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.

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 …

The History Of Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

Many methods of legal education have been used over the years. Each has its strengths and its weaknesses. The study of the past is instructive and useful in showing both the good and bad goals and methods. We must cultivate the good and uproot the bad. This study suggests that there has always been progress, slow but constant improvement. The teaching of law is vital to the administration of justice, a noble cause. The continuing challenge is ever to strive for the improvement thereof.

Notes On Virginia Civil Procedure, William Hamilton Bryson

Law Faculty Publications

This book is an outline of the introductory course on Virginia civil procedure which the author teaches at University of Richmond. The purpose of this publication is to give the students an introduction to the subject which can be read prior to the classroom discussion. It is a very brief sketch of the subject, but there are references in the footnotes to cases and statutes or to secondary works which give case references. The scope of my course and of this book excludes all federal law, criminal law and habeas corpus, evidence, creditors' rights, and probate proceedings; these matters are …