Law Commons^™

Property, W. Wade Berryhill

Law Faculty Publications

The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them. In the majority of the cases which follow, the Virginia Supreme Court affirms and …

Sex Discrimination In Pension And Retirement Annuity Plans After Arizona Governing Committee V. Norris: Recognizing And Remedying Employer Non-Compliance, Mary L. Heen

Law Faculty Publications

This article is intended to help employees and practitioners determine whether an employer's pension or annuity plan violates Title VII, and if so, to identify the scope of relief which may be obtained. Part I discusses the Supreme Court's decision in Arizona Governing Committee v. Norris. Part II discusses the various types of pension and retirement plans, and describes how to identify sex discrimination in typical plans. Part ill briefly addresses the more difficult question of how to remedy employer non-compliance, and discusses the relief issues raised by both retirees and present employees (with reagard to benefits based on post-Norris …

The T.C. Williams School Of Law Newsletter: Summer 1985

Richmond Law Magazine

Features:

Dual Degree Program Explained

Bryson Edits Book Containing Circuit Court Opinions

Youth Advocacy Clinic

Arthur R. MilleT; Delivers First Emanuel Emroch Lecture

New Library Equipment

Deferred Giving/Estate Planning

Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

This survey addresses only significant Virginia cases and statutes affecting Virginia criminal procedure. For discussion of the impact of federal court decisions, see R. Bacigal, Virginia Criminal Procedure (Supp. 1985).

The Road To Exclusion Is Paved With Bad Intentions: A Bad Faith Corollary To The Good Faith Exception, Ronald J. Bacigal

Law Faculty Publications

This Article will demonstrate that a search pursuant to a properly issued warrant may trigger application of the exclusionary rule if: (1) there is police bad faith in delaying execution of the warrant, and (2) such bad faith results in additional intrusions upon individual privacy. Although this Article is limited to a consideration of bad faith in delaying the execution of search warrants, the discussion points the way to application of the concept of bad faith to all aspects of fourth amendment jurisprudence.

Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones

Law Faculty Publications

Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …

The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy

Law Faculty Publications

Although the European Economic Communities more frequently are taking what appear to be institutional positions on foreign policy and political issues of grave concern to the world community, it is not inappropriate for them to do so. The longterm goals of the Communities in part are political, as expressed in the Treaty of Rome. In the preamble to the Treaty the signatories state that they are "[d]etermined to lay the foundations of an even closer union among the European peoples." Article 2 provides, in part, that one of the tasks of the Common Market is to promote "closer relations between …

James Martin: Friend And Co-Author, David G. Epstein

Law Faculty Publications

Jim Martin was a friend. Friends meant a lot to Jim. Being Jim's friend meant that at the end of your first week as a Visiting Assistant Professor at the University of Michigan Law School, Jim insisted that you come to his home for a gourmet dinner, even though it was below zero outside and Jim had never cooked anything more ambitious than microwave cuisine. Being Jim's friend meant that he pushed for your appointment to the Michigan law faculty, even though the appointment would probably result in your taking his commercial law courses. Being Jim's friend meant that he …

Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein

Law Faculty Publications

This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …

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

Law Faculty Publications

As in the past, there were no significant developments or trends in the few decisions on conflict of laws points. The text of U.C.C. section 1-105, the Code's general choice-of-law provision, speaks comprehensively of "the transaction." Yet recent cases and a draft of the proposed Personal Property Leasing Act take an issue-oriented approach, thus giving the parties greater freedom to specify choice of law. Following the formulation in section 187 of the Restatement (Second) of the Conflict of Laws, the draft Leasing Act supports party choice in the absence of some significant forum policy that requires overriding that choice. In …

The T.C. Williams School Of Law Newsletter: Winter 1985

Richmond Law Magazine

Features:

Summer Entry Program

Professor Shepherd's Convocation Address: A Student Commentary

Telethons Kick-Off 1985-86 Law Fund

Alumni Assist Law School Through Estate Planning

Judge Weinstein to Speak at 2nd Annual Emroch Lecture Series

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1984-85), J. Rodney Johnson

Law Faculty Publications

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. 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 …

Rights Of Creditors To Reach Assets Of A Revocable Trust After The Death Of The Grantor - The Missouri Approach, J. Rodney Johnson

Law Faculty Publications

The question whether creditors of a decedent's estate can reach the assets of an inter vivas trust is difficult. This article discusses the answers reached in various situations, and also a recent Missouri statute that allows the trustee to limit the time for creditors' claims.

Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy

University of Richmond Law Review

Virtually all colleges and universities have scholarship programs designed to support their athletic teams. The programs are generally in the form of membership clubs which are tax-exempt under section 501(c)(3) of the Internal Revenue Code and therefore eligible to receive donations which provide tax deductions to their patrons. The fact that an organization is an "eligible receiver," however, does not ensure that all payments to it are deductible. For example, the cost of football tickets is not deductible since the purchaser is receiving value for his payment.

The New Doctrine Of Necessaries In Virginia, Mark S. Brennan

University of Richmond Law Review

Under the traditional common law doctrine of necessaries, a husband has the duty to support his wife and is responsible for the cost of necessary goods and services furnished to his wife by third parties if he has failed to provide the necessaries himself. However, the recent influx of women into the marketplace and the United States Supreme Court's decisions on gender discrimination have caused a significant number of courts and state legislatures to modify the doctrine or abolish it altogether.

The Coming Of Legal Specialization, O. Randolph Rollins

University of Richmond Law Review

A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte

University of Richmond Law Review

History suggests that the attorney-client privilege is the oldest of the evidentiary privileges. It probably arose at common law during the 1500's, concurrent with the right to trial by jury. Judges initially viewed the privilege as a vindication of "the oath and the honor of the attorney." However, during the late 1700's, courts began to assert that the privilege's purpose was to encourage clients to make full disclosure to their counsel, by "providing subjectively for the client's freedom of apprehension." In 1871, the Virginia Supreme Court5 stated that "[i]f the privilege did not exist at all, every one would be …

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Law Review Vol. XIX.

The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff

University of Richmond Law Review

Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).

Virginia Torts Case Finder, Paul J. Zwier

University of Richmond Law Review

Brien Roche's Virginia Torts Case Finder ("Case Finder") provides a useful research aid for the students and practitioners of tort law in this state. This Case Finder, as the name implies, is a digest-like research tool for tort cases found in the Virginia Reports.

Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling

University of Richmond Law Review

The Virginia Workers' Compensation Act provides compensation for employees injured by accident or as a result of occupational disease. An employee who claims an "injury by accident" need not show negligence or fault on the employer's part, but only that the injury was caused by an accident "arising out of and in the course of the employment."

Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby

University of Richmond Law Review

In the early days of America's development, the attorney-at-law was little needed. While law was a popular study, the pioneering nature of the settlers dictated that each look out for his own interests. Delegation to counsel was unnecessary.'

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance

University of Richmond Law Review

The consumer advocacy movement of the late 1970's induced the Congress and the state legislatures to enact numerous consumer protection statutes. Unfortunately, several years elapsed before the public and the legislatures realized that those statutes did not protect the consumer in what is frequently the consumer's most significant personal purchase-the automobile.

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent statutes and case law in the field of Virginia civil procedure and practice. Since it has been several years since the last similar effort was published, this essay will take notice of the developments which have taken place from 1983 to May 1985. Much of the case law to be mentioned is pre-1983 trial court material, but since it was only recently published, it will be useful to have it included here. This is especially so since most points of civil procedure and practice, being harmless error, are not often considered by the Virginia Supreme Court …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller

University of Richmond Law Review

The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …

The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy

University of Richmond Law Review

In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.