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Articles 1 - 30 of 45
Full-Text Articles in Law
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson
University of Richmond Law Review
If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher
University of Richmond Law Review
Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant
University of Richmond Law Review
Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …
Professional Responsibilities Of The Federal Prosecutor, John S. Edwards
Professional Responsibilities Of The Federal Prosecutor, John S. Edwards
University of Richmond Law Review
The United States Attorney is in a unique and powerful position to affect the lives of many persons in the administration of justice in his district. He is vested with broad discretionary authority as the district's chief federal law enforcement officer and prosecutor; this includes the authority to initiate investigations and to bring charges. In exercising his responsibilities, he must be vigorous and vigilant in attacking crime, but must temper his zeal with a recognition that his broader responsibilities are to seek justice and not merely to prosecute with the single-minded goal of winning cases and achieving convictions. He must …
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch
University of Richmond Law Review
Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert
University of Richmond Law Review
The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
University of Richmond Law Review
The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.
The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox
The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox
University of Richmond Law Review
On June 15, 1983, the United States Supreme Court once again addressed the abortion issue, handing down its decisions in City of Akron v. Akron Center for Reproductive Health, Inc., Planned Parenthood Ass'n v. Ashcroft, and Simopoulos v. Virginia. The 1983 Abortion Decisions were an unequivocal reaffirmation of Roe v. Wade and the principle that a woman has a fundamental right to an abortion. On a higher level of analysis, these decisions are significant because they clarify how the Roe doctrine applies to procedural restrictions on abortion.
In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander
In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander
University of Richmond Law Review
The recent successes with in vitro or extracorporeal fertilization ("IVF") in both England" and the United States have led to increased interest in this new medical technique. For a large number of women, IVF represents the most promising opportunity for reproduction. This breakthrough makes it possible for infertile couples to experience for the first time the joys of natural parenthood that fertile or "normal" couples take for granted. Pioneers in the field are therefore to be commended for their work. Unfortunately, like other innovative medical services, the IVF procedures also breed legal concerns which will demand resolution in the not-so-distant …
Virginia Criminal Procedure, Murray J. Janus
Virginia Criminal Procedure, Murray J. Janus
University of Richmond Law Review
Professor Ronald J. Bacigal of the T.C. Williams School of Law has made a valuable contribution to the criminal justice system with the recent publication of this book. Not only is the book well-written, but it is succinct and of a size that will easily fit into a lawyer's briefcase to accompany him to court. The manner in which the book is written is such that it can be readily understood by laymen interested in the law or used as the text for a course on criminal procedure in law school or college, and yet the book is detailed enough …
Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal
Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal
University of Richmond Law Review
The United States Supreme Court's recent decision in Community Communications Co. v. City of Boulder has been aptly described as "a lightning bolt with potentially thunderous repercussions." City of Boulder basically established that local government activity is not immune from federal antitrust laws unless it is undertaken pursuant to a clearly articulated and affirmatively expressed state policy to replace competition with regulation or monopoly public service.
Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.
Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.
University of Richmond Law Review
Annexation has been the most common method of adjusting local government boundaries in the United States since the 1850's. This widespread acceptance of annexation, however, has not created uniform procedures for initiating and completing annexation proceedings. Rather, the process of annexation varies considerably from state to state.
Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee
Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee
University of Richmond Law Review
Recent news articles reflect the fact that conflict of interests problems can affect every person who serves the Commonwealth of Virginia in a governmental capacity. Public officers and employees are frequently faced with the Hobson's choice of either remaining in public life at the expense of divestiture of their private financial holdings or running afoul of the conflict of interests laws. They are not only charged with knowledge of the Virginia Comprehensive Conflict of Interests Act, but are also required, in many instances, to take affirmative steps to avoid violating it. Thus, they must be aware of the situations in …
A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows
A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows
University of Richmond Law Review
The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Title Examination In Virginia, W. Wade Berryhill
Title Examination In Virginia, W. Wade Berryhill
University of Richmond Law Review
The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …
Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy
Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy
University of Richmond Law Review
The New York court in Hirschfeld v. Hirschfeld held that under the state's equitable distribution statute a husband's interest in his law prac- tice constitutes marital property subject to equitable division upon divorce. The court noted the lack of a valuation standard in both the statute and the state case law and applied an Internal Revenue Service formula to calculate the amount of goodwill in the law practice. The court divided that amount equally and awarded the wife $6,900, over three years, as her share of the husband's net income from his law practice.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.
The Impact Of Allstate Insurance Co. V. Hague On Constitutional Limitations On Choice Of Law, W. Clark Williams Jr.
University of Richmond Law Review
The development of constitutional limitations on choice of law by the United States Supreme Court has turned primarily on the due process clause and the full faith and credit clause of the United States Constitution. In theory at least, each constitutional provision rests upon separate grounds. The full faith and credit clause, as it applies to public acts, would compel a forum state under appropriate circumstances to honor the sovereignty of a foreign state in the federal system and to apply the law of the foreign state whose interests are sufficiently compelling. The due process clause limits the power of …
Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce
Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce
University of Richmond Law Review
The term "prejudgment interest" denotes the interest on a judgment computed from the time of the actual injury to the date of the final judgment. It is interest on a sum of money which, until the rendering of final judgment, has not been declared to be damages for the plaintiff. Prejudgment interest is not punitive. It is better viewed as compensatory in nature because its purpose is to indemnify a claimant for the loss. of the money which presumably could have been earned had payment of damages not been delayed. Once a cause of action accrues, the injured party becomes …
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
Questions Surrounding Virginia's Death Penalty, James T. Lloyd Jr.
University of Richmond Law Review
On August 10, 1982, Frank J. Coppola died in Virginia's electric chair. His was the fifth execution since the 1976 Supreme Court decision holding that a punishment of death was not unconstitutional per se. In the Commonwealth of Virginia, Coppola's was the first execution in over a decade.
Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson
Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson
University of Richmond Law Review
Since the mid-1970's, the nation has been giving increased attention to the problem of spouse abuse. This increased attention arose a decade after the nation became acutely aware that child abuse was a problem in this country. Heightened awareness of the fact that violence occurs between family members was accompanied by recognition that available legal remedies were inadequate. The remedies available to the abused spouse in most states other than Virginia include not only prosecution through the criminal justice system but also civil protective orders which may be obtained by victims either as an alternative to or in conjunction with …
Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette
Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette
University of Richmond Law Review
In Virginia, as elsewhere, employees are increasingly challenging the employer's decision to terminate the employment relationship. Consequently, the employer's time and resources are diverted from the operation of business to the defense of employee lawsuits. The probability and'risk of such litigation can be minimized if the employer, advised by his counsel, structures his employment con- tracts and relationships with an awareness of the legal consequences of his actions.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
University of Richmond Law Review
The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Law Review Vol. XVII.
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
University of Richmond Law Review
Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …
The Polygraph In The Workplace, David E. Nagle
The Polygraph In The Workplace, David E. Nagle
University of Richmond Law Review
The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.
Effect Of Immigration & Naturalization Service V. Chadha On Executive Reorganization, Peter M. Mellette
Effect Of Immigration & Naturalization Service V. Chadha On Executive Reorganization, Peter M. Mellette
University of Richmond Law Review
Three recent decisions by the United States Supreme Court, Immigration and Naturalization Service v. Chadha, Consumer Energy Council v. Federal Energy Regulatory Commission, and Consumers Union v. Federal Trade Commissions have altered the balance of power between Congress and the executive branch, invalidating a congressional check on executive power which had been in use for over fifty years. In an opinion in Chadha and by affirmance in the other cases, the Court held that under the separation of powers doctrine the legislative veto violated the presentment and bicameral requirements of the Constitution and thereby intruded on the province of the …
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
University of Richmond Law Review
Executive privilege is "a concept invoked by members of the executive branch of the government to justify withholding evidence and other communicative materials from the legislative and judicial branches." Since the presidency of George Washington, the executive has attempted to withhold information from the other two branches.