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Articles 1 - 30 of 52
Full-Text Articles in Law
Foreword, Harris L. Kay
Foreword, Harris L. Kay
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the third 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 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Foreword, Harris L. Kay
Foreword, Harris L. Kay
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the third annual Allen Chair Symposium issue. This special is- sue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Estate Creditors, The Constitution, And The Uniform Probate Code, Sarajane Love
Estate Creditors, The Constitution, And The Uniform Probate Code, Sarajane Love
University of Richmond Law Review
The United States Supreme Court's decision in Tulsa Professional Collection Services, Inc. v. Pope caused the usually staid legal enclave of estate administration to sit alert. The Court declared unconstitutional an Oklahoma statute that barred creditors of decedents from filing claims against the decedents' estates two months after published notice of the commencement of probate proceedings. The statute violated the due process rights of known and reasonably ascertainable creditors because it did not require a better form of notice to them. In failing to require actual notice to known creditors, the statute was not drastically atypical of other statutes regulating …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence
University of Richmond Law Review
Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
Standards Of Judicial Review In The Virginia Administrative Process Act, Mary Renae Carter
University of Richmond Law Review
Section 9-6.14:17 of the Virginia Administrative Process Act sets forth two standards by which courts may review the validity of a state agency's decisions. In formal rulemaking and adjudicatory proceedings, the statute requires an agency to keep a record of all evidence it receives and to make decisions based on this record. Upon review, a court will look to see if there is "substantial evidence" in the record to support the agency's findings of fact. In informal rulemaking and adjudicatory proceedings, the statute does not require an agency to keep an evidentiary record. If the agency has not voluntarily made …
A Dialogue On Design, William A. Mcdonough
A Dialogue On Design, William A. Mcdonough
University of Richmond Law Review
This is an interview in the Allen Chair Symposium.
Foreword, Brett P. Ferenchak
Foreword, Brett P. Ferenchak
University of Richmond Law Review
The University of Richmond Law Review is pleased to present its twelfth Annual Survey of Virginia Law. Since its inception in 1985, the Annual Survey has been dedicated to providing the Virginia practitioner with a reliable resource for judicial, legislative, and administrative developments in the Commonwealth. Although each article focuses on developments in Virginia law, federal developments affecting the Virginia practitioner are also covered. The reader may notice that this year's Annual Survey was printed two months later than in past years. The Editorial Board made this change to allow for the printing of the updated Code of Virginia, permitting …
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
University of Richmond Law Review
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.
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
The past year has been exceptionally important for children and young people caught up in the legal system, both nationally and in Virginia. Beginning with the decision of the Supreme Court of the United States in Vernonia School District v. Acton in June of 1995, the ensuing year has seen major shifts in the administration of juvenile justice, and in Virginia's approach to abused and neglected children. The passage of major juvenile justice reform legislation and child abuse legislation in Virginia at the 1996 General Assembly session exemplifies these changes occurring in both the society's and the legal system's approaches …
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
University of Richmond Law Review
Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Volume XXX of the University of Richmond Law Review.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
University of Richmond Law Review
The era of marital fault being the only grounds for divorce in the United States has passed, and its passing brings few tears to the eyes of most. As evidenced by the passage above, the airing of marital fault in open court, even in the days when such practices were the norm, at times shocked the sensibilities and conscience of those who had to listen to the evidence and then issue decisions based upon it.
Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii
Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii
University of Richmond Law Review
The declining state of our nation's cities has been, and continues to be, a frequent source of news and fodder for political debate. Unemployment, urban blight, crime, and economic dislocation are just a few of the inner-city's afflictions which occupy the American mind. A multitude of theories have been advanced in order to explain the persistence of urban deterioration, accompanied by an array of governmental attempts to reverse, or at least stem, the trend of inner-city decay.
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
University of Richmond Law Review
The subject chosen for this discussion is both timely and thought-provoking: the status and future of land-use regulations in the United States. In the hope of making the issues subsumed under this title as exciting to the general public as they are to the practitioners, Professor Michael Allan Wolf has taken the monumental Euclid decision of the United States Supreme Court in 1926 as the pivot of our deliberations. He has posed the question most dramatically with overtones of a swelling Wagnerian overture: "Is It The Twilight of Environmental and Land-Use Regulation?"
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
University of Richmond Law Review
On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
University of Richmond Law Review
This article reviews some of the important developments in the area of domestic relations law between May 1995 and July 1996. Of particular significance were opinions by the Court of Appeals of Virginia regarding issues of imputed income, the definition of a "day" for shared custody purposes, and the role of marital fault in equitable distribution determinations. The majority of bills passed in the 1996 Session of the General Assembly simply fine-tuned existing law. However, notable statutory revisions were made in the areas of child support and domestic violence. Although the legislature replaced the term "spousal abuse" with "family abuse," …
Annual Survey Of Virginia Law: Motions For Sanctions, W. Hamilton Bryson
Annual Survey Of Virginia Law: Motions For Sanctions, W. Hamilton Bryson
University of Richmond Law Review
For centuries, the legal profession has had rules of professional conduct. Although they were unwritten, they were well known. The rules covered honesty in pleading and practice and also required the general politeness expected of decent people. These rules were not always followed, nor were they always enforced when not followed. Sadly, in modern times, these rules are being disregarded more frequently and the costs to others, both within and outside the profession, are increasing dramatically.
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
Euclid At Threescore Years And Ten: Is This The Twilight Of Environmental And Land-Use Regulation?, Michael Allan Wolf
University of Richmond Law Review
To the psalmist the age of seventy marks the end of one's days on earth, the last days so dimly lit in the poet's eyes. The calendar reminds us that 1996 marks the seventieth birthday of one of the most influential and enduring judicial decisions upholding the rights of communities to determine their demographic, economic, and societal future- Village of Euclid v. Ambler Realty Co. Case reporters, code compilations, and proposed legislation, along with treatises and law review articles warn us that the broad deference to regulators symbolized by the Euclid text is under attack. The eighth decade of constitutionally …
Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier
Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier
University of Richmond Law Review
Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
Life, Liberty & Whose Property?: An Essay On Property Rights, Loren A. Smith
University of Richmond Law Review
This essay explores the place that the concept of property rights occupies in our constitutional system. The word "property" has been used in a number of ways in the history of our Republic.
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker
University of Richmond Law Review
Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …
Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager
Takings In The Court Of Federal Claims: Does The Court Make Takings Policy In Hage?, Danielle M. Stager
University of Richmond Law Review
In the eleven western states, almost half of the land is federally owned and a large percentage of that federal land is used for grazing privately-owned domestic livestock. The Department of the Interior estimates that permitted grazing occurs on thirty-six percent of federal land, but this percentage is much higher in the areas containing more federal rangeland. In 1990, the eleven western states had approximately seventeen million beef cattle and 102,800 beef producers. Roughly eighteen percent of those beef producers had federal grazing permits, but in some states that percentage was much higher. For example, eighty-eight percent of the cattle …
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
Transportation Conformity And Land-Use Planning: Understanding The Inconsistencies, D. Brennen Keene
University of Richmond Law Review
Since the boom of federal environmental laws in the early 1970s, Congress, federal administrative agencies, and the states have grappled with how best to obtain the lofty goals of these laws. As evidence of this struggle, Congress has made substantial amendments to several major environmental laws on one or more occasions in order to achieve these goals, and the states have followed suit in order to keep pace with the changes on the federal level. The resulting mass of state and federal environmental laws and regulations has led to a series of complex, and often confusing, layers of laws and …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
A Dedication To B.J. Brabham, Peter N. Swisher
A Dedication To B.J. Brabham, Peter N. Swisher
University of Richmond Law Review
The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor B.J. Brabham, 1930-1995. Professor Brabham was a member of the faculty ofthe TC.Williams School of Law from 1973 until 1992 and is remembered here by colleague Peter Swisher.
Annual Survey Of Virginia Law: Business And Corporate Law, William A. Musgrove
Annual Survey Of Virginia Law: Business And Corporate Law, William A. Musgrove
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions, including: two Fourth Circuit Court of Appeals opinions, one interpreting and upholding the constitutionality of the Virginia statutes regulating hostile takeovers, and the other determining the owner of partnership property upon dissolution of the partnership; two Supreme Court of Virginia decisions regarding non-stock corporations, one determining the validity of the board of directors, and one deciding whether the Property Owners' Association Act supersedes the bylaws of an incorporated non-stock property owners' association; four Supreme Court of Virginia decisions including one denying …