Law Commons^™

A Tribute To Malcolm Ray Doubles, Ronald J. Bacigal

Law Faculty Publications

The University of Richmond Law Review respectfully dedicates this issue to the memory of Malcolm Ray Doubles, 1900-1987. Judge Doubles earned his B.S. degree at Davidson College and his law degree at the T.C. Williams School of Law. He practiced with the Richmond law firm of Carter, Crawford and Redd before leaving to become a full-time law professor at the T.C. Williams School of Law. He served as dean of the law school from 1930 to 1947 and from 1971 to 1972, and as Judge of the Hustings Court of Richmond from 1947 to 1965. The pages that follow serve …

Property, W. Wade Berryhill

Law Faculty Publications

This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.

Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal

Law Faculty Publications

A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. …

A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

Judge Robert R. Merhige, Jr. assumed the office of federal district judge for the Eastern District of Virginia in August of 1967. Upon discovering that federal judges had lifetime tenure, Merhige's father advised: "Take the job. You'll live forever." Neither the elder Merhige nor any observer could have foreseen the turbulence that would engulf Judge Merhige's life on the bench. Two weeks after his appointment, Merhige was faced with government efforts to silence militant black leader H. Rap Brown. Soon thereafter Merhige confronted numerous civil rights and anti-war issues, gaining some immediate notoriety as the first federal judge to declare …

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch

Law Faculty Publications

This Article attempts two different but complementary tasks. First, it offers an answer to the "by no means academic question" asked above. In so doing, the Article considers Code rules that affect the buyer-seller relationship and those that impact on the interests of third parties. The conclusion reached is that buyer status occurs at the moment the purchaser obtains the remedial right to the goods vis-a-vis the seller. In most instances, therefore, buyer status will inevitably coincide with the moment the remedy of specific performance or, in some cases, replevin becomes available to the buyer. The Article's second purpose is …

Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl W. Tobias

Law Faculty Publications

During the 1980s Alternative Dispute Resolution (ADR) has come of age. Much experimentation with consensual decisional processes has been conducted in the context of federal administrative agency proceedings. The Administrative Conference of the United States (ACUS) has stamped its imprimatur on the concept of ADR, the Environmental Protection Agency has negotiated successfully several rulemakings, and a plethora of additional agencies have implemented, are experimenting with, or are contemplating the application of, consensual decisional processes. The efficacy of ADR remains controversial and debate continues over how best to implement consensual procedures, while much agency experimentation has proceeded slowly by trial and …

Administrative Procedure (Annual Survey Of Virginia Law, 1987), John Paul Jones

Law Faculty Publications

After three years of working major changes to the Virginia Administrative Process Act (VAPA), the General Assembly paid scant attention to the Commonwealth's fundamental law of administrative procedure in 1987. During its most recent session, the legislature produced only three amendments to VAPA, inserting a regulation severability provision, modifying VAPA's impact on Voluntary Formulary changes, and narrowing the exemption enjoyed by the Virginia Marine Resources Commission. In two other statutory changes affecting administrative procedure, the General Assembly expressly provided for agency subdelegation and specified the method for computing time for a rule of court. While severability has evolved into an …

An Introduction To Legal Reasoning, Writing, And Research Techniques; And Trial Preparation And Appellate Advocacy, Peter N. Swisher

Law Faculty Publications

No abstract provided.

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

Equity And Equitable Remedies, William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial system : studies of the principal institutions and process of law.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1986-87), J. Rodney Johnson

Law Faculty Publications

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. 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 text by their section numbers …

Manipulation Of Futures Markets: Redefining The Offense, Wendy Collins Perdue

Law Faculty Publications

Historically, one of the most common charges raised against the futures market has been that of market manipulation. It would seem that whenever the public perceives prices as being too high or too low, someone will allege that the price is the result of manipulation. Despite the ease and frequency with which critics have leveled such charges and the fact that federal law has prohibited "manipulation" for over 65 years, a satisfactory definition of manipulation has yet to emerge.

This Article offers a fresh approach to defining manipulation. Rather than asking a court to determine whether a price is "artificial" …

Rule 19 And The Public Rights Exception To Party Joinder, Carl W. Tobias

Law Faculty Publications

The increasing number of "public interest" lawsuits suggests that federal courts increasingly will confront difficult party joinder questions posed by such litigation. These problems arise because entities not involved in the litigation may have interests that may be adversely affected by the litigation. The joinder issue presented by such cases is whether rule 19 of the Federal Rules of Civil Procedure requires that the suit be dismissed or whether the litigation can continue without joinder of the absent entities. Numerous courts have dealt with the question by creating a 'public rights exception," which permits the litigation to continue even without …

Diné Bibee Haz' Áanii: An Analysis Of The Navajo Political System, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The Diné (Navajo) people have a representative/legislative form of government modeled loosely after the American system. The present governmental structure, established in 1938 by the Secretary of Interior, is outlined in the Navajo Tribal Code. This article encompasses the background of the Code, describes the efforts of tribal and federal officials to enact a tribal constitution, and discusses the key functions of government: legislative, executive and judicial. It also examines the various subunits of government operating within the reservation. Finally, it contains recommendations that, if enacted, could strengthen and legitimize Navajo government.