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Articles 1 - 30 of 39
Full-Text Articles in Law
Virginia State Corporation Commission: Responsible Regulation For The Commonwealth, Elizabeth B. Lacy
Virginia State Corporation Commission: Responsible Regulation For The Commonwealth, Elizabeth B. Lacy
University of Richmond Law Review
The Virginia State Corporation Commission is probably the most powerful agency in the Commonwealth. The SCC has legislative, judicial, and administrative authority. Its jurisdiction includes regulation of railroads, and telephone, telegraph, water, gas and electric utilities, motor carriers, financial institutions, the insurance and securities industries, as well as administration of the laws governing all corporations doing business in Virginia. As such, SCC policies have a significant impact on the business and personal lives of many Virginians. In this article Commission Chairman Elizabeth Lacy provides a brief and insightful view of the SCC's structure, procedures, responsibilities and policies. Chairman Lacy also …
Limited Liability For Shareholders In Virginia Professional Corporations: Fact Or Fiction?, Laura R. Brown
Limited Liability For Shareholders In Virginia Professional Corporations: Fact Or Fiction?, Laura R. Brown
University of Richmond Law Review
In 1970, Virginia enacted the Professional Corporation Act which permits members of certain professions to form corporations for the purpose of rendering professional services. It is available to most professionals as an alternative to practicing individually or in partnerships. While many professionals have formed such corporations to avail themselves of certain tax benefits, others have formed professional corporations simply to gain the advantages of practicing in the corporate form. One traditional advantage of the corporate form is that shareholders are shielded from personal liability for the negligent acts committed by agents or employees of the corporation and for the debts …
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
University of Richmond Law Review
Virginia's recently enacted antitakeover statute, the "Affiliated Transactions" provision of the Virginia Stock Corporation Act, raises serious constitutional and economic questions. Although the form of the statute appears to regulate the internal affairs of Virginia corporations, the substance and practical impact of the statute render it violative of both the commerce and supremacy clauses. Constitutional analysis of state antitakeover legislation necessitates consideration of the economic desirability of an unrestricted market for corporate control. The United States Supreme Court's most recent statement on the subject, in CTS Corp. v. Dynamics Corp. of America, decided on April 21, 1987, reflects a noteworthy …
Annual Survey Of Virginia Law: Employment Law, Patricia K. Epps
Annual Survey Of Virginia Law: Employment Law, Patricia K. Epps
University of Richmond Law Review
This survey covers legislative and judicial developments in Virginia employment law between June 1986 and June 1987. It does not address the workers' compensation and unemployment compensation statutes but focuses on state labor and fair employment laws and the employment-at-will doctrine.
Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby
Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby
University of Richmond Law Review
All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley
University of Richmond Law Review
There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
Maginot Line Defenses To A Preference Action? 11 U.S.C. § 547(C )(2) & (C )(4), Charles E. Reynolds
University of Richmond Law Review
Suppliers of goods and services on credit understand that the recipient may be unable to pay for some or all of the goods provided or the services rendered. However, many of these suppliers have a difficult time "giving back" money previously received from a debtor who has filed for protection under the United States Bankruptcy Code. Judicial interpretation of the broadly written bankruptcy law has made it difficult to defeat a preference action instituted by a trustee in bankruptcy or a debtor-in-possession. As a result, any supplier who has several transactions with a debtor during the preference period is particularly …
The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman
The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman
University of Richmond Law Review
Second-class mail rates are available only to publications that distribute one- half or more of all circulated copies either to paying subscribers or to persons who have requested that the publication be sent to them. A publication that distributes more than half of its copies free of charge to persons who have not specifically requested copies must pay the higher third-class rate. As a result, the lower rate is denied to many community newspapers and to publications designed to win converts to a political cause or religious faith. This article argues that the Postal Service's unequal treatment of publications without …
Criminal Rico: Forfeiture Of Fees, Sixth Amendment Rights, And Attorney Responsibilities, Elizabeth E. Stanulis
Criminal Rico: Forfeiture Of Fees, Sixth Amendment Rights, And Attorney Responsibilities, Elizabeth E. Stanulis
University of Richmond Law Review
The Racketeer Influenced and Corrupt Organizations Act (RICO) is the most expansive criminal statute ever passed by Congress. The statute and its amendments impose strict penalties for various activities associated with organized crime, including forfeiture of the proceeds of criminal activity. However, RICO's ambiguous language has caused confusion in its interpretation by federal courts.
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Law Review Volume XXI.
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.
Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer
Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer
University of Richmond Law Review
Defamation and invasion of privacy occur routinely during the administration of polygraph examinations in the workplace. Previously, employers have been shielded from liability for defamation on the grounds that publications in this context are protected by a qualified privilege. Until recently, the general perception was that employees had no substantial expectation of privacy in the workplace.
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
University of Richmond Law Review
This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
University of Richmond Law Review
In enacting the Freedom of Information Act (FOIA) in 1966, Congress provided for broad disclosure of agency records. Although nine specific exemptions were included in the statute, they did not adequately address the Central Intelligence Agency's concern for security. Under the original FOIA, the CIA was required to search and assemble information which would otherwise remain compartmented, even though it was often clear that most or all of the information would fall within a statutory exception. The Central Intelligence Agency Information Act addresses many of the concerns of the CIA, as well as those held by public interest groups who …
A Dedication To Thomas A. Edmonds, Daniel T. Murphy
A Dedication To Thomas A. Edmonds, Daniel T. Murphy
University of Richmond Law Review
The Law Review dedicates this issue to Thomas A. Edmonds on the occasion of his resignation as Dean of the T.C. Williams School of Law. Dean Edmonds left Richmond in January, 1987, to assume his new responsibilities as Dean of the law school at the University of Mississippi. Tom and Martha Edmonds are from Mississippi, and Tom began his teaching career at the law school where he now serves as dean. In a sense this move is a return home for the Edmonds.
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes
University of Richmond Law Review
Cases arising under the United States Constitution's religion clauses fall into four general categories. In the first category are establishment clause controversies involving the provision of government services or aid. For example, when the government seeks to provide educational assistance to all private schools, financial aid to parochial schools is usually challenged on establishment clause grounds.
Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.
Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.
University of Richmond Law Review
Resolving the issue of fraud in the inducement of franchise agreements is an area that merits refinement. To save time and expense, arbitration-which bars both parties from the court system to resolve disputes-is a significant contemporary development. The reliance on arbitrators, who are not bound by precedent, is especially serious when their authority to resolve a particular controversy comes from a franchise agreement. Such agreements have been the subject of legislative inquiry, administrative action and litigation largely because of the informational imbalance between franchisors and franchisees during the course of negotiating their agreements. This article argues that, because franchisees generally …
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
Municipal Lease-Purchase Agreements: A Virginia Perspective, R. Webb Moore
University of Richmond Law Review
America's state and local governments are in a fiscal vise. Federal intergovernmental aid reached a high water mark in fiscal 1979, but subsequent cutbacks by President Reagan and Congress brought the era of rapid growth in federal domestic spending to a screeching halt in 1981 with reductions of over fifty-three billion dollars in budgetary authority and thirty-five billion dollars in budgetary outlays. Local governments have responded by taking one of three fiscal paths: (1) forced austerity, resulting in school and library closings, deteriorating infrastructure, elimination of mass-transit systems and benefit and personnel cuts; (2) an increased dependence on local tax …
Potential Employer Liability For Employee References, Kyle E. Skopic
Potential Employer Liability For Employee References, Kyle E. Skopic
University of Richmond Law Review
Employers are having second thoughts about giving employee references. Until recently, prior employers willingly passed on significant amounts of employee information to prospective employers. However, the increasing propensity of individuals and companies to sue over undesirable or inadequate references has made many employers reluctant to give out frank and detailed references. As courts continue to explore privacy and employee rights, employers will be forced to weigh the benefits of providing references' against the possibility of defending a costly lawsuit.
Virginia Domestic Relations Handbook And Virginia Domestic Relations Case Finder, Matthew N. Ott
Virginia Domestic Relations Handbook And Virginia Domestic Relations Case Finder, Matthew N. Ott
University of Richmond Law Review
The Michie Company has released two publications dealing with the changing area of domestic relations law and which provide the busy Virginia practitioner with easy access to the areas within the field of family law practice and the relevant case authorities.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii
The Collision Of Tort And Contract In The Construction Industry, Murray H. Wright, Edward E. Nicholas Iii
University of Richmond Law Review
Over the past two decades, several courts have allowed construction industry plaintiffs to assert tort claims to recover for purely economic losses (i.e. other than injury to person or property) from other participants in the construction process. Parties assert tort claims, instead of or in addition to contract claims, to take advantage of the more liberal tort damage rules and, probably more importantly, to escape unfavorable contract provisions. This article briefly discusses the different origins and goals of tort and contract law. It then reviews some of the decisions allowing recovery of purely economic losses in tort as well as …
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
University of Richmond Law Review
In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Tribute: The Passing Of A Legal Legend, Ronald J. Bacigal
Tribute: The Passing Of A Legal Legend, Ronald J. Bacigal
University of Richmond Law Review
The University of Richmond Law Review respectfully dedicates this issue to the memory of Malcolm Ray Doubles, 1900-1987. Judge Doubles earned his B.S. degree at Davidson College and his law degree at the T.C. Williams School of Law. He practiced with the Richmond law firm of Carter, Crawford and Redd before leaving to become a full-time law professor at the T.C. Williams School of Law. He served as dean of the law school from 1930 to 1947 and from 1971 to 1972, and as Judge of the Hustings Court of Richmond from 1947 to 1965. The pages that follow serve …
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
University of Richmond Law Review
After three years of working major changes to the Virginia Administrative Process Act (VAPA), the General Assembly paid scant attention to the Commonwealth's fundamental law of administrative procedure in 1987. During its most recent session, the legislature produced only three amendments to VAPA, inserting a regulation severability provision, modifying VAPA's impact on Voluntary Formulary changes, and narrowing the exemption enjoyed by the Virginia Marine Resources Commission. In two other statutory changes affecting administrative procedure, the General Assembly expressly provided for agency subdelegation and specified the method for computing time for a rule of court. While severability has evolved into an …
Annual Survey Of Virginia Law: Business And Corporate Law, David R. Ruby
Annual Survey Of Virginia Law: Business And Corporate Law, David R. Ruby
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial developments, including: (1) the United States Supreme Court's upholding of the validity of an Indiana anti-takeover statute, similar to Virginia's affiliated transactions provisions; (2) the Virginia Supreme Court's ruling that the providing of day care in one's home constitutes a "business pursuit" within the meaning of a standard exclusionary clause found in homeowners' insurance policies; and (3) in what appears to be a case of first impression before any Virginia court, a Virginia circuit court's invalidation of a stock option granted by the …
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
It has been a fairly busy year for Commercial Law in Virginia courts, but not in the legislature. This may not last; there are already legislative efforts underway to extend the coverage of Virginia's Uniform Commercial Code (the "Code") to electronic fund transfers and personal property leasing. If those efforts are successful, the General Assembly will soon have on its hands the considerable task of evaluating the first major overhaul of the Code in a decade.