Law Commons^™

Security Transfers By Secured Parties, David G. Epstein

Law Faculty Publications

While no Uniform Commercial Code section specifically so provides, the Code clearly contemplates transfer by secured parties of their interest arising under security agreements, and these transfers commonly occur. Yet the legal ramifications of such transfers are to a large extent unknown because of the silence of the Code and the absence of both reported decisions and secondary authorities. This article will examine one type of transfer by secured parties-transfers by secured parties to secure payment of an indebtedness.

Proceeding Under The Uniform Commercial Code, David G. Epstein

Law Faculty Publications

The Uniform Commercial Code is the "most important piece of business legislation ever prepared in the United States .... " "Article 9 is the most novel and probably the most important article in the Code." "The greatest change under the Code will probably come about in due time because of the so-called 'floating lien' "made possible in part by the Code's proceeds provision, section 9-306. The proceeds provision represents an innovation significant to both debtors and creditors. For example, in order to carry on his business, the borrower who avails himself of inventory financing often desires some right to dispose …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1969-1970, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

Foreword

University of Richmond Law Review

The publication of the Spring, 1969 edition of the University of Richmond Law Review imports considerations of a Janus-like significance. By marking the completion of the first volume of the Review, this issue ends the policy of publishing once a year and looks forward to the publication of two issues in 1969-70. Already, a great deal of thought and preparation have gone into next year's issues (total cost $5.00), both of which will honor the one hundredth anniversary of the T. C. Williams School of Law.

Right To Counsel In Virginia Juvenile Proceedings

University of Richmond Law Review

The juvenile court, representing the parens patriae power of the state, was created in order to remove juveniles from the stigmatizing and punitive atmosphere of adult criminal courts. Divorced from this atmosphere, the juvenile court, by administering individualized justice' in an informal, civil-natured proceeding, could measure the juvenile's social maladjustment and subject him to state supervision in such a manner as to correct his delinquent attitude and lead him to a correct life. Many forums, however, have found that the functioning juvenile system inadequately promulgates the enlightened principles which led to its creation. Scholars have attacked the non-criminal label as …

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.

University of Richmond Law Review

For several centuries the Great Writ of Habeas Corpus has played a central role in protecting individual liberty, guarding against unlawful detention and against the exercise of power not in compliance with the law of the land. Central to the idea of habeas corpus is that it operates within the limits of unlawful imprisonment or detention. As the boundary line between lawful and unlawful confinement changes with growth in recognized individual rights, then the reach of the Great Writ also shifts.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.

Public Assistance: Congress And The Employable Mother, James J. Graham

University of Richmond Law Review

The recent inauguration of a new Chief Executive in Washington, who has already indicated some willingness to try bold solutions to the twin problems of welfare and poverty,' may help create a more realistic political climate for liberals and conservatives. Both groups may be less eager to attribute spiraling increases in the "family" relief categories to personal delinquencies rather than economic circumstances.

The Background Of The Fourth Amendment To The Constitution Of The United States, Part Two, Joseph J. Stengel

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Temporary Judicial Assignments: An Invaluable Tool For Effective Judicial Administration, Joseph D. Tydings

University of Richmond Law Review

One of the great strengths of the Federal judicial system is the ability to shift judicial manpower to meet critical caseload demands. This administrative authority is a statutory creation, first incorporated in the United States Code on the suggestion of Chief Justice William Howard Taft.' Because temporary judicial assignments are premised upon a statutory foundation, it is the particular responsibility of Congress to see that those assignments are used to effectuate the Congressional intent and, thereby, alleviate the critical caseload bottlenecks in the Federal judicial system. As Chairman of the Senate Subcommittee on Improvements in Judicial Machinery I conducted hearings …

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis

University of Richmond Law Review

In its deliberations during 1966 and 1967 regarding estates of decedents, the Virginia Advisory Legislative Council gave particular consideration to the advisability of abolishing the contingent rights of dower and curtesy in Virginia. The VALC had to determine what interests, if any, should be reserved to the surviving consort, and whether the distinction between real and personal property in intestate succession should be abolished.

Implied Warranty Of Habitability In Lease Of Furnished Premises For Short Term: Erosion Of Caveat Emptor

University of Richmond Law Review

At common law, the rule of caveat emptor applied to a lease of real property. Therefore, it was the tenant's duty to inspect the premises before leasing them to determine their safety and adaptibility to his needs. With the rare exceptions of fraud, misrepresentation or express warranty, the landlord was not liable to a tenant who was injured by defects in the premises. Under no circumstances was there an implied warranty in the lease of real property that the premises were suitable for occupancy. Today, the great weight of authority, in the absence of statute, is in accord with the …

Recovery For Negligently Caused Emotional Trauma Resulting From Fear For The Safety Of Another

University of Richmond Law Review

Recovery for emotional trauma has progressed slowly in the century since Lord Wensleydale uttered the above words. The courts have been reluctant to recognize the interest in emotional tranquility both when the interference has been intentional and when it has been negligent.

Burden Of Proof For Recovery On Accident Policy Where The Defense Is Suicide-Virginia's Answer

University of Richmond Law Review

When the defense of suicide is raised in opposition to a claim for recovery on a life insurance policy, on a double indemnity provision for accidental death therein, or on an accident policy, courts are troubled by the allocation of the burden of proof. If the claim is made on a standard life insurance policy, suicide must be expressly excluded to be a valid defense. If so excluded, the defendant-insurer bears the burden of proving that the death was suicidal. On the other hand, if the claim for recovery is on an accident policy or on a double indemnity provision …

Sodomy And The Married Man

University of Richmond Law Review

Although the Constitution does not provide for a specific right of privacy, the existence of such a right is beyond dispute. The extent of the right is, however, difficult to determine when one considers the point beyond which the right of privacy will prohibit intrusion by either state or federal authorities into an individual's affairs. Only by balancing the individual's need for privacy with the state's interest in regulating private conduct, can a delineation be made.

Publicity In The Juvenile Court

University of Richmond Law Review

With few exceptions a public trial is granted, under the sixth amendment, to adults accused of crimes. Correspondingly, what takes place in the courtroom is generally held to be public property available for dissemination by the press. In juvenile proceedings, however, privacy has "typically been among the few unchallenged keynotes." Characteristic of the juvenile court system have been procedures aimed at maintaining the anonymity of juvenile offenders.

Foreword

University of Richmond Law Review

With the publication of this issue of the Review, a goal that seemed far away a few years ago is realized. It was envisioned by the organizers of this publication that expansion to two issues would occur as soon as time, experience, finances, and other circumstances made it feasible. Just two years later, their intentions have been fulfilled.

Administrative Practice Before Federal Agencies, William H. Sager, Leslie S. Shapiro

University of Richmond Law Review

There exist more than forty federal executive and administrative agencies before which lawyers (and in many cases, laymen) may practice and serve the interests of clients. The complexities of our society, the specializations which are a by-product of a complex industrial state, and the persistent growth of government's bureaucracy, point up the continuing importance of practice before federal administrative agencies.

National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit

University of Richmond Law Review

In the National Labor Relations Act it is the stated policy of the United States to encourage the collective bargaining process. This article submits that in order to effectuate such a policy, a recognition of the nature and basic need of the union in a procedure involving three parties is vital.

Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett

University of Richmond Law Review

With the publication last March of the preliminary draft of the rules of evidence for the lower federal courts, the possibility of implementation of reforms in the law of evidence on a national level is opened for the first time. Although all aspects of the proposed rules will doubtless stimulate discussion, the committee's treatment of the hearsay rule is likely to provoke the most comment.

Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony

University of Richmond Law Review

At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.