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The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill
Law Faculty Publications
The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal
Law Faculty Publications
In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …