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Articles 1 - 27 of 27
Full-Text Articles in Law
Local Government Law In Virginia, 1870-1970, Patrick M. Mcsweeney
Local Government Law In Virginia, 1870-1970, Patrick M. Mcsweeney
University of Richmond Law Review
Virginia has never faced more pressing local problems. Both the population and the economy have grown so rapidly in the last several decades that the traditional system of local government has been strained and perhaps even rendered obsolete. This system was established when Virginia was a predominantly rural and agricultural state. But after approximately three centuries without radical change, it has suddenly been threatened by urbanization. Simply put, it was not designed to operate in a predominantly urban and industrial setting and has proven unequal to the task of coping with the problems which attend urbanization.
A Century Of Tort Immunities In Virginia, James A. Eichner
A Century Of Tort Immunities In Virginia, James A. Eichner
University of Richmond Law Review
Since the earliest days of tort litigation, the Virginia Supreme Court of Appeals, like the courts of its sister states, has been committed to the general view that legal responsibility follows negligence, and that the master is liable for his servants' torts committed within the scope of their employment. However, several years before the found- ing of the T. C. Williams School of Law, the Virginia court, in its landmark decision respecting governmental tort immunity, laid down a decision which has led to the creation of a number of tort immunities which it has never sought to justify on grounds …
Automobile Noise- An Effective Method For Control
Automobile Noise- An Effective Method For Control
University of Richmond Law Review
The automobile as a contributing factor to air pollution has in recent years received widespread attention. Deserving of similar attention is the automobile's contribution to another increasing environmental problem, "noise pollution."
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Taxation- Deductibility Of Contributions To Segregated Private School
Taxation- Deductibility Of Contributions To Segregated Private School
University of Richmond Law Review
Brown v. Board of Education set the stage for an extensive series of activities designed to circumvent the Court's intention to abolish segregated public education. However legally futile many of these endeavors have become, there remains one instrument of education over which the fourteenth amendment is powerless: the private school. Since tuition alone inevitably fails to generate sufficient revenue to fund the necessary expenses of construction and operation, private charitable contributions are needed, and are encouraged by their deductibility for federal income, as well as estate and gift tax purposes.
Blood Grouping Tests And The Presumption Of Legitimacy
Blood Grouping Tests And The Presumption Of Legitimacy
University of Richmond Law Review
This comment deals briefly with the presumption that a child born to a married couple is the legitimate issue of that marriage. The status of this presumption in Virginia is considered in light of the Virginia statute authorizing the use of blood grouping tests in certain cases where the paternity of a child born during wedlock is at issue. The constitutionality of such tests is not within the scope of this comment.
Law And Anarchy, Sidney Hook
Law And Anarchy, Sidney Hook
University of Richmond Law Review
I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
State Taxation Of Interstate Travel: Alternative Constitutional Limitations
University of Richmond Law Review
In today's context of expanded human mobility, an individual's right to travel from, through, or to any of the United States without state restriction on or regulation of his admission or departure enjoys well-settled constitutional protection originating from two distinct sources. The interstate transportation of persons is governed by the commerce clause under which state power to regulate and tax the admission and departure of interstate passengers is restricted, but not entirely forbidden.
Right To Court-Appointed Counsel For Misdemeanants In Virginia
Right To Court-Appointed Counsel For Misdemeanants In Virginia
University of Richmond Law Review
The Virginia Constitution makes no specific guarantee of the right to counsel for those charged with a crime as is provided in the federal Constitution, but the Supreme Court of Appeals has declared this to be a fundamental right within the Virginia Bill of Rights. Such right is intended to apply to all persons regardless of their financial status, so if a person charged with a felony proceeds in forma pauperis, it is the duty of the court to appoint counsel to defend him. The right to court-appointed counsel has been extended to persons being questioned concerning a felony, to …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster
Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster
University of Richmond Law Review
In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …
Parental Immunity- Its Effect On Vicarious Liability
Parental Immunity- Its Effect On Vicarious Liability
University of Richmond Law Review
Parental immunity prohibits a child from instituting a suit against his parent for a personal tort. However, when a child has sustained injury as a result of his parent's tortious act committed in the course of his employment, and the child seeks recovery against his parent's employer under the doctrine of respondeat superior, the majority of jurisdictions feel that this immunity is purely personal and should not be extended to the employer.
Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.
Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.
University of Richmond Law Review
The relationship between sociology and the lawhas not been a very stable one. It has barely passed from the stage of flirtation to that of courtship, though the dependence of each upon the other seems obvious enough to some scholars in each discipline. The two communities have long seemed content to live in symbiotic rather than commensal relations. There are a number of reasons why it is difficult to consummate a stable marriage at this time, if not in the long run.
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
Liability Of Landlord For Personal Injury Due To Inadequate Or Lack Of Lighting In Common Areas
University of Richmond Law Review
When a landlord leases a part of the premises to individual tenants, as in an apartment building, he necessarily retains control over areas used in common and must exercise ordinary care to keep these areas in a reasonably safe condition.' This duty arises because common areas are part of the estate reserved by the landlord for the use and benefit of all the tenants. The responsibility of the lessor extends to the lessee, members of the lessee's family, and all persons on the premises at the invitation of the lessee, whether the invitation be express or implied.
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch
University of Richmond Law Review
The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …
Recent Decisions
University of Richmond Law Review
This is a summary of the case law that was decided in 1970.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for the 1970 University of Richmond Law Review.
Foreword
University of Richmond Law Review
The Review hails the entrance of the T.C. Williams School of Law into its second century of educative endeavor, and commends to its readership the awareness of the need for socio-legal interaction. That the law constitutes a significant regulator of interpersonal behavior is unquestionable. It is to be hoped, however, that our three interdisciplinary articles will help alleviate such jurisprudential myopia as might tend to overestimate the effectiveness of the law as an instrument of social control in the eyes of its disciples. In our changing society, the methodology and knowledge attributable to the social sciences must necessarily play an …
Civil Rights Act And Professionally Developed Ability Tests
Civil Rights Act And Professionally Developed Ability Tests
University of Richmond Law Review
With the shift in America from a mercantile to a highly industrialized society, the right to use his labor and skill has become a person's most valuable asset. The common law did little to preserve this asset, since an employer had the absolute right to discharge his employee at will. While the fifth and fourteenth amendments to the Constitution provided some relief in federal and state discriminatory practices, they offered little hope for those deprived of employment opportunities by the discriminatory acts of private individuals.
Updating Virginia's Probate Law, Thomas S. Word Jr.
Updating Virginia's Probate Law, Thomas S. Word Jr.
University of Richmond Law Review
The estate of the average Virginian today is much more complex and diversified than the estate of the nineteenth century Virginia citizen, and consequently, problems of modem probate have become increasingly complicated. In 1870 the typical Virginian farmed, and land was the chief measure of his wealth. The farm, livestock, and household furnishings were normally the extent of his estate. Income and death taxes were unknown, and trusts were rare.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore
A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore
University of Richmond Law Review
The laws of the several states, except where the Constitution or Treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply." ' So states the commandment by the Congress of the United States which gov- erns the applicability of state law in all federal civil actions wherein jurisdiction is founded upon diversity of citizenship.
The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston
The Quest For Balance In Bail: The New South Wales Experience, R.P. Roulston
University of Richmond Law Review
The right to bail is as old as the law of England itself and it is, as Lord Devlin has remarked, "indeed curious that fundamental questions concerning it have never been settled. The system so far has worked satisfactorily without providing any occasion for their resolution."
The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner
The Silent Doctors- The Conspiracy Of Silence, Joseph Kelner
University of Richmond Law Review
Medical malpractice and malpractice lawsuits are on the rise. Perhaps the main reason is that less than 300,000 active doctors are caring for over 200 million Americans-about one doctor for every 700 citizens. This is a dangerous shortage of doctors-a pressure cooker of overworked physicians, high caseloads, short-cut precautions, and substandard treatment.
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
Prospectivity And Retroactivity Of Supreme Court Constitutional Interpretations
University of Richmond Law Review
The freedom of a court, state or federal, to define the limits of ad- herence to precedent has been sanctioned by the Supreme Court in both civil' and criminal cases. Accordingly, any decision can be made to apply to future cases or relate back to all past cases. In no other area of the law is such a decision more important than in the field of criminal procedure where the freedom of a convicted man can rest upon a decision to apply a new "rule" retroactively or prospectively. It is not surprising, therefore, that the majority of retroactivity cases involve …
Psychology And The Criminal Law, Paul E. Meehl
Psychology And The Criminal Law, Paul E. Meehl
University of Richmond Law Review
The two opposite errors a lawyer may make in evaluating the social scientist's contribution to law are to be overly critical and hostile, or to be unduly impressed and uncritically receptive. I have seen examples of both mistakes. The extreme form of the first attitude is shown by the lawyer who frankly believes that psychology, psychiatry, and sociology are mostly "baloney," pretentious disciplines which have abandoned common-sense knowledge of human life but whose claim to have substituted scientific knowledge is spurious. I would like to believe that this hostile attitude is always based upon misinformation or ignorance; but unfortunately, if …
Recent Legislation
University of Richmond Law Review
This is a list of the recent legislation from 1970.