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Articles 1 - 30 of 47
Full-Text Articles in Law
The Supreme Court's Rejection Of Government Indemnification To Agent Orange Manufacturers In Hercules, Inc. V. United States: Distinguishing The Forest From The Trees?, Kacey Reed
University of Richmond Law Review
In recent years, the Supreme Court clarified the scope of immunity afforded to contractors for damages resulting from the performance of a government contract. However, the extent of the government's responsibility to indemnify third party claims resulting from a government contract has remained relatively obscure. Without clear direction, courts rejected government indemnification, relying upon a variety of detailed points of contract law which often concealed larger issues. In an appellate court dissent, Judge Plager criticized this result, warning that "undue attention to trees . . . often hides the forest."' Recently, in Hercules, Inc. v. United States, the Supreme Court …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb
The Corporate Opportunity Doctrine-Recent Cases And The Elusive Goal Of Clarity, Harvey Gelb
University of Richmond Law Review
Diane, a director and public relations executive of a corporation called Discount Department Stores Inc., ("DDS"), which owns fifteen department stores, was having lunch in a restaurant located next to the DDS headquarters building. She was approached by Alice, a real estate agent, who had met Diane sometime ago at a soccer game involving their children. Alice asked Diane if she could join her for lunch, indicating that she had a business matter she wished to discuss. Alice told Diane that she was the selling agent for the owner of a large piece of real estate with an asking price …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, Francis H. Casola, James R. Creekmore
University of Richmond Law Review
Consistent with the recent national trend, antitrust claims in Virginia met with little success in Virginia's courts over the past two years. Not only have the number of antitrust complaints dwindled, but those that are filed are routinely dismissed on the pleadings or by means of summary judgment after discovery. Recent antitrust conspiracy actions have failed for a variety of fundamental reasons, including a lack of standing to bring the action and a lack of a multiplicity of actors capable of engaging in a conspiracy. On the whole, monopolization claims fared no better, and have been dismissed largely because of …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook, Player B. Michelsen
University of Richmond Law Review
The General Assembly did not take any action regarding the Family Court issue in 1997. In 1996, funding for the family court was delayed until June 1, 1998, subject to state funds being "sufficient to provide adequate resources ... for the court to carry out the purposes of [Virginia Code section 20-96] and to fulfill its mission to serve children and families of the Commonwealth."
Foreword, Churchill G. Bowles
Foreword, Churchill G. Bowles
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the fifth annual Allen ChairSymposium issue. This special issue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1997 Allen Chair Symposium conducted by the University of Richmond School of Law. The symposium is held each Spring to create a forum for discourse on legal issues of national and international interest.
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
Medicaid Eligibility Planning For Aged Clients In Virginia, Jonathan D. Frieden
University of Richmond Law Review
The Medicaid program is a jointly financed federal and state assistance program established under Title XIX of the Social Security Act of 1965. The purpose of the program is to provide "federal financial assistance to States that choose to reimburse certain costs of medical treatment for needy persons." The Medicaid program's federal statutory and regulatory framework was described by Justice Powell of the United States Supreme Court as "among the most intricate ever drafted by Congress." Justice Powell added that the Act's "Byzantine construction... makes [it] 'almost unintelligible to the uninitiated." To add to these already significant difficulties, each state …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
The Use Of Facilitated Communication In Child Abuse Prosecutions, James Frederick Watson
University of Richmond Law Review
Before allowing a child who has alleged that he or she has been abused to testify at trial, a judge must be satisfied that the child is competent. In other words, the judge must find that the child has the ability to "observe, record, recollect and recount as well as an understanding of the duty to tell the truth." Determining whether children with certain developmental disorders are competent to testify has recently presented the courts with some difficult issues, as evidenced by a recent case in which the Supreme Court of Kansas upheld a conviction based primarily on the apparent …
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
Adea Doctrinal Impediments To The Fulfillment Of The Wirtz Report Agenda, Michael C. Harper
University of Richmond Law Review
Ideally, this symposium marking the three-decade anniversary of the Age Discrimination in Employment Act (ADEA) would present an opportunity to assess how well the ADEA has achieved its plausible goals. However, I recognize that any definitive assessment of the success of a statute like the ADEA, which requires the modification of the behavior of social actors, must depend on the kind of sophisticated empirical study for which I have neither the time, resources or capability. I also recognize that defending my identification of the goals of the ADEA might itself require an entire essay.
Finding The Pearl In The Oyster: Strategies For A More Effective Implementation Of Virginia's Chesapeake Bay Preservation Act, Patrick J. Skelley Ii
Finding The Pearl In The Oyster: Strategies For A More Effective Implementation Of Virginia's Chesapeake Bay Preservation Act, Patrick J. Skelley Ii
University of Richmond Law Review
Since our nation's infancy, the Chesapeake Bay ("Bay") has been one of Virginia's natural treasures. The Bay is America's largest and historically most productive estuary, valued today as an economic resource, a wilderness sanctuary, and an aesthetic asset. Every year, commercial fishermen harvest blue crabs, oysters, and a multitude of fish species in mass quantities to satiate our desire for seafood. Nature aficionados can observe ospreys, laughing gulls, and other shorebirds taking their share of the Bay's bounty. From the -shoreline, quiet vacation homes overlook the waters across coves and inlets. Despite these idyllic images, the Bay has been facing …
The Adea In The Wake Of Seminole, Edward P. Noonan
The Adea In The Wake Of Seminole, Edward P. Noonan
University of Richmond Law Review
Everyone, regardless of their sex or race, has at least one thing in common, we all get older. Nonetheless, attitudes about our elders in society differ depending on the context. Sometimes the aged are considered wise; other times they are considered incompetent. In 1967, Congress attempted to combat age discrimination in the workplace with the Age Discrimination in Employment Act (ADEA or the Act). Congress found that older Americans faced "disadvantages in their efforts to retain employment" which consisted of arbitrary age limits on employment notwithstanding that person's skill and job performance. Further, Congress prohibited arbitrary age discrimination in a …
Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby
Annual Survey Of Virginia Law: Professional Responsibility, James M. Mccauley, Michael L. Rigsby
University of Richmond Law Review
On October 18, 1996, the Virginia State Bar Council (Council) approved a change in the format of the Code of Professional Responsibility (Code) from canons, disciplinary rules, and ethical considerations to the Model Rules of the American Bar Association (Model Rules). The first twenty-one rules, Model Rules 1.1 through 2.5, were approved in substance with some amendments at the Council's meeting on June 19, 1997. This approval represents approximately one-third of the conversion from the Code to the Model Rules. The second installment of the conversion was approved by Council at its October 1997 meeting. Notwithstanding Council's approval of this …
Interview: The Future Of Corporate Governance In The United States, Ronald J. Gilson
Interview: The Future Of Corporate Governance In The United States, Ronald J. Gilson
University of Richmond Law Review
This is an interview of Professor Ronald J. Gilson. The interviewer is Cheryl L. Conner.
Debt Financing And Motivation, George G. Triantis
Debt Financing And Motivation, George G. Triantis
University of Richmond Law Review
An individual's performance in a given activity is a function of her effort and her competence, as well as her surrounding conditions. Effort, in turn, can be divided into three characteristics: direction, intensity and duration. Intensity and duration of effort reflect the individual's motivation with respect to the given activity. Motivation is the product of a cognitive process that anticipates the outcomes of effort and, particularly, the degree to which the individual will be satisfied or dissatisfied with her performance. While individuals might define satisfaction in terms of input (i.e., the amount of effort applied to the task), they more …
The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri
The American Corporation In The Twenty-First Century: Future Forms Of Structure And Governance, Azizah Y. Al-Hibri
University of Richmond Law Review
The last few decades have ushered in many changes and challenges to the American corporation. Foremost among these is the Technetronic or Information Revolution, which paradoxically not only shrank the world (the macrocosm) into a "global village,"' but at the same time expanded the individual human experience (the microcosm) exponentially. This dual action has created the new Global Economic Order, as well as the sphere of customized industrial production.
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
Does Lack Of An Insurable Interest Preclude An Insurance Agent From Taking An Absolute Assignment Of His Client's Life Policy?, Johnny C. Parker
University of Richmond Law Review
To understand any concept it helps to know the purposes it serves and the objectives it seeks to achieve. The maxim that one "must have an insurable interest in the life or property insured" has haunted insurance law for centuries. This doctrine conditions both the validity and enforceability of insurance contracts upon the existence of an insurable interest in the person who purchases the policy. The considerations which underlie the insurable interest requirement are generally expressed in terms of public policy: (1) against allowing wagering contracts; (2) against fostering temptation to destroy the insured property or life in an effort …
Property And The First Amendment, Mark Cordes
Property And The First Amendment, Mark Cordes
University of Richmond Law Review
The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
University of Richmond Law Review
The poor laws of the original thirteen states can best be described as reluctant public charity. Assistance was provided to some of the poor but, when provided, was strictly rationed to those local residents considered worthy of help. Visitors, strangers and nonresident poor people were not helped and were legally run out of town. Poor relief for the locals was frequently given in ways that were demeaning and destructive to families. Poor people were always expected to work, and even poor children were taken from their families by the authorities and apprenticed to others. Poor adults that could work were …
Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr.
Austin Owen Lecture: Reassessment Should Not Lead To Wholesale Rejection Of The Juvenile Justice System, Lawrence L. Koontz Jr.
University of Richmond Law Review
While coming into the twenty-first century will be a new experience for all of us, we should be conscious of the intersections of the past, present, and future as we near the year 2000.
Crashing The Party- The Supreme Court Subjects Political Parties To Preclearance Under Section 5 Of The Voting Rights Act Of 1965 In Morse V. Republican Party Of Virginia, Matthew M. Farley
Crashing The Party- The Supreme Court Subjects Political Parties To Preclearance Under Section 5 Of The Voting Rights Act Of 1965 In Morse V. Republican Party Of Virginia, Matthew M. Farley
University of Richmond Law Review
If someone told you that whenever a particular "State or political subdivision" attempts to change its voting laws or regulations, they must first receive approval from the Department of Justice or a federal court in the District of Columbia, would you consider this requirement applicable to political parties? Asked in isolation, the question appears too obvious to warrant serious consideration. An understanding of the history of discrimination denying America's blacks full and complete franchise and an understanding of the adoption and evolution of the Voting Rights Act of 1965, however, may give you pause before answering.
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz
University of Richmond Law Review
The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch
The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch
University of Richmond Law Review
The law of trade secrets is central to the protection of commercial interests in information. The protection of information by way of this law has certain advantages not provided by the more "traditional" laws regulating intellectual property, advantages which amplify the growing interest of modern jurisprudence in trade secrets law.1 As has been correctly pointed out, the "traditional" rules governing intellectual property are ill suited to the demands of new technological developments.2 This reality has increased the importance of the law of trade secrets, in as much as it is both more flexible and general, and thus, more easily applied …
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek
University of Richmond Law Review
Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
University of Richmond Law Review
On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
University of Richmond Law Review
The Supreme Court's decision in the case of United States v. Virginia in June of 1996 was a landmark decision that could change how future courts approach and resolve gender-based equal protection claims. The Supreme Court held that the Virginia Military Institute (VMI) could no longer continue its male-only admissions policy as a state-funded institution of higher education. The Court's apparent heightening of the level of scrutiny applied to gender-based classifications from the previously used intermediate scrutiny to an ambiguous standard either somewhere between the traditional intermediate scrutiny and strict scrutiny, or, in effect, a standard equivalent to strict scrutiny, …
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow
University of Richmond Law Review
Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …