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Articles 31 - 52 of 52
Full-Text Articles in Law
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
The Earned Income Tax Credit As A Tax Expenditure: An Alternative To Traditional Welfare Reform, Timothy J. Eifler
University of Richmond Law Review
Welfare has become a common topic of concern recently as President Clinton and his political adversaries begin battle over the second major element of Clinton's agenda for reform. As a necessary corollary to, and a direct complement of the health care proposal, the welfare system presents the next area that requires reform for a truly effective agenda for change.
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
University of Richmond Law Review
During the First Congress' debate over the bill to establish the Treasury Department, James Madison described the principal responsibility of the Comptroller of the Treasury as "deciding upon the lawfulness and justice of claims and accounts subsisting between the United States and particular citizens: this partakes strongly of the judicial character, and there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive Branch of Government." With the passage of the Budget and Accounting Act of 1921, the General Accounting Office (GAO) was created and the responsibility to settle …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Once again this past year, the Fourth Circuit and the federal courts in Virginia proved inhospitable to antitrust plaintiffs. Plaintiffs consistently lost on summary judgment and only one plaintiff survived a motion to dismiss. The only major development in the law in the Fourth Circuit came from the Western District of Virginia where Judge James C. Turk refused to recognize the theory of monopoly leveraging under Section 2 of the Sherman Act.
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
Annual Survey Of Virginia Law: Charitable Immunity: What Price Hath Charity?, Barbara Ann Williams
University of Richmond Law Review
It is well settled in Virginia that charitable organizations are immune from liability arising from tort claims asserted by persons who accept the organizations' charitable benefits. The determination of whether a plaintiff is the beneficiary of charitable bounty is a legal issue for the court to decide. Although most older Virginia cases discuss charitable immunity as it applies to hospitals, the doctrine has been applied to many other types of charitable organizations.
Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.
Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.
University of Richmond Law Review
Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney.
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Ronald S. Evans, Deanna D. Cook
University of Richmond Law Review
The 1993 Virginia General Assembly enacted two bills to implement the Judicial Council's report to the Governor and General Assembly recommending the creation of a Family Court in Virginia. The Family Court was to be in effect January 1, 1995, provided that the 1994 legislative session passed the necessary funding and appropriation bills. The 1994 Session did not allocate funds; however, rather than allowing the Family Court project to lapse by inaction, the legislature delayed implementation of the court until July 1, 1996.
Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.
Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.
University of Richmond Law Review
This article addresses selected developments in environmental law occurring between the publication of the 1992 Annual Survey of Virginia Law1 and June 24, 1994. Due to significant federal litigation since publication of the 1992 Survey, this article places primary emphasis on those developments which most significantly affect potential liabilities under state and federal environmental laws. This article addresses developments in the federal and state legislative and regulatory schemes, and case law from Virginia state courts, the United States District Courts for the Eastern and Western Districts of Virginia, the United States Courts of Appeals for the District of Columbia and …
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
The past year has been another significant year for children and the legal system with the completion of the Virginia Commission on Youth's Serious Juvenile Offender study and the enactment of comprehensive legislation intended to implement the recommendations of that study as the General Assembly continues to focus on juvenile delinquency and school behaviors. The Governor and General Assembly failed to agree on a funding scheme for the Family Court, created in 1993, which consequently postponed the date for the Family Court's implementation from January 1, 1995 until July 1, 1996. Also, the past year experienced a series of different …
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1994 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 Supreme Court of Virginia opinions, one federal district court opinion, one Virginia Circuit Court opinion, and one Virginia Attorney General's opinion in the year ending June 1, 1994 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.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gina M. Burgin, L. Charles Long Jr.
University of Richmond Law Review
This article reviews some of the more significant cases and legislation affecting Virginia property law over the past year. The Virginia Supreme Court revisited a wide range of issues, including the level of visibility to which an adverse use must rise to establish title by adverse possession. The court also revisited the steps that a mechanic's lienor must take in order to protect his or her lien. Additionally, the court also explored some new issues, such as the applicability of the rule against perpetuities to a purchase option contained in a lease.
Considerations Of Legislative Fit Under Equal Protection, Substantive Due Process, And Free Speech Doctrine: Separating Questions Of Advancement, Relationship And Burden, R. Randall Kelso
University of Richmond Law Review
Whenever a court reviews legislation under an equal protection, substantive due process, or free speech analysis, the court considers whether the fit between the legislature's chosen means and intended ends is sufficient to pass constitutional muster. The Supreme Court analyzes these "fit" questions by considering the manner in which the statute achieves its benefits and burdens in terms of whom the statute regulates and whom the statute fails to regulate. Of course, these "fit" questions are different depending upon whether the Court uses minimum rationality review, "heightened" rational review, intermediate review, or strict scrutiny. But in all cases, the question …
The Public Pays, The Corporation Profits: The Emasculation Of The Public Purpose Doctrine And A Not-For-Profit Solution, Dale F. Rubin
The Public Pays, The Corporation Profits: The Emasculation Of The Public Purpose Doctrine And A Not-For-Profit Solution, Dale F. Rubin
University of Richmond Law Review
Massive subsidies by state and local governments to private corporations for the purpose of inducing such corporations to retain or locate facilities in their respective locales are attracting greater public scrutiny. Commentators are beginning to question whether the public entity receives benefits anywhere near the value of the subsidy. In Virginia, where Governor George Allen proposed giving the Walt Disney Corporation $163 million in subsidies to establish a theme park, the public responded with bumper stickers that read "Virginia Pays-Disney Profits."
"Speech Acts" And The First Amendment, Lawrence Friedman
"Speech Acts" And The First Amendment, Lawrence Friedman
University of Richmond Law Review
Of the 1989 student protests in Beijing's Tiananmen Square, one image lingers still: a lone figure standing motionless before a column of tanks, an extreme act of self-expression in defense of the right to express oneself. The makeshift Statue of Liberty erected by the students occupying the Square pointed to the country providing their inspiration. The foundations of that inspiration may in turn be traced to the handful of words---"Congress shall make no law...abridging the freedom of speech, or the press . . . "--which have become synonymous with American-style democracy.'
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
The Civil Rights Act Of 1991, Retroactivity, And Continuing Violations: The Effect Of Landgraf V. Usi Film Products And Rivers V. Roadway, Leonard Charles Presberg
University of Richmond Law Review
The Civil Rights Act of 1991 (the Act) made significant changes to the major employment discrimination statutes. In addition to restoring the law that was in effect prior to a number of Supreme Court decisions which eroded the civil rights statutes, the Act also added remedies that were omitted from previous legislation. One important area that was unclear at the time of the Act's passage was the issue of retroactivity. In light of the Act's unclear legislative history, ambiguous statutory language, and seemingly contradictory Supreme Court precedent, the Act's retroactive nature has been widely litigated and discussed.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
No abstract provided.
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
Human Rights And Peace-Keeping Operations, Diego Garcia-Sayan
University of Richmond Law Review
The purposes of the United Nations, as specified in Article 1 of the United Nations Charter, are to "maintain international peace," to promote and encourage "respect for human rights and for fundamental freedoms for all without distinction as to race, sex, language, or religion" and to "achieve international co-operation in solving international problems of an economic, social, cultural or humanitarian character."
The Democratic Entitlement, Thomas M. Franck
The Democratic Entitlement, Thomas M. Franck
University of Richmond Law Review
Elsewhere, writing in January, 1992, I indicated my belief that we are witnessing "the emergence of a community expectation: that those who seek the validation of their empowerment" must "patently govern with the consent of the governed. Democracy, thus, is on the way to becoming a global entitlement, one that increasingly will be promoted and protected by collective international processes.."
Subsidiarity And/Or Human Rights, Daniel T. Murphy
Subsidiarity And/Or Human Rights, Daniel T. Murphy
University of Richmond Law Review
The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.
America's Offshore Refugee Camps, Harold Hongju Koh
America's Offshore Refugee Camps, Harold Hongju Koh
University of Richmond Law Review
America's offshore refugee camps rank among the most startling, yet invisible, features of United States foreign policy in the post-Cold War era. Since 1991, our Government has almost continuously maintained tent cities holding thousands of men, women, and children, surrounded by rolls of razor-barbed wire, amid the sweltering heat of the U.S. Naval Base at Guantanamo Bay, Cuba, and the former Panama Canal Zone. Those incarcerated in the camps have witnessed birth and death, hope and despair, and untold waves of frustration and tedium.
Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite
Defender Or Offender: America's Role In The Protection Of International Human Rights?, Kimberly Satterwhite
University of Richmond Law Review
The recent caning of an eighteen year old American student by officials in Singapore sparked much debate over the appropriateness of corporal punishment in criminal cases. Many Americans question the humaneness of criminal penalties imposed in foreign lands. While quick to identify human rights violations around the world, the United States government has been reluctant to concede that abuses occur within the American-criminaljustice system.