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Articles 1 - 13 of 13
Full-Text Articles in Law
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill
Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill
Law Faculty Publications
The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
Law Faculty Publications
The year 1983 was an active one for administrative law reform in Virginia. The Governor's Regulatory Reform Advisory Board completed its first full year of studying the state administrative process in Virginia, developing proposals for its improvement and drafting enabling legislation. The Board received a wide variety of suggestions from state employees, businesses, and the public at large in open hearings and through private correspondence. The result was the Board's first annual report, containing a series of proposed legislative reforms. The common thread of these reforms was an increased public involvement in bureaucratic decision-making creating broadly applicable regulations with the …
Procedures For Terminating Small Trusts, J. Rodney Johnson
Procedures For Terminating Small Trusts, J. Rodney Johnson
Law Faculty Publications
Trusts sometimes become too small for effective administration. This article discusses various provisions-statutory, common law, and drafting for terminating them. I.
A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen
A Review Of Federal Court Decisions Under Title Vii Of The Civil Rights Act Of 1964, Mary L. Heen
Law Faculty Publications
Fifteen essays examine the highly emotional debate, considering discussions by unions, state legislatures, and the courts.
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Drafting Cohabitation, Antenuptial, And Reconciliation Agreements, Peter N. Swisher
Law Faculty Publications
No abstract provided.
Legal Growth Through Evolution: Comment On Puritan Revolution And English Law, William Hamilton Bryson
Legal Growth Through Evolution: Comment On Puritan Revolution And English Law, William Hamilton Bryson
Law Faculty Publications
Professor Harold Berman has presented the fascinating thesis that a people's religion influences their laws and that the Puritan religious revolution of seventeenth century England introduced Calvinist ideas into Anglo-American jurisprudence. I fully agree with Professor Berman's observations that religious beliefs and a sense of moral obligation to others are some of the motivations of, or at least influences upon, legal growth. Economic aggrandizement is not the only motivation of the human race. Religion has had a direct effect upon social and political institutions.
The Use Of Roman Law In Virginia Courts, William Hamilton Bryson
The Use Of Roman Law In Virginia Courts, William Hamilton Bryson
Law Faculty Publications
By statute, the courts of Virginia are required to decide cases according to the principles of the English common law. However, they are not forbidden to resort to any other legal system where the common law of England is silent. Moreover, when the English courts themselves have no English law on a particular point, they often look to the Roman law in its ancient or its current form for guidance. Therefore, it is not unreasonable for Virginia courts to do likewise, and in the eighteenth and nineteenth centuries, in fact, they did. The purpose of this essay is to consider …
The Virginia Bar, 1870-1900, William Hamilton Bryson
The Virginia Bar, 1870-1900, William Hamilton Bryson
Law Faculty Publications
An essay on the Virginia bar from 1870 to 1900 rnust begin with a definition of a Virginia attorney-at-law. In 1870 and for the next twenty-five years, a Virginia lawyer was "any person" over the age of twenty-one of "honest demeanor" who had been examined for fitness and licensed to practice law by any two judges of Virginia courts of record. Having been licensed, each attorney must have then "qualified" to practice in each court in which he wished to appear. This was done by swearing in that court to demean himself honestly in the practice of law and to …
Interspousal Property Rights At Death (You Can't Take It With You, But You Can Prevent Your Spouse From Getting Any Of It.), J. Rodney Johnson
Interspousal Property Rights At Death (You Can't Take It With You, But You Can Prevent Your Spouse From Getting Any Of It.), J. Rodney Johnson
Law Faculty Publications
One of the major issues in Virginia law during the past decade has been the matter of property rights upon the termination of a marriage by divorce. Now that the concept of equitable distribution has been introduced into Virginia law in order to bring about a greater degree of fairness into this area, it is time to direct the focus of law reform to a parallel issue interspousal property rights when a marriage is terminated by death. The importance of this issue to large numbers of Virginians is obvious when one stops to realize that, notwithstanding the dismal statistics on …
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
Virginia Tax Laws Affecting Churches, J. Rodney Johnson
Law Faculty Publications
This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …
Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch
Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
On a number of issues arising under the Uniform Commercial Code (U.C.C. or Code), the courts have reached conflicting results, yet the number of jurisdictions passing on each such issue remains small. There is still time, then, for discussion of proper solutions of many of such Code issues. Of interest is the continuing judicial struggle with the intermesh of the Code's warranty provisions, the strict liability provisions of the Restatement Second of Torts, section 402A, and the burgeoning new crop of products liability statutes. The trend toward nuclear and computer problems is reflected in cases involving construction of nuclear plants, …
The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch
The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch
Law Faculty Publications
The coexistence of secured and unsecured creditors leads inevitably to conflicts between the two. How these conflicts are resolved depends to a great extent on the context in which they arise. It is not the purpose of this Article to examine the ways in which these conflicting interests are handled in insolvency proceedings, whether common law or statutory. Instead, its focus will be on the clash which occurs when an unsecured creditor armed with a judgment attempts to satisfy that judgment by resort to property of the debtor which is already subject to a perfected security interest. Assuming the priority …
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Hearings On Jury Bias Or Misconduct, Ronald J. Bacigal
Law Faculty Publications
In the recent cases of Smith v. Phillips, and Rushen v. Spain, the United States Supreme Court recognized that judicial review of ex parte contacts with a sitting jury may raise a number of separate but interrelated constitutional rights: (1) the right to an impartial jury; (2) the right to a due process post-trial hearing on jury bias; (3) a possible due process right to a mid-trial hearing on jury bias; (4) the defendant's right to be present at such mid· trial hearings; and (5) the right to be represented at such mid-trial hearings. As Justice Stevens noted in his …