Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2003-2004), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2003-2004), J. Rodney Johnson
Law Faculty Publications
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2004 Session. In addition, there were four opinions from the Supreme Court of Virginia that raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
The Lost Original Meaning Of The Ninth Amendment, Kurt T. Lash
Law Faculty Publications
This article presents previously unrecognized evidence regarding the original meaning of the Ninth Amendment. Obscured by the contemporary assumption that the Ninth Amendment is about rights while the Tenth Amendment is about powers, the historical roots of the Ninth Amendment can be found in the state ratification convention demands for a constitutional amendment prohibiting the constructive enlargement of federal power. James Madison's initial draft of the Ninth Amendment expressly adopted the language suggested by the state conventions and he insisted the final draft expressed the same rule of construction desired by the states. In an episode previously unnoticed by scholars, …
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Brown And The Desegregation Of Virginia Law Schools, Carl W. Tobias
Law Faculty Publications
One-half century ago, the Supreme Court of the United States declared unconstitutional racially segregated public elementary and secondary schools in Brown v. Board of Education. The pathbreaking opinion culminated a three-decade effort that the National Association for the Advancement of Colored People ("NAACP") and the NAACP Legal Defense and Educational Fund ("LDF"), an independent litigating entity, had orchestrated. An important feature of the evolving NAACP and LDF tactical approach was to contest the segregation of government-sponsored professional and graduate education, particularly implicating law schools in jurisdictions bordering the South, namely Maryland, Missouri, Oklahoma, and Texas. These pioneering attorneys and the …