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- A Statewide Standard of Care in Medical Malpractice Cases - We're Shoveling Smoke (1)
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- Admissibility of "Day In The Life" Films in Virginia (1)
- Admissibility of Written Standards as Evidence of the Standard of Care in Medical and Hospital Negligence Actions in Virginia (1)
- After the Impact Rule - Limiting Defendant's Liability in Negligent Infliction of Emotional Distress Cases: Bass v. Nooney Co (1)
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Articles 1 - 30 of 34
Full-Text Articles in Law
A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.
A Statewide Standard Of Care In Medical Malpractice Cases - We're Shoveling Smoke, Thomas J. Harlan Jr.
University of Richmond Law Review
A month before his death, Judge Learned Hand, in an interview with a young Life magazine reporter, was asked how he felt after his long and illustrious career on the bench in which his opinions were adopted by the United States Supreme Court, cited in major law schools throughout the country, hailed as legally incisive and brilliant, and being viewed himself as a trendsetter in legal thinking. Judge Hand replied: "'I've spent a lifetime of utter drudgery, shoveling smoke . . .'"
From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski
From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski
University of Richmond Law Review
In 1969, the United States was deeply committed to a ground war in Southeast Asia in which the suffering and death was brought home daily to the American television viewer. Distrust of the military was never higher, as the repeated assertions of the imminent collapse of the enemy had apparently been graphically belied a year earlier in the Tet Offensive. As a newly elected President pledged to bring "peace with honor" to a war which seemed amenable to neither, Justice Douglas announced the decision of the Court in O'Callahan v. Parker.
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
University of Richmond Law Review
This comment was prompted by the 1979 enactment of Section 8.01- 35.1 of the Code of Virginia, which changed the law in Virginia regarding the release of, and contribution among, joint tortfeasors. Contribution statutes such as section 8.01-35.1 provide an equitable remedy for the problem of unjust enrichment (or, more accurately, unequal punishment) whenever one of several joint tortfeasors pays more than his ratable share of a claim. There has been considerable debate concerning the retroactive effect of these statutes-that is, whether a newly promulgated contribution statute can be applied retroactively to affect a claim which arose before the statute …
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
Regulation Of The Biomedical Applications Of Recombinant Dna Research, Robert L. Gully, Stephanie J. Bird
University of Richmond Law Review
In recent years, the rapid expansion of knowledge in the field of molecular genetics resulting from the use of recombinant DNA (rDNA) techniques has been unprecedented. The expanded knowledge scientists have acquired through rDNA techniques has precipitated conspicuous breakthroughs in biomedical research involving the manipulation of human genetic material to diagnose and treat human disorders. Application of this research may soon affect all aspects of our lives. However, this newly-acquired ability to manipulate human genes raises broad ethical and legal questions. The issues raised by rDNA research are dissimilar to earlier questions regarding the use of genetically-engineered microorganisms in the …
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
University of Richmond Law Review
Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …
Dan River, Inc. V. Icahn: Disclosure Violations - Relief For Subject Management?, Carolyn C. Lavecchia, R. Stephen Nelson Jr.
Dan River, Inc. V. Icahn: Disclosure Violations - Relief For Subject Management?, Carolyn C. Lavecchia, R. Stephen Nelson Jr.
University of Richmond Law Review
The heightened level of takeover activity during recent years has provoked many innovative responses from the management of subject companies that wish to remain independent. Since successful acquisition of a company usually involves the termination of its existing management, that management will often seek to mobilize the resources of the subject corporation to oppose the takeover attempt. As a result, litigation initiated by management now plays a part in virtually every takeover contest. The case of Dan River, Inc. v. Icahn, a recent Fourth Circuit decision, illustrates the use of litigation to forestall a takeover attempt.
Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick
Honor Thy Father And Mother: Paying The Medical Bills Of Elderly Parents, Renae Reed Patrick
University of Richmond Law Review
As the elderly population increases and medical costs skyrocket, federal and state governments feel increasing pressures to diminish drains on government treasuries caused by the provision of medical care to the elderly. One possible solution would be to require children to shoulder more of the costs of caring for their parents than they already bear as federal and state taxpayers. This article examines this approach and suggests that such a policy is contrary to both federal and state laws.
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson
University of Richmond Law Review
Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
University of Richmond Law Review
There is a growing trend in Virginia, as well as in many other states, for injured citizens to hold local governments liable for personal injuries and loss of property resulting from the negligent inspection by building officials of privately owned buildings and structures. The recent abrogation of the doctrine of sovereign immunity in the majority of jurisdictions has served to encourage such litigation, but abrogation alone has proven to be no guarantee of recovery for negligent inspection. Rather, the majority of jurisdictions have continued to enjoy immunity by asserting that building inspectors perform a discretionary governmental function for which no …
Benign Racial Classifications: A Guide For Transportation Attorneys, Walter A. Mcfarlane
Benign Racial Classifications: A Guide For Transportation Attorneys, Walter A. Mcfarlane
University of Richmond Law Review
Just prior to its adjournment in 1982, and subsequent to hotly contested debates, the 97th Congress enacted the Surface Transportation Assistance Act of 1982 (STAA). The Act contained a number of controversial provisions, not the least of which was one requiring that "not less than 10 per centum of the amounts authorized to be appropriated" by the act were to be expended on small business "owned and controlled by socially and economically disadvantaged individuals ... ." Such small businesses have become known, as disadvantaged business enterprises, or DBE's.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Use Of Scientific Evidence In Rape Prosecutions, John T. Tucker Iii
The Use Of Scientific Evidence In Rape Prosecutions, John T. Tucker Iii
University of Richmond Law Review
Rape is defined as "unlawful sexual intercourse with a female without her consent." The crime has three basic elements: lack of consent, penetration, and identification of the assailant. Successful rape prosecutions are increasingly utilizing scientific evidence to investigate and prove the elements of rape. The purpose of this paper is to explore the many uses of scientific evidence with an eye towards providing a useful checklist to aid attorneys involved in a rape prosecution.
Virginia's Response To Computer Abuses: An Act In Five Crimes, Daniel R. Burk
Virginia's Response To Computer Abuses: An Act In Five Crimes, Daniel R. Burk
University of Richmond Law Review
The threat depicted in War Games has been both rebuked as impossible and highlighted as much closer to the realm of possibility than even the creators of the movie may have surmised. Regardless of the actual possibility of a creative mind breaking through the security of the North America Air Defense Command computer with an auto-dialing modem and the simple password "JOSHUA" the adventures of the curious "hackers" and the singularly-directed criminal have been widely publicized and have captured both the fear and respect of computer owners throughout the country.
The Effect Of The Tax Reform Act Of 1984 On Alimony And Transfers Of Property Incident To Divorce, J. Thomas O'Brien Jr.
The Effect Of The Tax Reform Act Of 1984 On Alimony And Transfers Of Property Incident To Divorce, J. Thomas O'Brien Jr.
University of Richmond Law Review
The Tax Reform Act of 1984 made substantial changes affecting the tax consequences of divorce. This comment will focus on the changes made in the tax treatment of transfers of property incident to divorce, in the definitional requirements of alimony and separate maintenance, and on the changes affecting "alimony" trusts and other forms of property. It will then analyze these changes by contrasting them, in light of congressional intent, with their pre-Tax Act development and treatment and attempt to draw some conclusions with respect to their effectiveness. Other changes affecting domestic relations are not within the scope of this comment.
Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler
Cable Television Update-Capital Cities Cable, Inc. V. Crisp: Federalism And Frustration Of Powers, Steven J. Keeler
University of Richmond Law Review
The Supreme Court of the United States recently stunned the cable television industry with its decision in Capital Cities Cable, Inc. v. Crisp. The immediate result of the ruling was to preempt a state statute prohibiting the advertisement of certain alcoholic beverages; however, the decision's potential impact could be much broader. The Court unanimously held cable television regulation to be the "exclusive domain" of the Federal Communications Commission (FCC) and an "area that the Commission has explicitly pre-empted." Thus, the decision extends broad regulatory authority to the FCC at the expense of local control.
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode
University of Richmond Law Review
In New York v. Quarles, the Supreme Court attempted to limit the exclusionary sanction provided under Miranda v. Arizona. Quarles is a significant decision in the criminal procedure area not only because of the exception which it establishes, but because it represents "a legitimate effort by the Burger Court to reconcile the realities of effective law enforcement with the often hyper technical rules of criminal justice." Many observers have interpreted the Quarles decision as the long-awaited fruition of the conservatism now presiding over the Burger Court. However, the setting for Quarles can be traced back to the Miranda decision itself.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
Winfield V. Commonwealth: The Application Of The Virginia Rape Shield Statute, Philip L. Hatchett
University of Richmond Law Review
In Winfield v. Commonwealth, the Virginia Supreme Court held that the state's recently enacted rape shield statute could not restrict or infringe upon the defendant's sixth amendment right under the United States Constitution to confront his accusers. In overruling the trial judge, the court stated that section 18.2-67.7 of the Code of Virginia actually expanded the admissibility of evidence related to specific prior sexual conduct of the prosecutrix. By this ruling, Virginia has joined a minority of jurisdictions which have refused to recognize the special dilemma of the prosecutrix in a rape trial and to grant additional protections under her …
After The Impact Rule - Limiting Defendant's Liability In Negligent Infliction Of Emotional Distress Cases: Bass V. Nooney Co., William Mark Hillsman
After The Impact Rule - Limiting Defendant's Liability In Negligent Infliction Of Emotional Distress Cases: Bass V. Nooney Co., William Mark Hillsman
University of Richmond Law Review
In Bass v. Nooney Co., the Supreme Court of Missouri abandoned the rule that a defendant is not liable for negligence which produces emotional distress unless the plaintiff suffers a contemporaneous physical injury or impact. This "impact rule" was the majority position in the United States in the first part of this century and had been a part of Missouri's jurisprudence since 1881. In Bass, however, Missouri joined the mainstream of American jurisprudence by providing judicial protection against a plaintiff's loss of emotional tranquility without requiring contemporaneous physical impact.
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
University of Richmond Law Review
This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams
University of Richmond Law Review
"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.
Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott
Unfinished Business: The Regulation Of Uranium Mining And Milling, Elizabeth V. Scott
University of Richmond Law Review
In July of 1982, the Marline Uranium Corporation announced the discovery of a major deposit of commercially minable uranium in southside Virginia, the first major find east of the Mississippi River. Marline and the Union Carbide Corporation are planning a $200 million mining and milling complex to develop the deposit. The operation is projected to create 900 new jobs and bring $4.3 million in yearly tax revenues to Virginia and to Pittsylvania County.
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
Admissibility Of Written Standards As Evidence Of The Standard Of Care In Medical And Hospital Negligence Actions In Virginia, Gwen M. Schockemoehl
University of Richmond Law Review
The standard of care in a medical negligence action represents the duty which the defendant physician, nurse, hospital or other health care provider owes to the patient. In Virginia, it is that degree of care and skill possessed by the reasonably prudent practitioner of the same specialty in this state. This standard is an elusive one at best. While learned treatises and journal articles assist in determining the standard, in practice the plaintiff offers experts who state, based on their knowledge, training, and experience that the standard of care requires the defendant to provide a particular type of care which …
The Role Of Localities In The Transportation And Disposal Of Nuclear Wastes, Marvin Swift, Mars M. Wicker
The Role Of Localities In The Transportation And Disposal Of Nuclear Wastes, Marvin Swift, Mars M. Wicker
University of Richmond Law Review
Transportation and disposal of nuclear wastes brings the apprehensions associated with nuclear power into close physical and psychological proximity to many Americans. The subject of transportation comes with its own set of problems, including potential accidents, packaging, routing, security, sabotage, and special agency actions. Common to all of these problems is the element of the unknown. "Clearly nuclear shipments pre- sent some kind of public health hazard, not necessarily as great as some other activities do and .. .the nature of that hazard is not known precisely."
Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii
Admissibility Of "Day In The Life" Films In Virginia, Mahlon G. Funk Jr., Harry J. Hicks Iii
University of Richmond Law Review
In recent years, audiovisual technology has taken an increasingly prominent position in courtroom procedures. Defense attorneys have traditionally introduced motion pictures of allegedly injured plaintiffs caught in some intense physical activity. More recently, courts have allowed the use of audiovisual depositions, which afford scrutiny of the characteristics and mannerisms of deposed witnesses. In the midst of this evidentiary trend, plaintiffs' counsel now frequently seek admission of "day in the life" films. Such films purport to depict for the jury in graphic detail the effects that a severe personal injury can have on the plaintiff's life. Admission of these films is …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Law Review Index for Volume XVIII.
Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert
Twisting Slowly, Slowly In The Wind: The Effect Of Delay On A Surety's Obligations In Virginia, Michael J. Herbert
University of Richmond Law Review
It is a commonplace among lawyers that the surety, especially the uncompensated surety, is a favorite of the law whose obligations are strictly construed, and with whose sacred rights no designing creditor dare tamper with impunity. In fact, a more reliable maxim might be that "the [surety's] lot is not a happy one." While at common law any change in the obligation of the principal to the creditor discharges the surety, this rule, in many respects, is quite meaningless; and, even where meaningful, easily circumvented. The consent of the surety to a change in the obligation generally precludes discharge, even …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
University of Richmond Law Review
The year 1983 was an active one for administrative law reform in Virginia. The Governor's Regulatory Reform Advisory Board completed its first full year of studying the state administrative process in Virginia, developing proposals for its improvement and drafting enabling legislation. The Board received a wide variety of suggestions from state employees, businesses, and the public at large in open hearings and through private correspondence. The result was the Board's first annual report, containing a series of proposed legislative reforms. The common thread of these reforms was an increased public involvement in bureaucratic decision-making creating broadly applicable regulations with the …