Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (12)
- Criminal Procedure (4)
- Civil Rights and Discrimination (3)
- Property Law and Real Estate (3)
- Torts (3)
-
- Civil Procedure (2)
- Contracts (2)
- Courts (2)
- Education Law (2)
- Fourth Amendment (2)
- Privacy Law (2)
- State and Local Government Law (2)
- Supreme Court of the United States (2)
- Tax Law (2)
- Workers' Compensation Law (2)
- Administrative Law (1)
- Animal Law (1)
- Communications Law (1)
- Criminal Law (1)
- Dispute Resolution and Arbitration (1)
- Family Law (1)
- Juvenile Law (1)
- Labor and Employment Law (1)
- Legal Education (1)
- Legislation (1)
- Military, War, and Peace (1)
- Public Law and Legal Theory (1)
- Taxation-State and Local (1)
- Keyword
-
- Civil Rights Act (4)
- Schneckloth v. Bustamonte (3)
- Brown v. Commonwealth (2)
- Code of Virginia (2)
- Kaufman v. United States (2)
-
- Miranda v. Arizona (2)
- Recent Decisions (2)
- Washington Post (2)
- Weeks v. United States (2)
- ACE (1)
- Adams v. Clifford (1)
- Adams v. First National Bank (1)
- Aldhizer Commission (1)
- American Council on Education (1)
- American District Telegraph Co. v. Kittleson (1)
- Ancient Simplicity is Gone-Procedural Aspects of Relief from Taxes Administered by the Virginia Department of Taxation (1)
- Antonuk v. United States (1)
- Aragona Enterprises v. Miller (1)
- Articles (1)
- Ayala v. Philadelphia Board of Public Education (1)
- BFOQ (1)
- Baker v. Carr (1)
- Banzhaf v. Federal Communications Commission and United States (1)
- Barbour v. City of Roanoke (1)
- Bemis v. Whalen (1)
- Berman v. A. Werman & Sons (1)
- Bill of Rights (1)
- Bivens v. Six Unknown Named Agents (1)
- Black Lung Act (1)
- Blackstone (1)
Articles 1 - 30 of 43
Full-Text Articles in Law
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott
University of Richmond Law Review
The controversy over transporting pupils to desegregate schools or "busing" as the issue popularly is known, is the narrowest and perhaps most limited aspect of school desegregation. Yet, it threatens to undo school desegregation completely unless the issue is re- solved in a way which will permit continued desegregation of schools accompanied by the understanding and support of the majority of people of all races.
Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney
Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney
University of Richmond Law Review
On Thursday, September 20, 1973, from 9:00 p.m. to 11:15 p.m., the Columbia Broadcasting System presented "Bonnie and Clyde," a film featuring extraordinary portrayals of violence, including close-ups of participants being shot in the face. This movie was scheduled by CBS to counteract the highly publicized tennis match between Bobby Riggs and Billie Jean King being shown by the American Broadcasting Company. The following Saturday, during prime time, ABC aired "Rosemary's Baby," a horror film involving the possession of a pregnant woman by Mephistopheles leading to the birth of a devil. This program followed the children-oriented "Patridge Family" show. While …
Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause Of Fourteenth Amendment
University of Richmond Law Review
In the past the durational residence requirement has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. When coupled with an irrebuttable statutory presumption of non-residency as in Vlandis v. Kline, the durational residence requirement displays a further fourteenth amendment vulnerability-the contravention of procedural due process.
Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule
University of Richmond Law Review
The Rule against Perpetuities as originally developed in England and crystalized over two centuries is still alive and thriving in the Commonwealth of Virginia as evidenced by the recent supreme court case of United Virginia Bank v. Union Oil. While a number of states have enacted legislation or judicially adopted ways and means to avoid the harsh results often dictated by the common law rule, it appears that Virginia may be defending a rearguard position which may not be functional in terms of today's commercial world.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Teacher Malpractice, Richard S. Vacca
Teacher Malpractice, Richard S. Vacca
University of Richmond Law Review
Over the years, many classroom teachers in public schools have assumed'that as employees of local school boards, they were not subject to tort liability for injuries suffered by their students. Only those teachers who have found themselves a party to litigation involving an injured student ever fully recognized just how legally vulnerable teachers are to such actions.
Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process
University of Richmond Law Review
The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth …
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
University of Richmond Law Review
The purpose of the Virginia Workmen's Compensation Act is to provide compensation to an employee disabled by an accident arising out of and in the course of his employment. Under the Act, both the employer and employee gain and lose certain advantages. In exchange for his tort cause of action, the employee gets the benefit of certain recovery without the expense and delay normally attached to personal injury actions. The employer is no longer liable in a negligence action with its prospect of a sizeable jury award, but he loses the benefit of the fellow-servant rule and the defense of …
Tax Reform And The Voluntary Support Of Higher Education, Sheldon Elliot Steinbach
Tax Reform And The Voluntary Support Of Higher Education, Sheldon Elliot Steinbach
University of Richmond Law Review
Since colonial times voluntary support has been a major factor in the financing of American higher education. It is estimated by the Council for Financial Aid to Education that the total voluntary support of institutions of higher education in 1971-72 was slightly over $2 billion. This represents an increase of $160 million or 8.6% over the $1.8 billion received in 1970-71.2 Private philanthropy is not limited to private colleges but is increasingly being extended to state-controlled institutions so that in 1971-72 such state-controlled institutions received over 21% of the total voluntary support to higher education. The financial plight of colleges …
Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source
University of Richmond Law Review
The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
University of Richmond Law Review
Until recently, 42 U.S.C. §§ 1981 and 1982 were virtually useless as instruments with which to combat purely private racial discrimination. Certainly, one of the principal reasons behind this was the Supreme Court's decision in the Civil Rights Cases wherein the Court restrictively applied the thirteenth amendment, under which the Civil Rights Act of 1866 was enacted. However, in 1968, the Supreme Court ruled that the intention of Congress in enacting the Civil Rights Act of 1866 was to prohibit private racial discrimination as well as racial discrimination under color of law, and thereby vastly broadened the scope of the …
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
University of Richmond Law Review
The earliest workmen's compensation statutes in this country typically provided compensation only for industrial accidents. Coverage for occupational diseases developed slowly. There have been various reasons for this lag. One was the opinion in some jurisdictions that, while accidental injuries were known to the common law and could be made the subject of an action for damages, the concept of occupational diseases was a stranger to the lexicon of the precompensation-era common law. To the extent that workmen's compensation acts substituted nonfault liability for the kind of injuries that were potential subjects of fault liability, there was thought to be …
A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff
A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff
University of Richmond Law Review
Since July 1, 1973, this nation has had what is termed an "all-volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, …
Animal Cruelty Laws: The Case For Reform, Charles E. Friend
Animal Cruelty Laws: The Case For Reform, Charles E. Friend
University of Richmond Law Review
If, as Justice Arnold suggests in the foregoing quotation, our animal protection laws are indicative of the level to which "the justice and benevolence of men" has risen, then truly the human race is in sad shape. An examination of the history of the subject clearly reveals that man's inhumanity to man is exceeded only by man's inhumanity to animals. The popular image of animal existence fostered by innumerable Walt Disney movies and a plethora of children's books is so far removed from reality that it borders on the fraudulent. The fact is that neglect, torture and destruction of helpless …
Federal Civil Procedure- Class Actions- Multiple Plaintiffs With Separate And Distinct Claims Must Each Satisfy The Jurisdictional Amount
University of Richmond Law Review
The genesis of the modern class action, the bill of peace, was developed by the Court of Chancery to facilitate the adjudication of disputes involving common questions and multiple parties in a single suit. In the United States, before 1938, class actions were available in the federal court for equitable relief when the action involved members of a class so large that it was impractical to join them. However, the 1938 adoption of original Rule 23 made the class action available for legal as well as equitable relief.
Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.
Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.
University of Richmond Law Review
It is significant that this story from the reign of King Solomon in the tenth century B.C. uses as its setting a battle over child custody to illustrate the legendary "wisdom of Solomon."' It is equally meaningful that after the passage of some three thousand years of civilization and supposed social progress, a twentieth century Amer- ican judge could remark that "a judge agonizes more about reaching the right result in a contested custody issue than about any other type decision he renders." And this agony intrudes into an ever-increasing number of cases.
Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act
Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act
University of Richmond Law Review
The past two decades have evidenced a growing criticism and intolerance of "closed sessions" or "secret meetings" in the operation of government. As a result of this increased disapproval, most states enacted some form of "open meeting" legislation designed to give the public a legal right to attend meetings of state and local governing bodies. The purpose of these statutes has been to maintain the faith of the public in governmental agencies by allowing citizen attendance and participation in all phases of the decision making process. Citizens must be able to go behind the decisions of government and hear discussion …
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
University of Richmond Law Review
The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.
Constitutional Law- Commercial Speech Doctrine: Ordinance Prohibiting Newspaper From Printing Sex-Designated Employment Advertising Held Constitutional
University of Richmond Law Review
Newspapers generally provide sex-designated sections for help wanted advertisements, and only in recent years has the law focused its attention upon the practice. Federal law prohibits the use of these designated sections where sex is not a bona fide occupational qualification. While the courts have upheld the civil prosecution of employers under this law, they have found newspapers to be specifically exempt from its application, a conclusion supported by legislative history.
Constitutional Law- Freedom Of Speech- Withdrawal Of Funds From College Newspaper Advocating Segregationist Policy Deemed Violative Of First And Fourteenth Amendment
University of Richmond Law Review
Modern courts have consistently held that the rights of free speech and press provided for in the first amendment are fundamental rights protected by the due process clause of the fourteenth amendment from abridgment by the states. Student expression has been the target of much recent litigation and has prompted increased Supreme Court concern over constitutional aspects of public school administration. The central controversy has developed into a question of how much freedom should be given to a generation that delights in exploring the "limits of institutional response." One of the most piercing probes has been the campus newspaper which …
Constitutional Law- Hatch Act- Time For Reevaluation?
Constitutional Law- Hatch Act- Time For Reevaluation?
University of Richmond Law Review
The initial attempt at restricting the political activities of federal em- ployees appears to have been the establishment of the U. S. Civil Service Commission. When the Commission failed as a strong enough deterrent to political activity, an amendment of § 1 of Civil Service Rule I was approved to tighten the reigns on members of the competitive classified service. Finally, in the wake of the political campaigns of 1936 and 1938, the Hatch Political Activity Act was introduced as a prohibition against participation by federal government employees in political management or campaigning.
Constitutional Law- Mandatory Maternity Leave For Public School Teachers Does Not Violate Equal Protection Clause
University of Richmond Law Review
The fourteenth amendment permits states to enact laws affecting some groups or citizens differently from others unless the group or citizen classification is for reasons wholly irrelevant to the objective sought by the state in enacting the regulation. In the context of sex discrimination, the United States Supreme Court only recently found a classification based on sex to be in violation of the equal protection clause. The Court's decision represents the beginning of a judicial assault on sex discrimination, conforming to modern social trends in this area.
Constitutional Law- Obscenity Redefined
Constitutional Law- Obscenity Redefined
University of Richmond Law Review
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his eccentric conduct would foreshadow what has become one of the most troublesome areas of constitutional law. The failure of the Supreme Court to provide clear constitutional guidelines for anti-obscenity legislation has occasioned confusion among state and federal authorities, has precipitated a flood of litigation burdening the Court with the task of reviewing a mass of sexually explicit materials to determine what is and is not obscene, and has engendered widespread criticism of the Court's policy in this area of law.
Entrapment- The Supreme Court Reaffirms The Subjective Test Of Entrapment As A Defense To Violation Of Federal Law
University of Richmond Law Review
The ever increasing rise in so-called victimless crimes has been accompanied by a corresponding increase in the use of undercover work by law enforcement officials. The techniques which are sometimes employed by these officials, at best make for highly efficient police work, but at worst clearly give rise to the defense of entrapment. In spite of this increase of potential entrapment cases, no major case involving the defense of entrapment has been decided by the United States Supreme Court in the last fifteen years, and because of the lack of a "cohesive theoretical basis" for the defense, the circuit courts …
Federal Civil Procedure- Work Product Doctrine
Federal Civil Procedure- Work Product Doctrine
University of Richmond Law Review
The work product doctrine protects from pretrial discovery witness statements and other documents gathered by an adversary's counsel in the course of preparation for possible litigation. The purpose of the work product doctrine is to preserve the privacy and independence of lawyers by denying unwarranted intrusions into their private files and mental processes. Prior to the 1970 amendments to the Federal Rules of Civil Procedure, courts applied two distinct tests when considering whether to allow pretrial discovery of documents and witness statements. One test required the party seeking discovery to show good cause why discovery should be allowed. The alternative …
Right To Privacy- Direct Injury Must Be Shown Before A Court May Grant Relief From General Governmental Surveillance
University of Richmond Law Review
The right of privacy is an aggregate of many separate rights, each of which is guaranteed in the Bill of Rights. Although the right of privacy was not recognized per se at common law, today it is acknowledged by a majority of jurisdictions as a separate actionable legal right.
Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search
University of Richmond Law Review
The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …
Tort Law- Emotional Disturbances And Resulting Physical Injuries Occasioned By Negligence
Tort Law- Emotional Disturbances And Resulting Physical Injuries Occasioned By Negligence
University of Richmond Law Review
The early decisions involving negligently inflicted emotional distress and resulting physical injuries generally held that a contemporaneous physical impact was a prerequisite to a right of recovery. This requirement, commonly referred to as the "impact rule," has today been rejected or abrogated in most American jurisdictions. The status of this rule in Virginia has been unclear since the decision of Bowles v. May because of conflicting interpretations
Tort Law- Pennsylvania Abrogates Governmental Immunity, But Refuses To Abolish Sovereign Immunity
Tort Law- Pennsylvania Abrogates Governmental Immunity, But Refuses To Abolish Sovereign Immunity
University of Richmond Law Review
The fear of judicial legislation' frequently has restrained courts from abrogating the doctrines of sovereign and governmental immunities. While often denounced as "anachronism[s] without rational basis," and as "obsolete vestige[s] of the distant past," the doctrines of governmental and sovereign immunity still remain sacrosanct in a number of jurisdictions. Slightly less than half the jurisdictions have judicially abolished these doctrines. One of the more recurring reasons for the slow demise of these doctrines is the repeated deference of courts to the legislature in this area, either because the immunity is supposedly constitutionally mandated' or because the immunity is so entrenched …