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Articles 1 - 30 of 37
Full-Text Articles in Law
Criminal Law-Evidence--Confession To Polygraph Operator Prior To Actual Test Held Admissible
Criminal Law-Evidence--Confession To Polygraph Operator Prior To Actual Test Held Admissible
University of Richmond Law Review
Rules of evidence governing the admissibility of confessions have devel- oped gradually throughout the history of Anglo-American jurisprudence. Initially any confession was admissible regardless of the methods by which it was obtained. The basic consideration was that the evidence admitted be truthful and reliable. To protect the integrity of judicial proceedings, safeguards were later developed to insure the reliability of confessions by a determination of the voluntariness with which they were given. Courts have struggled with the problem of formulating a workable definition of voluntariness and have not yet developed a uniform substantive test.
Family Law-Putative Father Denied Custody Under Restrictive Interpretation Of His Rights
Family Law-Putative Father Denied Custody Under Restrictive Interpretation Of His Rights
University of Richmond Law Review
Under the common law, the illegitimate child was deemed nullius filius, no man's son. However, our courts have gradually granted the illegitimate substantially the same rights as those afforded the legitimate child. Unlike the child, the putative father, who originally was free from any obligation to his offspring, has encountered the same duties as the father of a legitimate child notwithstanding the fact that he is afforded few of the parental rights.
Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue
University of Richmond Law Review
In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.
Book Review- The Appearance Of Justice, Serving Justice, William K. Slate Ii, W. Gibson Harris
Book Review- The Appearance Of Justice, Serving Justice, William K. Slate Ii, W. Gibson Harris
University of Richmond Law Review
These are book review from the 1975 Law Review.
Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings
University of Richmond Law Review
Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …
Constitutional Law-Equal Protection-Reimbursement Of Appointed Counsel Fees As A Condition Of Probation Held Not Violative Of The Equal Protection Clause
University of Richmond Law Review
Every defendant facing criminal prosecution that may result in imprisonment is guaranteed the right to counsel. The Supreme Court has required appointed counsel for indigents in widening classes of cases and at different stages of prosecution. This trend has increased the burden on public revenues, and many states, in an effort to recover some of the costs, have enacted recoupment statutes. Several state courts have expressed unfavorable opinions as to the constitutionality of these statutes. The first Supreme Court decision to focus on a state recoupment statute struck it down as violative of the equal protection clause.
Proposed Legislation- Criminal Law-Proposed Revisions Of Title 18.1- Designation Of Punishment And Capital Punishment (Senate Bill No. 56)
University of Richmond Law Review
The Virginia General Assembly, during a Special Session in 1971, directed the Virginia Code Commission to revise Title 18.1, Crimes and Offenses Generally, of the Code of Virginia. Senate Bill No. 562 was adopted in essentially the same form as the Code Commission's revisions, however, due to the lack of time, the bill was carried over until the next session. This article will analyze several areas contained in Senate Bill No. 56: Designation of Punishment and Capital Punishment.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Civil Rights-Corporate Directors Held Personally Liable For Intentional Racial Discrimination Despite Due Diligence To Know The Law
University of Richmond Law Review
In 1968, the Supreme Court resurrected section 1 of the Civil Rights Act of 1866 [now 42 U.S.C. §§ 19812 and 19823 (1970)] and held that section 1982 prohibits private as well as public racial discrimination in the sale or rental of property. The question of whether damages are recoverable for violations of section 1982 was then left undecided but was subsequently answered in the affirmative. A similar cause of action has been recognized under section 1981 to compensate for private racial discrimination in the formulation and enforcement of contracts. The issue presented in Tillman v. Wheaton-Haven Recreation Association was …
A Practitioner's Guide To The Federal Rules Of Evidence
A Practitioner's Guide To The Federal Rules Of Evidence
University of Richmond Law Review
On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …
Antitrust Law-Bar Associations' Minimum Fee Schedules Held Not To Violate The Sherman Antitrust Act
Antitrust Law-Bar Associations' Minimum Fee Schedules Held Not To Violate The Sherman Antitrust Act
University of Richmond Law Review
The Sherman Antitrust Act attempted to eliminate all price fixing and to establish free competition as the cornerstone of this nation's economic policy. Nevertheless, Congress soon excluded farm and labor organizations from the Act's operation, and judicially created exclusions were established, such as the state action exemption and the learned profession exemption. Today antitrust exemptions are numerous6 and involve a considerable portion of the economy.
Yes Virginia-There Is A Torrens Act
Yes Virginia-There Is A Torrens Act
University of Richmond Law Review
The Torrens law is perhaps the most advantageous yet most infrequently used method of land conveyancing in the United States. This unique system of land registration is the present terminus in the long and ancient history of land conveyancing. Inthe earliest period of land transfers, the method of proving ownership was by actual occupancy. As society became more complex and the need for some formal ratification of owner- ship increased, the ceremony of livery of seisin became the prevalent method of conveying title to land. Later, as the number of land transfers proliferated, a written instrument detailing the history of …
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle
University of Richmond Law Review
Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.
Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession
University of Richmond Law Review
The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.
Constitutional Law-Due Process-Ex Parte Seizure Of Secured Property Under Judicial Supervision Held Not To Violate Due Process
University of Richmond Law Review
Summary creditor remedies have come under increasing attack in recent years. The major question has been whether prejudgment seizures of secured property comport with procedural due process. The United States Supreme Court, in Fuentes v. Shevin, had apparently settled the question by holding that procedural due process requires notice to the debtor and an opportunity to be heard before a state authorizes its agents to seize property from him on the application of another.
Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare
Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare
University of Richmond Law Review
The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
Law Review Index for the 1974-1975 Issue.
The Emergency Exception To The Fourth Amendment, Ronald J. Bacigal
The Emergency Exception To The Fourth Amendment, Ronald J. Bacigal
University of Richmond Law Review
Although an emergency or exigent circumstance is frequently cited as one justification for a search without a warrant,' "the contours of this exception have not developed and. . . [the Supreme Court] .. .has never pinned it down to a workable and effective meaning. Some of the ambiguity surrounding the emergency exception is attributable to the use of the single term "emergency" to embody several distinct concepts. An emergency can be defined broadly as the basic justification for all warrantless searches, or it may refer to a single type of warrantless search separate and distinct from other recognized warrantless searches. …
State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin
State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin
University of Richmond Law Review
Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …
Recent Legislation- Tort Law
University of Richmond Law Review
This is a summary of the recent legislation from 1975.
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.
University of Richmond Law Review
At first blush this would appear a reactionary, unthinkable concept, an invitation to chaos. A legislator in Virginia who proposed such a change might well be shuttled home for a "much needed rest." Yet, this idea does have its outspoken proponents who are well recognized in the field of land use. One of the more notable is Mr. Bernard H. Siegan, who has expressed the opinion that urban planning can often be best served by eliminating zoning laws and permitting the market to totally dictate the course of development in a particular area. Mr. Siegan holds strongly to the view …
Federal Jurisdiction-Incidental Use Of Facilities In Interstate Commerce Held Sufficient To Invoke Travel Act
University of Richmond Law Review
18 U.S.C. § 1952, commonly known as the Travel Act, prohibits travel or the use of facilities in interstate commerce in aid of racketeering. An examination of the statute's history shows that it was passed to enable federal prosecution of those who remained immune from state prosecution by residing outside the state wherein the illegality transpired. However, the Act's scope is not limited to this target, and prosecution is permitted for the same offense under applicable state law. The statute, which has withstood several constitutional attacks,' was designed to assist the states in controlling criminality crossing state boundaries.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler
Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler
University of Richmond Law Review
Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.
Virginia Law Of Interest And Usury, John W. Edmonds Iii
Virginia Law Of Interest And Usury, John W. Edmonds Iii
University of Richmond Law Review
The concept of a limitation upon the charges that may be imposed for the hire of money is hardly modem. Although it may not be the oldest usury law, a reference to Deuteronomy should suffice: "Unto a stranger thou mayest lend upon usury; but unto thy brother thou shall not lend upon usury."
Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment
University of Richmond Law Review
An indigent defendant in a state criminal prosecution is guaranteed the right to appointed counsel. The boundaries of this right, however, have yet to be fully developed. For instance, the right to counsel on appeal has developed in stages. Initially, the indigent criminal defendant successfully attacked state statutes establishing filing fees or other financial prerequisites which denied him access to the appellate level. Soon the Supreme Court clarified its position on such discriminatory statutes by specifically extending the right to proceed in forma pauperisto discretionary appeals. The indigent attempted to extend the Court's reasoning in the filing fee cases to …
Preferential Land Assessment In Virginia, Eric E. Adamson
Preferential Land Assessment In Virginia, Eric E. Adamson
University of Richmond Law Review
The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.
Land Use Law In Virginia
University of Richmond Law Review
In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …
Constitutional Law-Double Jeopardy-Misdemeanor Conviction At Preliminary Hearing Held A Bar Ta Subsequent Felony Prosecution Upon Double Jeopardy Principlus
University of Richmond Law Review
The Virginia Constitution provides: "That in criminal prosecutions a man . . . shall not . . . be put twice in jeopardy for the same offense." This prohibition against double jeopardy is also embodied in the United States Constitution, as well as having been established at common law. However, what constitutes the same offense has proven to be a source of difficulty when applied to a particular case.
Constitutional Law-Termination Of Utility Services For Nonpayment Of Bill Without A Hearing Does Not Violate Due Process Clause Of Fourteenth Amendment
University of Richmond Law Review
Present governmental regulation of public utilities can be traced back to early English common law which imposed duties and obligations upon those who performed vital public services. Two theories justified the imposition of these controls. The first focused on the monopoly status of the regulated business, while the second relied on the "public calling" aspect of the enterprise. Today under the judicial power almost every state has a public utility commission which imposes a wide range of controls over the production and delivery of utility services. This can have far-reaching consequences because the due process clause of the fourteenth amendment …