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University of Richmond Law Review

Journal

1988

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Articles 31 - 39 of 39

Full-Text Articles in Law

Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye Jan 1988

Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye

University of Richmond Law Review

Submitting to an employer's demand for a urinalysis test to detect ingestion of drugs means laying your privacy, reputation, career, livelihood and possibly your freedom1 on the line. The chances of being asked to submit to a urinalysis or a polygraph test pursuant to employment are well within the realm of possibility. Virginia Electrical Power Company ("Virginia Power"), the fifth largest employer in Virginia, utilizes both urinalysis and polygraphs as investigative tools. Thus, it is foreseeable that a situation may develop where an employee is fired for refusing to submit to a urinalysis test. This Note focuses on issues that …


Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney Jan 1988

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.


Annual Survey Of Virginia Law: Administrative Procedure, Brian L. Buniva Jan 1988

Annual Survey Of Virginia Law: Administrative Procedure, Brian L. Buniva

University of Richmond Law Review

The express purpose of the Virginia Administrative Process Act (VAPA) is to supplement present and future basic laws that confer authority on agencies to make regulations and decide cases, and to standardize court review thereof except where laws later enacted may otherwise expressly provide. VAPA does not supersede or repeal additional procedural requirements set forth in the basic laws. Instead, its purpose is to supplement the procedural requirements of existing laws. The "basic law" includes provisions in the constitution and statutes of the Commonwealth of Virginia which authorize a state government agency to make regulations or decide cases, or which …


Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs Jan 1988

Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs

University of Richmond Law Review

Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.


Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert Jan 1988

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

This survey of commercial law reviews all Virginia Supreme Court cases interpreting the Virginia Uniform Commercial Code (the "Code") and all statutory changes made to the Code in the 1988 session of the General Assembly. It also reviews significant Code cases decided in the various federal courts located in Virginia and in the Virginia circuit courts. It is current as of approximately May 1, 1988.


The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns Jan 1988

The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns

University of Richmond Law Review

The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.


The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey Jan 1988

The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey

University of Richmond Law Review

When approving a land development project, municipalities require assurance that developers will construct the required public improvements, and that in the event of default, the surety will be responsive, so that the project will be completed promptly, without risk to the municipal treasury. A form of guarantee sometimes used is the letter of credit. The case law involving public improvement letters of credit is sparse, yet the contingent liability to municipalities from defaulted land developments, with illusory sureties, should not be underestimated.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1988

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1988 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 (the Code). In addition to this legislation, there were six cases from the Virginia Supreme Court, and one case from the Fourth Circuit Court of Appeals, in the year ending June 1, 1988, 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.


Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt Jan 1988

Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt

University of Richmond Law Review

An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …