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Articles 1 - 30 of 39
Full-Text Articles in Law
A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.
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).
University Of Richmond Law Review
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
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.
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely
University of Richmond Law Review
The health care industry, known for its dynamics and constant change, lived up to its reputation throughout 1987 and early 1988. Continuing concern for the cost of hospital and physician services, availability of adequate health care services for the elderly, and the impact of the AIDS virus on health care delivery contributed to make this period a tumultuous one for the health care industry nationwide. Virginia was not spared the tumult. This article focuses on key legislative, regulatory, and judicial events of the past year, and evaluates their impact on the business of providing health care in the Commonwealth.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl
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
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
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
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
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
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.
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 …
The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey
The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey
University of Richmond Law Review
When approving a land development project, municipalities require assurance that developers will construct the required public improvements, and that in the event of default, the surety will be responsive, so that the project will be completed promptly, without risk to the municipal treasury. A form of guarantee sometimes used is the letter of credit. The case law involving public improvement letters of credit is sparse, yet the contingent liability to municipalities from defaulted land developments, with illusory sureties, should not be underestimated.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
A Love Of Excellence, Harry L. Carrico
A Love Of Excellence, Harry L. Carrico
University of Richmond Law Review
This is an address delivered by Harry L. Carrico, Chief Justice of the Virginia Supreme Court, at the T. C. Williams School of Law annual banquet honoring merit scholarship sponsors and recipients. At this banquet, Dean Joseph D. Harbaughpresented Justice Carricowith a plaque honoringhim for his unique and extensive contributions both to the legal profession in Virginia and to the T. C. Williams Law School.
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.
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 …
Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge
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.
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge
University of Richmond Law Review
Few issues have generated as much controversy as the scope of the religion clauses of the first amendment to the United States Constitution within the setting of the public schools. Indeed, as Justice Brennan once stated, the courts have "encountered few issues more intricate or more demanding than that of the relationship between religion and the public schools." This controversy is not surprising in light of the important role played by the public schools in shaping the nation's thoughts, beliefs and institutions. It is a controversy without end; for as long as the public schools maintain their primary role in …
Response To From Scopes To Edwards, Gary C. Leedes
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 …
Unborn Child: Can You Be Protected?, Heather M. White
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 …
Virginia Public Schools- Student Rights, Todd Holliday
Virginia Public Schools- Student Rights, Todd Holliday
University of Richmond Law Review
"At common law the education of the child by the State was unknown. In Virginia, the idea that the welfare of the State could be advanced by the education of the masses was first advanced by Mr. [Thomas] Jefferson." Virginia, as well as all other states, has established a system of public education. The great benefits of the public school system undoubtedly enhance both the individual and society as a whole. Nevertheless, if Thomas Jefferson, the father of this great institution, were able to observe the current conditions of public schools, he would, as the saying goes, "roll over in …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt
University of Richmond Law Review
An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs
University of Richmond Law Review
Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.
The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns
The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns
University of Richmond Law Review
The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.
The Newsman's Confidential Source Privilege In Virginia, Phillip Randolph Roach Jr.
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.
Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth
Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth
University of Richmond Law Review
A debtor who files a petition for relief under the Bankruptcy Reform Act of 1978 (the Code) triggers the automatic stay provisions of the Code. The automatic stay precludes creditors from enforcing their rights in the collateral pending further order of the Bankruptcy Court. An issue which has spurred continued controversy is whether undersecured creditors who are stayed from repossessing their collateral are entitled to compensation for the delay in enforcing their rights in the collateral. It is agreed that the concept of adequate protection provides for the preservation of the value of the collateral due to its use, depreciation, …
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
University of Richmond Law Review
In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.
Annual Survey Of Virginia Law: Administrative Procedure, Brian L. Buniva
Annual Survey Of Virginia Law: Administrative Procedure, Brian L. Buniva
University of Richmond Law Review
The express purpose of the Virginia Administrative Process Act (VAPA) is to supplement present and future basic laws that confer authority on agencies to make regulations and decide cases, and to standardize court review thereof except where laws later enacted may otherwise expressly provide. VAPA does not supersede or repeal additional procedural requirements set forth in the basic laws. Instead, its purpose is to supplement the procedural requirements of existing laws. The "basic law" includes provisions in the constitution and statutes of the Commonwealth of Virginia which authorize a state government agency to make regulations or decide cases, or which …
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 reviews all Virginia Supreme Court cases interpreting the Virginia Uniform Commercial Code (the "Code") and all statutory changes made to the Code in the 1988 session of the General Assembly. It also reviews significant Code cases decided in the various federal courts located in Virginia and in the Virginia circuit courts. It is current as of approximately May 1, 1988.