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Articles 1 - 30 of 40
Full-Text Articles in Law
Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill
Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill
Law Faculty Publications
One may reasonably conclude that a state may escape invalidation of a statute which apparently exceeds permissible Bill of Rights limits if the state shows that the statute does not operatively mean what it appears to say, but rather requires only an allegiance to the Constitution, and secondly, that a state may properly make inquiries to determine the oath affirmant's sincerity and good faith.
State Securities Regulation Of Real Estate Investment Trusts, David G. Epstein
State Securities Regulation Of Real Estate Investment Trusts, David G. Epstein
Law Faculty Publications
If one of John Saxe's blind men of Indostan were to prate about a real estate investment trust (REIT) with knowledge only of state securities regulations thereof, his commentary would be no more accurate or revealing than his descriptions of the elephant. For almost a decade, state blue sky regulation has presented the primary legal obstacle to the organization of real estate investment trusts. This article will consider the nature and problems of such regulation.
University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1971-1972, University Of Richmond
University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1971-1972, University Of Richmond
Law School Catalogues
The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and valued 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 father, was …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.
University of Richmond Law Review
The evolution 'and development of the corporate conglomerate has been the most significant factor in the growth of twentieth century American enterprise. Corporate growth has far outdistanced that of alternative forms of business. The purchase and sale of an increasing volume of corporate securities has permitted management to raise impressive quantities of capital, and has allowed numerous investors to share in the profits realized from the judicious use of their funds.
Price Fixing And The Illegal Per Se Concept
Price Fixing And The Illegal Per Se Concept
University of Richmond Law Review
The Sherman Anti-Trust Act declares every contract in restraint of trade to be illegal. The early decisions construing this act interpreted the language literally. Since this interpretation would have invalidated nearly all contracts used in the normal course of business, the test was relaxed to a rule of reason Henceforth, the only restraints violative of the Sherman Act were those operating to the prejudice of the public interest by causing undue interference with the free flow of trade. The court soon recognized certain actions as being illegal per se because of their total lack of benefit to the public. Among …
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
University of Richmond Law Review
The use of fines as a criminal sanction has been a part of Anglo-American law for over six hundred years. From the inception of this penalty, however, law making bodies have had to deal with the convicted criminal who fails or refuses to pay the fine imposed upon him. The early non-paying offender faced being sold into slavery unless the necessary funds could be produced by family or friends. From such early remedies for default our present more civilized alternative of imprisonment arose.
Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction
Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction
University of Richmond Law Review
Most of the states make it unlawful for a person to possess a narcotic drug unless authorized under the narcotic drug statutes. Most jurisdictions have adopted the Uniform Narcotic Drug Act with various amendments." Yet in those states in which the UNDA is not in force, the corresponding laws are nearly identical. Generally, the statutes specify that it is unlawful to possess "any narcotic drug." This phrase is considered by most jurisdictions to specify that any amount, even the slightest trace, is sufficient for a conviction, while other states require that a "usable quantity" must be present.
Possession Of Narcotic Drugs
University of Richmond Law Review
Possession of narcotic drugs, including marijuana, is deemed illegal in Virginia by statute. The concept of possession has been a major contro- versy in criminal proceedings in Virginia and other states. Generally, legal possession has meant the holding of property in one's own power or command. There may be either an actual physical holding, which consists of the power to control the property plus the intent to control the property, or constructive possession, where there is an absence of actual physical control, but a capacity to control along with the intent to control such property.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
Can Balance Be Restored In The Constitutional War Powers Of The President And Congress?, William B. Spong Jr.
University of Richmond Law Review
The Cambodian incursion of April, 1970, brought forth renewed observations from constitutional scholars, eminent and amateur, that the war-making power of Congress had been eroded and the checks and balances system for the initiation and conduct of hostilities by American troops, as contemplated by the Founding Fathers, rendered almost inoperative. Debates on the National Commitments Resolution and the Cooper-Church Amendments, as well as events following adoption of these measures, appear to sustain such conclusions. How has this happened? What, if anything, can be done to restore some balance in this crucial area of public policy? Should there be an effort …
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
Uniform Commercial Code- Breach Of Warranty- Applicable Statute Of Limitations For Personal Injury
University of Richmond Law Review
Statutes of limitation are statutes of repose, the object of which is to compel the exercise of a right of action within a reasonable time. They are designed to suppress fraudulent and stale claims from being asserted after a great lapse of time, to the surprise of the parties, when the evidence may have been lost, the facts may have become obscure because of defective memory, or the witnesses have died or dis- appeared.
Cruel And Unusual Punishment-Constitutionality Of The Death Penalty For Rape Where Victim's Life Neither Taken Nor Endangered
University of Richmond Law Review
Throughout history societies have attempted to influence behavior and maintain order through the use of sanctions imposed by custom, tradition and law. Various methods and degrees of punishment have been exacted for anti-social behavior; each individual society fixing its own value upon the interest to be protected and its interest in punishing the offender. Some civilizations have utilized torture, maiming and, not infrequently, cruel and painful deaths as punishment for crimes.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for the Law Review Volume 5.
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore
University of Richmond Law Review
Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.
Nepa: Full Of Sound And Fury?
University of Richmond Law Review
Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.
Student Practice-Limited Appearances In Court By Third Year Law Students
Student Practice-Limited Appearances In Court By Third Year Law Students
University of Richmond Law Review
The practice of law as it is known to our legal system has been a closely guarded institution since its development in England during the Middle Ages. In the fourteenth and fifteenth centuries the legal profession became organized and obtained the monopoly of legal work it still enjoys today. Even before the end of the thirteenth century, it was generally recognized that although a litigant could personally appear and argue in his own behalf, the party represented by a lawyer, who was an expert in the law and its language, would have a decided advantage over his opponent.
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce
University of Richmond Law Review
At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.
Parental Immunity- Automobile Negligence
Parental Immunity- Automobile Negligence
University of Richmond Law Review
An action between a parent and his minor child was not prohibited at common law. In fact, the child was allowed redress in matters concerning his property. However, no action in tort for personal injuries was ever recorded.
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 provides that it is an unlawful employment practice to discriminate in hiring because of an individual's race, color, religion, sex or national origin. The purpose of this title is to eliminate discrimination in the labor market so as to afford persons with the ability to perform work and earn their livings the opportunity to do so without penalty because of one of these factors.
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants
University of Richmond Law Review
The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.
Right To Counsel In Virginia
University of Richmond Law Review
The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …
The Innkeeper's Lien And Due Process
The Innkeeper's Lien And Due Process
University of Richmond Law Review
The problems associated with human mobility require constant testing and refining of the principles embodied in our common and statutory law. Furthermore, there has developed an increasing concern for the rights of the economically disadvantaged individual in contemporary America. The compound problems of the mobile poor have been partly resolved by the application of the due process clause of the Fourteenth Amendment to them.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
From The Editors
University of Richmond Law Review
The Review this year has made a conscious effort to move its publication date for the Fall issue substantially closer to the opening of classes here at the law school for the Fall session. Having met with some suc- cess, the Fall issue is available approximately a month earlier this year than last, and the proposed publication date for the Spring issue reflects a similar improvement. Our modest goal, of course, is to publish a Fall and Spring issue in fact, rather than in name only.
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
The Federal Tort Claims Act: A Substantive Survey, Robert N. Johnson
University of Richmond Law Review
The enactment of the Federal Tort Claims Act (FTCA) on August 2, 1946, provided the most comprehensive waiver of sovereign immunity encountered in the Federal Claims System.
The Space Age: Legal And Policy Problems, Carl T. Curtis
The Space Age: Legal And Policy Problems, Carl T. Curtis
University of Richmond Law Review
Public realization that the Space Age was at hand came with the launching of Sputnik on October 4, 1957. A second and much larger Soviet earth satellite, containing a dog, was launched on Novem- ber 3, 1957. This startling emergence of Soviet space science and technology had grave implications for the security of the free world, be- cause it demonstrated that the U.S.S.R. possessed much of the technology required to explore and control space. Moreover, through the Sputnik launchings, the Soviet Union revealed a capacity to launch intercontinental ballistic missiles. Future methods of maintaining peace or waging war would be …
Toward Judicial Reform, Edward J. Gurney
Toward Judicial Reform, Edward J. Gurney
University of Richmond Law Review
President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.
The Clear And Present Danger Standard: Its Present Viability
The Clear And Present Danger Standard: Its Present Viability
University of Richmond Law Review
The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …
The Emerging Constitutional Privilege To Conceal Confidential News Sources
The Emerging Constitutional Privilege To Conceal Confidential News Sources
University of Richmond Law Review
In furtherance of the national interest in an informed populace, the American press has evolved into a sophisticated and complex system of news reporting that is universal in scope. Although methods of accumulating and disseminating data have changed with technological advancement, the people have continued to be the primary source of news reports. Communications from source to media frequently are conducted in confidence, with the anonymity of the informant being a condition precedent to disclosure of the information. Legal problems develop when the newsman is called upon to reveal the identity of his confidential source in a judicial or legislative …
Administration Of Municipal Services In Light Of The Equal Protection Clause
Administration Of Municipal Services In Light Of The Equal Protection Clause
University of Richmond Law Review
Disparities in the quality of human existence have been present throughout civilized societies whenever men have assembled, forming urban communities. The larger and more established these communities have become, the more pronounced have become the social disparities which separate their citizenry. Much of this social division is attributable to the age-old economic differences between the "haves" and the "have nots" differences accentuated by the complexities of modern urban life. However, with the modernization and increase of all varieties of municipal services, it has become clear that those "on the other side of the tracks" often do not enjoy the same …