University of Richmond Law Review
Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin
University of Richmond Law Review
In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
What's Current In Asbestos Regulations, Janis L. Kirkland
What's Current In Asbestos Regulations, Janis L. Kirkland
University of Richmond Law Review
Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
Liabilities Of The Innocent Current Owner Of Toxic Property Under Cercla, Diana L. Mcdavid
University of Richmond Law Review
The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 ("CERCLA") was enacted to facilitate prompt cleanup of property contaminated by hazardous wastes. CERCLA seeks to accomplish its goal in part by placing the financial burden of cleanup on those parties who are responsible for the problem and who benefited from the hazardous waste activity. Because environmental cleanup is a national priority and the cost of cleaning up toxic waste sites is staggering, the scope of liability under CERCLA is broad. A clean environment is a laudable goal and compelling responsible parties to bear the cost of cleanup is fair, …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King
Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial decisions, including: (1) two Eastern District of Virginia cases in which Virginia corporate law was applied to help ward-off hostile takeovers; (2) three Fourth Circuit opinions affecting private actions under the federal securities laws; (3) a Supreme Court of Virginia decision specifically enforcing a close corporation buy-sell agreement against a deceased shareholder's widow; (4) an Eastern District of Virginia case in which close corporation squeeze-out allegations were held sufficient to state a federal claim for securities fraud; and (5) a Western District of …
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert
University of Richmond Law Review
This survey of commercial law discusses all Supreme Court of Virginia cases interpreting Virginia's version of the Uniform Commercial Code (the "Code") during the previous year, as well as statutory changes made to the Code in the most recent session of the General Assembly. It also reviews significant Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia. It is current as of about May 1, 1989.
Annual Survey Of Virginia Law: Construction Law, Daniel L. Fitch
Annual Survey Of Virginia Law: Construction Law, Daniel L. Fitch
University of Richmond Law Review
This article examines changes in the statutes affecting the area of construction law made by the General Assembly of Virginia in 1988 and 1989. This article will also examine judicial decisions from 1987, 1988 and the first half of 1989 that have affected construction law in the Commonwealth.
Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl
Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl
University of Richmond Law Review
In 1989, the Virginia General Assembly enacted significant legislation authorizing the creation of an experimental family court. The experimental program is an attempt to examine the unification of the circuit court and the juvenile and domestic relations district court's jurisdiction of divorce cases. The program's goals include the elimination of duplicate hearings, the savings of client costs, and the elimination of de novo appeals.