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Articles 1 - 30 of 52
Full-Text Articles in Law
Foreword, Harris L. Kay
Foreword, Harris L. Kay
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the third annual Allen Chair Symposium issue. This special is- sue is intended as the literary culmination of the efforts of national legal scholars and students alike during the 1995 Allen Chair Symposium at the T.C. Williams School of Law. Each Spring, the Law School hosts the symposium, which is endowed to focus on and advance discourse in legal issues of national and international interest.
Estate Creditors, The Constitution, And The Uniform Probate Code, Sarajane Love
Estate Creditors, The Constitution, And The Uniform Probate Code, Sarajane Love
University of Richmond Law Review
The United States Supreme Court's decision in Tulsa Professional Collection Services, Inc. v. Pope caused the usually staid legal enclave of estate administration to sit alert. The Court declared unconstitutional an Oklahoma statute that barred creditors of decedents from filing claims against the decedents' estates two months after published notice of the commencement of probate proceedings. The statute violated the due process rights of known and reasonably ascertainable creditors because it did not require a better form of notice to them. In failing to require actual notice to known creditors, the statute was not drastically atypical of other statutes regulating …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Dominant Society's Judicial Reluctance To Allow Tribal Civil Law To Apply To Non-Indians: Reservation Diminishment, Modern Demography And The Indian Civil Rights Act, Robert Laurence
University of Richmond Law Review
Begin at the beginning: there was a time, not so long ago as such things are reckoned-say, about half as long as there has been a country called Hungary-during which only American Indians lived in and around what is now the Commonwealth of Virginia. A time when Europeans, Africans and Asians were entirely occupied with managing the affairs of Europe, Africa and Asia, to mixed effect. A time when the subject of this article was entirely theoretical; when the question of applying tribal law to non-Indians was answered neither "yes" or "no" but simply did not arise, putting aside the …
A Dialogue On Design, William A. Mcdonough
A Dialogue On Design, William A. Mcdonough
University of Richmond Law Review
This is an interview in the Allen Chair Symposium.
Foreword, Brett P. Ferenchak
Foreword, Brett P. Ferenchak
University of Richmond Law Review
The University of Richmond Law Review is pleased to present its twelfth Annual Survey of Virginia Law. Since its inception in 1985, the Annual Survey has been dedicated to providing the Virginia practitioner with a reliable resource for judicial, legislative, and administrative developments in the Commonwealth. Although each article focuses on developments in Virginia law, federal developments affecting the Virginia practitioner are also covered. The reader may notice that this year's Annual Survey was printed two months later than in past years. The Editorial Board made this change to allow for the printing of the updated Code of Virginia, permitting …
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill
University of Richmond Law Review
As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.
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 exceptionally important for children and young people caught up in the legal system, both nationally and in Virginia. Beginning with the decision of the Supreme Court of the United States in Vernonia School District v. Acton in June of 1995, the ensuing year has seen major shifts in the administration of juvenile justice, and in Virginia's approach to abused and neglected children. The passage of major juvenile justice reform legislation and child abuse legislation in Virginia at the 1996 General Assembly session exemplifies these changes occurring in both the society's and the legal system's approaches …
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.
University of Richmond Law Review
Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
This article discusses recent Virginia cases and legislative developments in the area of criminal law and procedure. The article discusses cases from April of 1995 to July of 1996 and legislative changes effective July 1, 1996. This article does not discuss federal developments. Nor does the article discuss death penalty issues, as that area of the law is sufficiently particularized that, for purposes of manageability, it falls outside the scope of this discussion.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Volume XXX of the University of Richmond Law Review.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
Fault: A Viable Means Of Re-Injuecting Responsibility In Marital Relations, Adriaen M. Morse Jr.
University of Richmond Law Review
The era of marital fault being the only grounds for divorce in the United States has passed, and its passing brings few tears to the eyes of most. As evidenced by the passage above, the airing of marital fault in open court, even in the days when such practices were the norm, at times shocked the sensibilities and conscience of those who had to listen to the evidence and then issue decisions based upon it.
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
The Twilight Of Land-Use Controls: A Paradigm Shift?, Charles M. Haar
University of Richmond Law Review
The subject chosen for this discussion is both timely and thought-provoking: the status and future of land-use regulations in the United States. In the hope of making the issues subsumed under this title as exciting to the general public as they are to the practitioners, Professor Michael Allan Wolf has taken the monumental Euclid decision of the United States Supreme Court in 1926 as the pivot of our deliberations. He has posed the question most dramatically with overtones of a swelling Wagnerian overture: "Is It The Twilight of Environmental and Land-Use Regulation?"
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
Novak V. Commonwealth: Are Virginia Courts Providing Special Protection To Virginia's Juvenile Defendants?, Ellen R. Fulmer
University of Richmond Law Review
On March 9, 1991, Shawn Paul Novak was charged with the murder of two young boys, Daniel Grier, age nine, and Christopher Weaver, age seven. The boys had disappeared on March 4 and their bodies were found the next day after an extensive search. The police inquiry into the murders led to the questioning of a number of people, including Shawn, then age sixteen. Shawn was questioned on four separate occasions. At no time prior to, during, or after any of these questioning sessions was Shawn read his Mirandawarnings which specify the rights to which he was entitled under the …
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart
University of Richmond Law Review
This article reviews some of the important developments in the area of domestic relations law between May 1995 and July 1996. Of particular significance were opinions by the Court of Appeals of Virginia regarding issues of imputed income, the definition of a "day" for shared custody purposes, and the role of marital fault in equitable distribution determinations. The majority of bills passed in the 1996 Session of the General Assembly simply fine-tuned existing law. However, notable statutory revisions were made in the areas of child support and domestic violence. Although the legislature replaced the term "spousal abuse" with "family abuse," …
What Congress Knows And Sometimes Doesn't Know, Muriel Morisey Spence
What Congress Knows And Sometimes Doesn't Know, Muriel Morisey Spence
University of Richmond Law Review
It is a striking feature of the legislative process that Congress is neither required to articulate reasons for its actions nor subject to constitutional challenge merely on the ground that its choices are uninformed. The Constitution contains a variety of procedural rules for enacting legislation. It also requires that statutes conform to a number of substantive requirements. But Congress has traditionally enjoyed wide latitude in deciding whether and to what extent it bases decisions on policy-relevant knowledge or articulates the factual foundations for its actions. Until recently, even when evaluating statutes under close judicial scrutiny, the Supreme Court has tended …
An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes
An Unsuccessful Attempt To Restore Justice George Sutherland's Tarnished Reputation: A Review Essay, Gary C. Leedes
University of Richmond Law Review
Justice George Sutherland (1862-1942) is the subject and hero of Professor Hadley Arkes's laudatory new biography. Arkes portrays Sutherland as a judge "who had found the ground of [his] jurisprudence in 'natural rights." Although history has not treated the Justice kindly, Arkes attempts to reverse history's verdict.
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
Daubert And The Quest For Value-Free "Scientific Knowledge" In The Courtroom, Alexander Morgan Capron
University of Richmond Law Review
In a world that grows more technologically complex every day and in which scientific research continually expands both our understanding of, and our questions about, the operation of the natural and man-made world, it is hardly surprising that science should show up with increasing frequency in our court-rooms. Science itself is sometimes at issue, for example, in proceedings on allegations of scientific misconduct or in disputes over the ownership or patentability of technologies. But more frequently, science enters in aid of resolving a case in which a complex question of causation is at issue. To establish or rebut causation, each …
Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher
Paying Physicians More To Do Less: Financial Incentives To Limit Care, David Orentlicher
University of Richmond Law Review
As the explosion in health care costs has led to serious ef- forts at cost containment, concerns have been raised that some of the methods used to contain costs may cause more harm than good. In particular, many commentators have criticized the practice of giving physicians personal financial incentives to limit the provision of care to their patients. These critics have argued that, if physicians are paid more to do less, patients will suffer harm from undertreated illness, and patient trust in the patient-physician relationship will be seriously compromised. Accordingly, it is argued, financial incentives for physicians to limit care …
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
The Legalization Of Physician-Assisted Suicide: Creating A Regulatory Potemkin Village, Daniel Callahan, Margot White
University of Richmond Law Review
Over the past two decades, both professional and lay opinion have shown a markedly favorable shift toward the legalization of euthanasia and physician-assisted suicide (PAS). Yet the translation of that support into legislation has come more slowly. Only in 1994, after the failure in some states to enact legislation and the defeat of ballot initiatives in California in 1991 and Washington in 1992, did an initiative finally succeed in Oregon. Although a court injunction has prevented it from taking effect, the fact of its passage marks an historical milestone. Among Western countries, euthanasia and PAS are legally available only in …
Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey
Medical Use Of Marijuana: Legal And Ethical Conflicts In The Patient/Physician Relationship, Matthew W. Grey
University of Richmond Law Review
Kenneth Jenks was born a hemophiliac, inheriting the condi- tion from his mother. He contracted the HIV virus from a blood transfusion in 1980 and unknowingly passed the virus to his wife, Barbara Jenks. Mrs. Jenks was the first to suffer the effects of the illness. Her weight dropped by nearly forty pounds in three weeks due to constant debilitating nausea, and she was repeatedly hospitalized for two- to three-week stretches. Mrs. Jenks tried a half-dozen different oral medications for nausea to no avail, and could not function after shots for nausea left her in a stupor. Mr. Jenks experienced …
Austin Owen Lecture: The National Export Strategy, Raymond E. Vickery Jr.
Austin Owen Lecture: The National Export Strategy, Raymond E. Vickery Jr.
University of Richmond Law Review
The Honorable Raymond E. Vickery, Jr., presented this address as The Fourth Annual Austin Owen Lecture on October 5, 1995. The Honorable Austin E. Owen attended Richmond College from 1946-47 and received his law degree from the T.C. Williams School of Law in 1950. During his distinguished career, Judge Owen served as the Assistant U.S. Attorney for the Eastern District of Virginia, was a partner in Owen, Guy, Rhodes, Betz, Smith and Dickerson and was appointed Judge of the Second Judicial Circuit of Virginia where he served until his retirement in 1990. In 1991, Judge Owen's daughter, Dr. Judith O. …
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke
Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke
University of Richmond Law Review
The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
The Parental Tort Immunity Doctrine: Is It A Defensible Defense?, Sandra L. Haley
University of Richmond Law Review
If the overriding purpose of tort law is to compensate those injured by the wrongdoing of another, then intrafamily tort immunities have historically defeated that purpose. Their effect is to leave an uncompensated injured party with no remedy simply by virtue of the tortfeasor's familial relationship to the injured person. This survey focuses on the doctrine of parental tort immunity and concludes that, although numerous exceptions exist, the rationales advanced for the doctrine's continued existence are of questionable relevance today.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall
Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall
University of Richmond Law Review
In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
Patient-Psychotherapist Privilege: Acces To Clinical Records In The Tangled Web Of Repressed Memory Litigation, Elizabeth F. Loftus, John R. Paddock, Thomas F. Guernsey
University of Richmond Law Review
The 1990s promise to be an era of mental health litigation whose outcomes that some predict will dwarf the settlements awarded recently in lawsuits over sexual improprieties between psychotherapists and their patients. One expert estimates that over 17,000 claims will be filed in the next decade, with litigation costs in excess of $250 million. These new cases emerged as therapy patients began to accuse fathers and mothers, uncles and grandfathers, former neighbors and teachers, psychotherapists and countless others of sexually abusing them years ago.
Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
Some Thoughts On Bifurcated Sentencing In Non-Capital Felony Cases In Virginia, Thomas D. Horne
University of Richmond Law Review
The punishment stage of a jury trial poses a difficult test for the conflicting attitudes and opinions of individual jurors. In the search for a mature, well-reasoned, and educated verdict, an understanding of the sentencing process by those controlling the flow of information is the best insurance against decisions which spring from passion, prejudice, and personal bias. Given recent legislative changes affecting sentencing in non-capital felony cases, such an understanding is not susceptible to hornbook solutions. This paper will attempt to put those changes in the context of existing sentencing practices and of related evidentiary issues. It is hoped that …
A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock
A Call For Public Participation In State Voluntary Remediation Programs: Strategies For Promoting Public Involvement Opportunities In Virginia, Stacie A. Craddock
University of Richmond Law Review
There is a growing environmental problem in the United States with contaminated property which is left abandoned or underused. These properties are commonly known as "brownfields."' The type or extent of the contamination may vary from site to site. The types of waste could include hazardous, solid, or petroleum waste components; and the extent of the contamination may be minimal, severe, or even unknown. In 1995, the Congressional Office of Technology Assessment reported that the number of sites that currently remain contaminated are estimated to range from "tens of thousands to 450,000 sites."
A Dedication To B.J. Brabham, Peter N. Swisher
A Dedication To B.J. Brabham, Peter N. Swisher
University of Richmond Law Review
The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor B.J. Brabham, 1930-1995. Professor Brabham was a member of the faculty ofthe TC.Williams School of Law from 1973 until 1992 and is remembered here by colleague Peter Swisher.