Law Commons^™

Guaranteeing Solar Access In Virginia, W. Wade Berryhill

Law Faculty Publications

This article will address in order: the mechanics of a solar energy system; the problem of solar access; the traditional public and private remedies available at common law; Virginia's legislative response to the problem of assuring solar access; and some suggestions for the resolution of anticipated solar access conflicts in Virginia.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1979-1980, University Of Richmond

Law School Catalogues

History:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late T. C . Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C . Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher

Law Faculty Publications

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

However, unless the antenuptial agreement provisions fall squarely within this …

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Limiting Congressional Denationalization After Afroyim, John Paul Jones

Law Faculty Publications

This Comment discusses the constitutional aspects of loss of United States citizenship. It contrasts expatriation with procedures developed by the state in treaty and statute for involuntary deprivation of citizenship. It distinguishes early judicial and legislative debate over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, it suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …

State Environmental Protection Versus The Commerce Power, K. Dennis Sisk

University of Richmond Law Review

As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.

Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider

University of Richmond Law Review

Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.

The Supreme Court And The Not-So-Privileged Press, John D. Epps

University of Richmond Law Review

The first amendment mandates freedom of the press, but the extent of that freedom has been the issue in scores of Supreme Court opinions. Whether press freedom is above and beyond that provided the general public by the first amendment has been a fertile question for debate. The question is more than academic, however; its answer has determined, for example, that reporters must be jailed for refusing to comply with subpoenas and that newsrooms can be searched for evidence of criminal activities.

Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross

University of Richmond Law Review

This article addresses the constitutionality of those statutes known as "parental support laws" or "relative support statutes" in light of the equal protection clause of the fourteenth amendment to the United States Constitution. These statutes impose upon a person the duty to support an indigent parent or other impoverished relatives. This article focuses only on the statutory duty of children-under threat of punishment-to support indigent parents. In order to pass Constitutional muster under the requirements of the equal protection clause, there must be established at least a rational relationship between the class designated by the statute and the objective of …

Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker

University of Richmond Law Review

The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.

Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz

University of Richmond Law Review

No one will ever know, at least with any certainty, whether more harm than good has been done by the Federal Youth Corrections Act. The Act was enacted by Congress in 1950 upon the recommendation of a committee of the Judicial Conference of the United States. The youth offenders who have benefited under YCA are those who have committed the most serious crimes, such as murder, robbery, and rape, and those with the longest records of serious criminal conduct. Because of the YCA, some of these dangerous offenders have received less severe sentences, and some have been released on parole …

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …

Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding

University of Richmond Law Review

This case raises the most important question of every child's constitutional right to liberty, not only the liberty that includes freedom from bodily restraint [citation omitted], but also the liberty that includes the freedom of an ordinary, every-day child in these United States of America-the freedom to live with mothers, fathers, brothers, and sisters in whatever the family abode may be; the freedom to be loved and to be spanked; the freedom to go in and oat the door, to run and play, to laugh and cry, to fight and fuss, to stand up and fall down, to play childish …

J.Westwood Smithers- "The Professor", Robert R. Merhige Jr.

University of Richmond Law Review

My first clearly defined recollection of "The Professor" has, to my enjoyment and embarassment, survived for more years than he or I would willingly acknowledge, but I would expect that the incident giving rise to my recollection has now become part of the folklore of T. C. Williams School of Law and will survive each of us.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Volume XIII.

Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker

University of Richmond Law Review

Although W. Hamilton Bryson modestly describes his Notes on Virginia Civil Procedure,the Michie Company, 1979, as "little more than an outline," he has in fact made a significant contribution to practical jurisprudence in his handbook on Virginia civil procedure. Mr. Bryson is a professor of law at the T. C. Williams School of Law of the University of Richmond and teaches Virginia Procedure there.

Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles

University of Richmond Law Review

An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.

The Status Of Third-Party Practice In Virginia, John M. Claytor

University of Richmond Law Review

The past three decades have seen third-party practice in Virginia instituted, abolished and revived. The practice was first sanctioned by a 1948 amendment to the Virginia Code of 1919. In the 1949 case of Masters v. Hart, it was held that by virtue of the 1948 amendment the trial court could, in its discretion, permit third parties to be impleaded as the interests of justice may require. However, the supreme court in that decision also pointed out that the amendment was both confusing and incomplete; and, also noted that in order for a complete system of third-party practice to be …

A Family Court For Virginia, Frederick P. Aucamp

University of Richmond Law Review

The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.

The History Of Legal Education In Virginia, W. Hamilton Bryson

University of Richmond Law Review

The English Inns of Court in London had ceased to perform their educational functions in the middle of the seventeenth century. For the next hundred years or so, there was no formal or organized instruction of the English common law. Lawyers, both barristers and solicitors in England and in America, learned their profession as best they could in unstructured situations. They learned by serving as apprentices or clerks to practicing lawyers, by the independent reading of law books, and by observation in the courtroom itself.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter Nash Swisher

University of Richmond Law Review

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors

University of Richmond Law Review

The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.

The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag

University of Richmond Law Review

For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.

"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley

University of Richmond Law Review

Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …

Interpleader In Virginia, Stephen E. Baril

University of Richmond Law Review

Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.

Rights Of The Convicted Felon On Parole, Howard E. Hill

University of Richmond Law Review

The forfeiture of various civil rights upon conviction of a felony is no modem innovation. Conviction of a crime in the Roman Republic resulted in the deprivation of many of the same rights denied convicted felons today. Most statutes define a "felony" in terms of the possible punishment for a particular act rather than in descriptions of the actual conduct forbidden. In Virginia "such offenses as are punishable with death or confinement in the penitentiary are felonies," while "all other offenses are misdemeanors." One unfortunate enough to be convicted of a felony becomes subject to sanctions imposed by the state. …

Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: Garmon Reconsidered And The Reaffirmation Of Property Rights, Keith Barker

University of Richmond Law Review

Sears, Roebuck & Co. v. San Diego County District Council of Carpenters resolves the problem of a jurisdictional hiatus facing an employer when a union's peaceful picketing on his property is within the ambit of the National Labor Relations Act (NLRA or the Act). Prior to the Sears decision, the right of the states to enjoin labor union picketing on an employer's private property, when the union's picketing was arguably protected and arguably prohibited, was uncertain. As a rule, conduct which is arguably protected under the Act or arguably prohibited under the Act, with few exceptions, cannot be the subject …