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- Internal Revenue Code (2)
- Securities Exchange Act (2)
- Virginia General Assembly (2)
- A Brief for Plain English Wills and Trusts (1)
- A Post-SantaFe Blueprint for Courts in Rule 10b-5 -Actions for Breach of Fiduciary Duty: Kidwell v. Meikle (1)
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- American Petroleum Institute v. Occupational Safety and Health Administration (1)
- Aqua Slide 'N' Dive Corp. v. Consumer Product Safety Commission (1)
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Articles 1 - 30 of 35
Full-Text Articles in Law
A Brief For Plain English Wills And Trusts, Thomas S. Word Jr.
A Brief For Plain English Wills And Trusts, Thomas S. Word Jr.
University of Richmond Law Review
We lawyers thrive on disagreement. But on this we are unani- mous: clients are precious, hard to get and easy to lose. A typical citizen asks a lawyer's help but seldom: to buy a house, face a traffic charge, or make a will. The will client comes emotionally charged. He deals with his most personal concerns: his family, his wealth, and his death. A will is the most personal of writings, save perhaps a love letter.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Multiple-Party Accounts: Does Virginia's New Law Correspond With The Expectations Of The Average Depositor?, Barbara M. Rose
Multiple-Party Accounts: Does Virginia's New Law Correspond With The Expectations Of The Average Depositor?, Barbara M. Rose
University of Richmond Law Review
There are literally thousands of joint savings and checking accounts throughout Virginia in which the bank signature card provides that either party during their joint lives or the survivor may withdraw funds without limit from the account. The Virginia Supreme Court forthrightly recognized the problems of such accounts in the landmark case of King v. Merryman, stating, "For more than half a century, the courts of this country have struggled to discover whether a joing deposit bank account with an extended right of survivorship ...is a gift, a trust, a contract, or joint tenancy, or a testamentary disposition." In an …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Volume XIV of the University of Richmond Law Review.
Insurers' Liability For Excess Judgments In In Virginia: Negligence Or Bad Faith?, Barbara A. Dalvano
Insurers' Liability For Excess Judgments In In Virginia: Negligence Or Bad Faith?, Barbara A. Dalvano
University of Richmond Law Review
Liability insurers have become increasingly concerned over the possibility that they may be responsible for satisfying excess judgments. This concern is justified. In Crisci v. Security Insurance Co., the California Supreme Court generated new developments in insurance law by predicating an insurer's liability for failing to settle claims against its insured upon a finding of mere negligence. Traditionally, an insurer was held liable for an excess judgment only if the insured was able to bear the burden of showing that the company acted in "bad faith" in failing to settle a claim. Virginia adopts this traditional view.
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
Broadening Access To The Courts And Clarifying Judicial Standards: Sex Discrimination Cases In The 1978-1979 Supreme Court Term, Janice M. Hamilton, Janine S. Hiller, Joyce Ann Naumann, Barbara H. Vann
University of Richmond Law Review
During the 1978-79 Term of the Supreme Court, sex discrimination continued to be an area of active judicial concern, with the Court deciding eight cases alleging unlawful sex discrimination. The purpose of this note is to present the Court's holdings and its rationale in these decisions, to analyze the significance of the decisions in view of the Court's past rulings, and to suggest possible implications for future sex discrimination cases.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
Employee Covenants Not To Compete: Where Does Virginia Stand?, Ann R. Bergan, Kenneth E. Chadwick, Hugh T. Harrison Ii, Barrett E. Pope
University of Richmond Law Review
Courts for some time now have been forced to deal with the validity of covenants not to compete as contained in employment contracts. Considered to be a restraint against trade, these covenants under common law were viewed with disfavor, if not hostility, both nationally and in the Commonwealth of Virginia, as being contrary to the American ideals of individual freedom, competition, and the free flow of commerce. As such they were seldom upheld. It was only after the courts recognized that employers had legitimate concerns and interests worthy of protections that reasonable covenants not to compete began to be enforced …
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
Scrutiny Of Osha Regulations In The Courts: A Study Of Judicial Activism, Elizabeth C. Gay
University of Richmond Law Review
Little trace of the concept of judicial deference can be found in the Fifth Circuit's recent ruling in American Petroleum Institute v. Occupational Safety and Health Administration. Against the background of a slowly emerging body of law regarding the scope of judicial review of Occupational Safety and Health Administration regulations, the Fifth Circuit's decision represents a bold extension of the court's authority to define the parameters of OSHA's regulatory authority. Whether this case in fact signals a new wave of judicial activism will soon be determined by the United States Supreme Court. But regardless of the Supreme Court's ultimate resolution …
Virginia Should Adopt Strict Tort Recovery In Products Liability, John P. Rowley Iii, Sally Y. Wood
Virginia Should Adopt Strict Tort Recovery In Products Liability, John P. Rowley Iii, Sally Y. Wood
University of Richmond Law Review
Since World War H, revolutionary changes have overtaken the American law of products liability. Such changes have been in response to the increase in consumer injuries resulting from defects in sophisticated products mass-produced by sophisticated manufacturing processes. This has occurred during a time of increased litigiousness and general awareness of the need for consumer protection. Accordingly, products liability suits have multiplied, and the legal theories used to determine the outcome of such suits have similarly been in an era of dramatic transition. Such legal changes have significantly affected both tort and warranty law across the country. Until 1960 products liability …
Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett
Filling In The Gaps Of Virginia Bail Reform, R. Bryan Hatchett
University of Richmond Law Review
The 1960's and early 1970's witnessed an unprecedented reform of the bail laws of this country. The reform has made it possible for a greater percentage of criminal defendants to be released before trial thereby avoiding the stigma and considerable prejudice flowing from incarceration. Even though the reform has also produced a modest increase in the number of persons who fail to appear for trial, on balance critical response to the reform has been favorable.
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
The Legality Of Ticket Tie-Ins In Intercollegiate Athletics, Arthur D. Austin
University of Richmond Law Review
The dynamics of operating a "major" intercollegiate sports program have a tenuous nexus with academic ideals. Intercollegiate athletics is now a big business, dominated by the balance sheet of gate receipts, T.V. revenues, and talent recruiting. The best high school athletes are aggressively recruited for their physical prowess to play for teams that perform before large crowds-and frequently a national television audience-in gigantic stadiums and field houses. In many instances coaches and players gain national recognition and reverence unequaled by professors, poets, or Nobel prize winners. Yet the sponsors of these sports extravaganzas are academic institutions who by charter and …
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
The Covenant Not To Sue: Virginia's Effort To Bury The Common Law Rule Regarding The Release Of Joint Tortfeasors, Linda Flory Rigsby
University of Richmond Law Review
The 1979 Virginia General Assembly turned the last shovel of earth onto the grave of the common law "release rule"' by adopting the covenant not to sue as a viable settlement device in joint tortfeasor actions. By this statutory adoption, Virginia became the last state to recognize, either by statute or judicial mandate, that a properly drawn covenant not to sue can act to release one or more tortfeasors without automatically releasing all those tortfeasors liable for the same injury or wrongful death. Judicial interpretations of the covenant not to sue, particularly those of California, Michigan and North Carolina, will …
Constitutional Torts And The Federal Torts Claims Act, Michael W. Dolan
Constitutional Torts And The Federal Torts Claims Act, Michael W. Dolan
University of Richmond Law Review
The relatively recent expansion of the liability of federal employees for so-called constitutional torts and the accompanying contraction of the immunity of those employees against suits for such torts have resulted in significant problems for the federal government, its employees, and even for victims of official misconduct. After briefly describing the law of constitutional torts and official immunity, this article will examine a proposal to amend the Federal Tort Claims Act to make the Government the exclusive defendant in constitutional tort suits.
Redemption Of Stock Under The Model Business Corporation Act And The Virginia Stock Corporation Act, Daniel T. Murphy
Redemption Of Stock Under The Model Business Corporation Act And The Virginia Stock Corporation Act, Daniel T. Murphy
University of Richmond Law Review
The Model Business Corporation Act (hereinafter the "Model Act") has been in existence for more than twenty-five years, and has served as the paradigm for the revised corporation statutes of approximately twenty-five states, including Virginia. Despite its age, certain of its provisions have been infrequently applied and interpreted in judicial opinions. One such set of provisions is that dealing with a corporation's right to redeem shares of its stock. The purpose of this article is to analyze the Model Act's provisions regarding the redemption of shares; and to review, in contrast thereto, the relevant provisions of the Virginia stock corporation …
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 Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff
University of Richmond Law Review
Due to the dramatic rise over the last decade in the number of child custody disputes between parents who are geographically separated, courts increasingly are faced with interstate litigation and its attendant legal and emotional problems. Because foreign state custody decrees traditionally have been viewed as modifiable and therefore have not been accorded the respect given to final decrees, parents who lose in one state have been encouraged to seek a more favorable forum in a second state. By employing such self-help methods as "child snatching,"' a parent can avail himself of a second day in court.
A Post-Santa Fe Blueprint For Courts In Rule 10b-5 - Actions For Breach Of Fiduciary Duty: Kidwell V. Meikle, Richard L. Sisisky
A Post-Santa Fe Blueprint For Courts In Rule 10b-5 - Actions For Breach Of Fiduciary Duty: Kidwell V. Meikle, Richard L. Sisisky
University of Richmond Law Review
Pursuant to the Securities Exchange Act of 1934, the Securities and Exchange Commission adopted SEC Rule 10b-5. Introduced without much fanfare in 1942, the Rule's potential effect was not then fully appreciated. There is no question that over the years the courts have interpreted the broad language of rule 10b-5 expansively, and while a great deal of the law governing securities matters is reflected in circuit court opinions, the Supreme Court has recently undertaken an active role in determining the scope of rule 10b-5. In the recent case of Santa Fe Industries, Inc. v. Green, the Supreme Court held that …
Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson
Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson
University of Richmond Law Review
The death of any person creates for the decedent's family a number of problems of varying degrees of difficulty and immediacy. When the decedent's family consists of a surviving spouse and/or minor children who were dependent upon the decedent for their support, these problems have the highest degree of immediacy. If a question exists concerning the solvency of the decedent's estate the immediacy is compounded by a high degree of difficulty in finding viable solutions to these problems. In addition to having to cope with the tragedy of the personal loss caused by the death, the family must also cope …
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
University of Richmond Law Review
The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.
Replacing The Social Security Tax With A Value-Added Tax: Policy Perspectives, John F. Kelly, Joseph L. Lewis, William J. Irvin
Replacing The Social Security Tax With A Value-Added Tax: Policy Perspectives, John F. Kelly, Joseph L. Lewis, William J. Irvin
University of Richmond Law Review
On October 22, 1979, Representative Al Ullman (D-Ore.), then Chairman of the House Ways and Means Committee, introduced the Tax Restructuring Act of 1979, which would have lowered the rates of the individual income, corporate income and social security taxes along with certain other tax benefits and would have replaced the lost revenues from such reductions with the revenues from a 10% value-added tax (VAT). The introduction of the bill followed a speech delivered by Sen. Russell B. Long (D-La.), then Chairman of the Senate Finance Committee, at the 1978 Tulane Tax Institute, in which he advocated an overhaul of …
Ex Parte Communication In Informal Rulemaking: Judicial Intervention In Administrative Procedures, Michael E. Ornoff
Ex Parte Communication In Informal Rulemaking: Judicial Intervention In Administrative Procedures, Michael E. Ornoff
University of Richmond Law Review
Over the past several years, a controversy has arisen, particularly among different panels of the United States Court of Appeals for the District of Columbia Circuit, regarding the use of ex parte communications in informal administrative rulemaking. Numerous theories for extending such a prohibition beyond the express language of the Administrative Procedures Act have been advanced in recent judicial opinions.
Termination Of Parental Rights-An Analysis Of Virginia's Statute, Barbara M. Rose
Termination Of Parental Rights-An Analysis Of Virginia's Statute, Barbara M. Rose
University of Richmond Law Review
The act of terminating parental rights-the total and permanent severance of the parent-child relationship-is an example of extreme intervention by the state in an individual's private interests. It involves the complex interrelations of a trilogy: the parents' natural rights, the child's personal interests, and the state's interest in the welfare of its citizens.
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
Federal Habeas Corpus: Greater Protection For "Innocent" State Prisoners After Jackson V. Virginia, Jennie L. Montgomery
University of Richmond Law Review
In Jackson v. Virginia, the Burger Court recently made an apparent "about face" with regard to the scope of powers extended to a federal habeas corpus court reviewing a state court conviction. On the basis of this ruling, habeas corpus petitioners may now demand federal court examination of whether the evidence produced at their trials was sufficient to justify a finding of guilt beyond a reasonable doubt. Jackson is, therefore, a significant step beyond the Warren Court rule that due process is violated only when the record is totally devoid of any evidence to support the conviction.
Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn
Public Figures And Malice: Recent Supreme Court Decisions Restricting The Constitutional Privilege, Ann M. Annase, Scott A. Milburn
University of Richmond Law Review
Historically, Americans have placed great importance on both their good name and their right to free speech. "As ingrained as both of these ideals are in the very fabric of our society, they sometimes run counter to each other." The Supreme Court has tried to balance these conflicting ideals in libel cases involving the first amendment's protection of freedom of the press. In the 1964 case of New York Times Co. v. Sullivan, the Court held that the first amendment's constitutional privilege extends to those publishing defamatory statements concerning official conduct, and that a plaintiff in such a case could …
Design-Build Contracts In Virginia, Kevin B. Lynch
Design-Build Contracts In Virginia, Kevin B. Lynch
University of Richmond Law Review
Construction law is a varied and intricate outgrowth of the innumer- able complex relationships inherent in any building project. The role of the architect, once the master builder, has undergone and continues to undergo a redefinition. Due to recent changes in the construction industry, especially the development of construction management and design-build concepts, the regulatory framework within which the building project operates is, in many states, in need of reform. The purpose of this comment will be to examine the impact of the development of design- build concepts on the traditional model of owner, architect, and contractor relationships and to …
Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin
Virginia's Continuing Negligent Treatment Rule: Farely V. Goode And Fenton V. Danaceau, J. R. Zepkin
University of Richmond Law Review
Since 1902 the continuing negligent treatment rule has been applied to medical malpractice claims to establish when the statute of limitations begins to run on a particular cause of action. The rule is typically used in cases where the parties have engaged in a course of dealing over a period of time and the wrong complained of has stretched over all or part of this period.
Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham
Some Post-Bakke-And-Weber Reflections On "Reverse Discrimination", Henry J. Abraham
University of Richmond Law Review
So much has been said, written, and emoted concerning the subject of "reverse discrimination" that it represents a veritably frustrating experience to endeavor to come to grips with it in a nonredundant, non-banal, non-breast-beating manner. The difficulty is compounded by the all-too pervasive substitution of passion for reason on the wrenching issue-one that, admittedly, invites passion. Indeed, passion informed not an insignificant number of the record filings of the 120 briefs amicii curiae in the first central "reverse discrimination" case of Regents of the University of California v. Bakke, in which oral argument was presented to the Supreme Court of …
The Questionable Validity Of The Automatic Exemption Of Attorneys From Jury Service, Barbara Ann Dalvano
The Questionable Validity Of The Automatic Exemption Of Attorneys From Jury Service, Barbara Ann Dalvano
University of Richmond Law Review
On January 10, 1980 Senator Emick proposed a bill in the Virginia General Assembly to abolish the automatic and optional exemptions from jury service of persons engaged in certain occupations. The bill was not passed in its proposed form. Section 8.01-341, providing optional exemptions, still remains in force in its entirety. Automatic exemptions, however, were eliminated for optometrists, clerks of both houses of the General Assembly, ministers, jail keepers, superintendents of public and mental hospitals, undertakers, veterinarians, members of fire departments, pharmacists, clinical psychologists and citizens of Broad Water and Cobb Islands. Licensed practicing attorneys, however, along with several other …
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
Minimum Competency Testing: Education Or Discrimination?, Mary G. Commander
University of Richmond Law Review
Minimum competency testing1 has been described as the "next major reform movement in American education." It also has been described as the "Great American Fad of the 1970's." The call for a minimum competency test requirement for graduation from high school resulted from increasing public concern about rising illiteracy rates and declining standardized test scores. This concern has created a "back to basics" trend in education, with a concurrent emphasis on educational accountability. This was the point at which most state legislatures entered the process by enacting accountability statutes. The competency tests are an aspect of this accountability. They are …