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University of Richmond

Journal

1989

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Articles 31 - 42 of 42

Full-Text Articles in Law

Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg Jan 1989

Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg

University of Richmond Law Review

This year, 1989, may become known as the Ethics Year as accounts of questionable behavior of public, governmental and leading business figures, many of whom are lawyers, proliferate in the media. Questionable ethical behavior leads to the erosion of public confidence in the legal profession and demonstrates the need for increased scrutiny of the conduct of lawyers in both their professional and private capacities.


Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin Jan 1989

Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin

University of Richmond Law Review

In the spring of 1986, a proposal was made to the Advisory Committee on the Rules of Court to the Judicial Council of Virginia (the "Advisory Committee") for a reorganization and review of the Rules of Court for the general district courts. The Advisory Committee authorized the creation of a subcommittee.


Annual Survey Of Virginia Law: Taxation, Carle E. Davis Jan 1989

Annual Survey Of Virginia Law: Taxation, Carle E. Davis

University of Richmond Law Review

In its 1989 session, Virginia's General Assembly passed many bills amending sections of and adding new sections to 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, real estate and recordation taxes, and miscellaneous local taxes. The Virginia courts decided several cases concerning miscellaneous taxation issues. In addition, the Virginia Department of Taxation finalized regulations concerning the payment of estimated income taxes by individuals and fiduciaries and promulgated other emergency and proposed regulations. This article covers legislative and regulatory changes …


Remembering Nina R. Kestin, Kenneth E. Powell Jan 1989

Remembering Nina R. Kestin, Kenneth E. Powell

University of Richmond Law Review

There are many people whose lives are different because Ricki Kestin was in it. I am one of those people. You will understand when I tell you that I did not want to speak today; that I did not want to tell you what I knew or thought or felt about Ricki.


University Of Richmond Law Review Jan 1989

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Tobacco Suits Today: Are Cigarette Plaintiffs Just Blowing Smoke?, Milby Amott Mccarthy Jan 1989

Tobacco Suits Today: Are Cigarette Plaintiffs Just Blowing Smoke?, Milby Amott Mccarthy

University of Richmond Law Review

The Surgeon General has stated that cigarette smoking is the "chief, single, avoidable cause of death in our society and the most important public health issue of our time." Over 200,000 people die each year in the United States as a result of cigarette smoking. Consequently, numerous products liability suits have been filed against tobacco companies. However, until the 1988 decision in CipoIlone v. Liggett Group, Inc., no plaintiff had won a products liability suit against a tobacco company.


Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison Jan 1989

Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison

University of Richmond Law Review

It is a basic principle of the American system of jurisprudence that the courts of the United States are open. That includes not only the opportunity for the public to attend courtroom proceedings, but also the right to examine the documents that are filed in court. However, this principle of openness can sometimes come into conflict with other principles in our justice system. Everyone recognizes that there are some situations in which information should not be made public, at least not immediately. The problem is how to identify and limit those situations in which information is not made public so …


Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin Jan 1989

Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin

University of Richmond Law Review

In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.


The Defensive And Offensive Use Of "Poison Pills" Within The Business Judgment Rule, Wendy B. Gayle Jan 1989

The Defensive And Offensive Use Of "Poison Pills" Within The Business Judgment Rule, Wendy B. Gayle

University of Richmond Law Review

Corporate directors owe fiduciary duties of care and loyalty to the corporation and its shareholders as a result of their position of control. In general, the standard for the duty of care owed by a director is one of a prudent person in similar circumstances. The duty of loyalty prohibits directors from engaging in self-dealing transactions and acts of bad faith.


Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl Jan 1989

Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl

University of Richmond Law Review

In 1989, the Virginia General Assembly enacted significant legislation authorizing the creation of an experimental family court. The experimental program is an attempt to examine the unification of the circuit court and the juvenile and domestic relations district court's jurisdiction of divorce cases. The program's goals include the elimination of duplicate hearings, the savings of client costs, and the elimination of de novo appeals.


Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King Jan 1989

Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial decisions, including: (1) two Eastern District of Virginia cases in which Virginia corporate law was applied to help ward-off hostile takeovers; (2) three Fourth Circuit opinions affecting private actions under the federal securities laws; (3) a Supreme Court of Virginia decision specifically enforcing a close corporation buy-sell agreement against a deceased shareholder's widow; (4) an Eastern District of Virginia case in which close corporation squeeze-out allegations were held sufficient to state a federal claim for securities fraud; and (5) a Western District of …


The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring Jan 1989

The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring

University of Richmond Law Review

The Cable Communications Policy Act of 1984 (the "Cable Act") was a comprehensive amendment to the Communications Act of 1934. The Cable Act established the national policy for the regulation of the cable television industry. The focus of the Cable Act and the administrative rules implementing the act has been on the relationship between franchising municipal authorities and cable television operators. Congress addressed some consumer issues in the Cable Act such as subscriber privacy, commercial access channels, and public, educational, and governmental ("PEG") channels.