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Full-Text Articles in Law
The Virginia Judicial System: Organization And Structure, W. Clark Williams Jr.
The Virginia Judicial System: Organization And Structure, W. Clark Williams Jr.
Law Faculty Publications
No abstract provided.
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2006-2008), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2006-2008), J. Rodney Johnson
Law Faculty Publications
The 2007 Session of the General Assembly enacted substantially more wills, trusts, and estates legislation than one typically expects, some of which was of a particularly significant nature, such as that (1) providing for the probate of wills not executed with the required statutory formalities; (2) preventing any future application of an unfortunate augmented estate decision of the Supreme Court of Virginia; (3) avoiding the impact of federal Employee Retirement Income Security Act of 1974 ("ERISA") preemption in certain insurance revocation and slayer statute cases; and (4) mandating notice to the public when modification or termination of a charitable trust, …
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Reconsidering Virginia Judicial Selection, Carl W. Tobias
Law Faculty Publications
The 2008 Virginia General Assembly adjourned this summer without electing judges to vacancies on the State Corporation Commission (the "Commission" or "SCC"), the Supreme Court of Virginia, and numerous circuit courts. Thus, Democratic Governor Tim Kaine recently appointed individuals to fill these openings. Although the jurists whom the Governor appointed seem very well-qualified, the judges may only serve for five months, unless the 2009 General Assembly elects them. The 2008 Assembly's failure to elect judges for these vacancies demonstrates that the selection process is ineffective, and perhaps broken, as this development has eroded the delivery of justice and may have …