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Articles 1 - 15 of 15
Full-Text Articles in Law
Property, W. Wade Berryhill
Property, W. Wade Berryhill
Law Faculty Publications
The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and …
Sex Discrimination In Pension And Retirement Annuity Plans After Arizona Governing Committee V. Norris: Recognizing And Remedying Employer Non-Compliance, Mary L. Heen
Law Faculty Publications
This article is intended to help employees and practitioners determine whether an employer's pension or annuity plan violates Title VII, and if so, to identify the scope of relief which may be obtained. Part I discusses the Supreme Court's decision in Arizona Governing Committee v. Norris. Part II discusses the various types of pension and retirement plans, and describes how to identify sex discrimination in typical plans. Part ill briefly addresses the more difficult question of how to remedy employer non-compliance, and discusses the relief issues raised by both retirees and present employees (with reagard to benefits based on post-Norris …
Criminal Procedure, Ronald J. Bacigal
Criminal Procedure, Ronald J. Bacigal
Law Faculty Publications
This survey addresses only significant Virginia cases and statutes affecting Virginia criminal procedure. For discussion of the impact of federal court decisions, see R. Bacigal, Virginia Criminal Procedure (Supp. 1985).
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal
Law Faculty Publications
This Article will demonstrate that a search pursuant to a properly issued warrant may trigger application of the exclusionary rule if: (1) there is police bad faith in delaying execution of the warrant, and (2) such bad faith results in additional intrusions upon individual privacy. Although this Article is limited to a consideration of bad faith in delaying the execution of search warrants, the discussion points the way to application of the concept of bad faith to all aspects of fourth amendment jurisprudence.
Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones
Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones
Law Faculty Publications
Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …
The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy
The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy
Law Faculty Publications
Although the European Economic Communities more frequently are taking what appear to be institutional positions on foreign policy and political issues of grave concern to the world community, it is not inappropriate for them to do so. The longterm goals of the Communities in part are political, as expressed in the Treaty of Rome. In the preamble to the Treaty the signatories state that they are "[d]etermined to lay the foundations of an even closer union among the European peoples." Article 2 provides, in part, that one of the tasks of the Common Market is to promote "closer relations between …
James Martin: Friend And Co-Author, David G. Epstein
James Martin: Friend And Co-Author, David G. Epstein
Law Faculty Publications
Jim Martin was a friend. Friends meant a lot to Jim. Being Jim's friend meant that at the end of your first week as a Visiting Assistant Professor at the University of Michigan Law School, Jim insisted that you come to his home for a gourmet dinner, even though it was below zero outside and Jim had never cooked anything more ambitious than microwave cuisine. Being Jim's friend meant that he pushed for your appointment to the Michigan law faculty, even though the appointment would probably result in your taking his commercial law courses. Being Jim's friend meant that he …
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein
Law Faculty Publications
This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch
Law Faculty Publications
As in the past, there were no significant developments or trends in the few decisions on conflict of laws points. The text of U.C.C. section 1-105, the Code's general choice-of-law provision, speaks comprehensively of "the transaction." Yet recent cases and a draft of the proposed Personal Property Leasing Act take an issue-oriented approach, thus giving the parties greater freedom to specify choice of law. Following the formulation in section 187 of the Restatement (Second) of the Conflict of Laws, the draft Leasing Act supports party choice in the absence of some significant forum policy that requires overriding that choice. In …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson
Law Faculty Publications
The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous code sections, they will be ref erred to in the …
Rights Of Creditors To Reach Assets Of A Revocable Trust After The Death Of The Grantor - The Missouri Approach, J. Rodney Johnson
Rights Of Creditors To Reach Assets Of A Revocable Trust After The Death Of The Grantor - The Missouri Approach, J. Rodney Johnson
Law Faculty Publications
The question whether creditors of a decedent's estate can reach the assets of an inter vivas trust is difficult. This article discusses the answers reached in various situations, and also a recent Missouri statute that allows the trustee to limit the time for creditors' claims.
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson
Law Faculty Publications
This article considers recent statutes and case law in the field of Virginia civil procedure and practice. Since it has been several years since the last similar effort was published, this essay will take notice of the developments which have taken place from 1983 to May 1985. Much of the case law to be mentioned is pre-1983 trial court material, but since it was only recently published, it will be useful to have it included here. This is especially so since most points of civil procedure and practice, being harmless error, are not often considered by the Virginia Supreme Court …
U.C.C. Section 9-315: A Historical And Modern Perspective, David Frisch
U.C.C. Section 9-315: A Historical And Modern Perspective, David Frisch
Law Faculty Publications
Once an appreciation of section 9-315's intended breadth is triggered, however, troublesome questions arise regarding its application. Because these questions are not answered in section 9-315 itself, this section must be analyzed in light of its common law origins and the general policies of Article 9. Part I of this Article therefore examines the historical origins of section 9-315 through a discussion of the common law doctrines of accession, specification, and confusion-property doctrines firmly rooted in civil and common law that retain a surprising vitality under the Code. Part II explores the drafting history of section 9-315, noting trends in …
English Common Law In Virgina, William Hamilton Bryson
English Common Law In Virgina, William Hamilton Bryson
Law Faculty Publications
By statute the common law of England is the basis of the common law of modern Virginia. This reception statute refers to the customary, unwritten law of the kingdom of England, but only that part which was general and common to all parts of England. That the English common law is the foundation of the law of Virginia is a matter not merely of a modern statute but also of history and reason.
The New Virginia Stock Corporation Act: A Primer, Daniel T. Murphy
The New Virginia Stock Corporation Act: A Primer, Daniel T. Murphy
Law Faculty Publications
During its 1985 session, the Virginia General Assembly enacted a new stock corporation statute for Virginia ("Revised Statute"). The new statute became effective January 1, 1986. The Revised Statute represents a complete revision of the Virginia corporation statute and is the result of a thorough review of prior law. This article will discuss some of the significant changes in Virginia corporate law effected by the Revised Statute and will offer some guidelines for the interpretation and application of its provisions.