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Articles 31 - 52 of 52
Full-Text Articles in Law
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1995 Session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia. In addition to this legislation, there were five Supreme Court of Virginia opinions and one Fourth Circuit opinion in the year ending June 1, 1995 that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.
Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.
University of Richmond Law Review
Since publication of the 1994 Annual Survey of Virginia Law' several significant judicial decisions, state statutes and state regulatory initiatives have demonstrated the increasing nexus between federal and Virginia environmental law. The federal and state courts have helped define the interrelationships between environmental law, tort law, land use law, and procedural/jurisdictional issues related to environmental law.
Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii
Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii
University of Richmond Law Review
The Annual Survey last addressed Virginia Workers' Compensation law in 1992. The Virginia Workers' Compensation Commission [the Commission] decides almost 1500 decisions a year and, on average, 300 of these are appealed to the Court of Appeals of Virginia. Consequently, this article discusses only the most significant developments in workers' compensation between January 1993 and June 1995. In doing so, the article attempts to highlight areas of controversy and inconsistency.
United States V. National Treasury Employees Union And The Constitutionality Of The Honoraria Ban: Protecting The First Amendment Rights Of Public Employees, Judy M. Lin
University of Richmond Law Review
During the 1980s, government ethics were brought into the spotlight as the public's confidence in the integrity of government officials eroded. In an attempt to curb actual and perceived improprieties by government employees, and to reinforce the standards of integrity within the federal government, President Bush signed into law the Ethics Reform Act of 1989.
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
University of Richmond Law Review
In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Form V. Substance: The Supreme Court Retreats Into Its Formalistic Shell In Oklahoma Tax Commission V. Jefferson Lines, Jason P. Livingston
Form V. Substance: The Supreme Court Retreats Into Its Formalistic Shell In Oklahoma Tax Commission V. Jefferson Lines, Jason P. Livingston
University of Richmond Law Review
The Constitution expressly authorizes Congress to "regulate Commerce with foreign Nations, and among the several States." However, it says nothing about the protection of interstate commerce absent any affirmative action by Congress. The Supreme Court has consistently recognized implicit in the language of the Commerce Clause "a further, negative command, known as the dormant Commerce Clause, prohibiting certain state taxation even when Congress has failed to legislate on the subject." In finding that states may constitutionally tax the local portion of interstate business transactions, the Court has held that "[it was not the purpose of the Commerce Clause to relieve …
Liberalism And The Possibility Of Multicultural Constitutionalism: The Distinction Between Deliberative And Dedicated Cultures, Robert Justin Lipkin
Liberalism And The Possibility Of Multicultural Constitutionalism: The Distinction Between Deliberative And Dedicated Cultures, Robert Justin Lipkin
University of Richmond Law Review
Liberalism and multicultural constitutionalism are on a collision course destined to become the next great battlefield in the unfolding odyssey of American constitutional law. The impending battle will define the scope and limits of liberal constitutionalism and its role as the model for democracy around the world. While turbulence between liberalism and multicultural constitutionalism occurs across a panoply of controversies, the eye of the storm focuses on one central question: Can liberalism tolerate non-liberal cultures? This article explores the hypothesis that liberalism's deep structure precludes it from explaining and justifying the toleration of non-liberal cultures. If so, this hypothesis has …
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part One), Alan W. Clarke
University of Richmond Law Review
Habeas corpus was once a broad writ of liberty: it served to give meaning to expanding notions of due process, it forced state judicial systems to obey constitutional commands, and it made effective modern conceptions of fundamental fairness. Although a simple implement of humble origin, U.S. habeas corpus became inextricably interwoven with the substantive rights it enforced. Without a practical remedy, cutting across state boundaries and affording uniform access, the substantive rights themselves lose meaning. A right without remedy is a right without meaning. Thus, habeas corpus became an important part of the substantive rights that it enforced.
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
University of Richmond Law Review
The Emroch Lecture series was established through the generosity of the late Mr. Emanuel Emroch, his wife Bertha, and other family members and friends. Mr. Emroch held both undergraduate and law degrees from the University of Richmond. He was a distinguished civil trial practitionerin the City of Richmond for many years. Mr. Emroch was listed in Best Lawyers of America, was a Fellow of the International Academy of Trial Lawyers, and of the American College of Trial Lawyers, and was a charter member and past president of the Virginia Chapter of the American Board of Trial Advocates. He was also …
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
The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
University of Richmond Law Review
Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
Quantifying Liability Under The Architect's Standard Of Care, Murray H. Wright, David E. Boelzner
University of Richmond Law Review
In recent years, architects and other design professionals have become the targets of claims arising from problems encountered in construction projects. In addition to incurring the costs of defending such claims, these design professionals (or their insurers) have often found themselves absorbing the liability for many "errors and omissions" that are difficult to defend when individually excerpted from a substantial project. This treatment of claims for defective design reflects a distortion of the architect's professional standard of care that is justified neither by the contractual liability assumed by the architect nor by the economic balance among the parties involved in …
The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey
The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey
University of Richmond Law Review
The majority rule in America for the amendment and termination of trusts was first adopted in Claflin v. Claflin and came to be known as the Claflin Doctrine. This rule states that "a testator has a right to dispose of his own property with such restrictions and limitations, not repugnant to law, as he sees fit, and that his intentions ought to be carried out, unless they contravene some positive rule of law, or are against public policy." In effect, the Claflin Doctrine is codified in the Restatement (Second) of Trusts, which states that trust beneficiaries cannot compel a trust's …
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
University of Richmond Law Review
This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
University of Richmond Law Review
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
University of Richmond Law Review
In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Group boycott and antitrust conspiracy claims met with little success in Virginia this year. Both federal and state courts are increasingly wary of allowing cases to proceed where the essential elements of antitrust claims are not established or where no impact on competition is proven. Moreover, procedural and evidentiary difficulties have plagued antitrust plaintiffs this year. In short, the cases reflect judicial analysis that is both sophisticated and resistant to allowing meritless antitrust claims to get to a jury.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner
University of Richmond Law Review
This article reviews selected judicial decisions and legislation affecting real property law in Virginia during the past year. Part I discusses some of the more significant cases decided by the Supreme Court of Virginia. Part II discusses some of this year's most significant legislation enacted by the Virginia General Assembly.
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.