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Articles 1 - 30 of 45
Full-Text Articles in Law
Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy
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
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
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
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal
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
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 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
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
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
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
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
University of Richmond Law Review
No abstract provided.
Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance
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
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
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
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
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.
Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan
Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan
University of Richmond Law Review
Because 42 U.S.C. section 1983 lacks its own statute of limitations, courts determine the deadline for commencing civil rights actions by borrowing the most appropriate limitation prescribed by state law. Courts have used a variety of techniques to choose among arguably relevant state limitation provisions. This diversity has produced "conflict, confusion, and uncertainty concerning the appropriate statute of limitations to apply to this most important, and ubiquitous, civil rights statute.
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
University of Richmond Law Review
The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …
The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese
The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese
University of Richmond Law Review
Arbitration, a widely utilized method for resolving commercial and labor disagreements, has become an increasingly accepted means of settling domestic disputes that arise under separation or divorce agreements. The number of judicial decisions reviewing clauses in divorce and separation agreements which provide for the arbitration of disputes involving spousal support payments, child support and custody matters, has more than doubled since 1950. In a number of jurisdictions, courts have consistently enforced arbitration clauses to settle matrimonial disputes. Attorneys are more frequently drafting separation agreements which contain arbitration clauses, and the American Arbitration Association has promulgated a variety of rules and …
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
University of Richmond Law Review
In Nix v. Williams, the Supreme Court created an "inevitable discovery" exception to the exclusionary rule. This exception allows the prosecution to introduce illegally obtained evidence at trial upon a showing that such evidence would inevitably have been obtained, even without the police misconduct. The Supreme Court rejected the imposition of a second prong on the inevitable discovery exception which would have required the government to prove the absence of bad faith. The purpose of the inevitable discovery exception is to prevent the "setting aside [of] convictions that would have been obtained without police misconduct."
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
University of Richmond Law Review
"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
University of Richmond Law Review
In recent years, the mentally retarded have been increasingly deinstitu- tionalized.1 One major factor responsible for this trend has been the acceptance of the theory of normalization, which proposes that mentally retarded individuals must be exposed to normal life patterns and conditions in order to develop their full potential. Mental health officials have attempted to implement normalization by the relocation of the mentally retarded into group homes. The group home format offers the benefits of family living through the placement of small groups of mentally retarded individuals into homes in residential areas.
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
University of Richmond Law Review
When John Lowe asked me to review his book, I confess that I was surprised. Having just authored two books on Virginia Criminal Procedure, I considered John and myself to be competitors. However, after examining his book I now understand that our books serve different purposes and in fact complement each other.
The Fall And Rise Of Professionalism, Thomas D. Morgan
The Fall And Rise Of Professionalism, Thomas D. Morgan
University of Richmond Law Review
In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.
A Tribute To E. Ballard Baker, Robert E. Shepherd Jr.
A Tribute To E. Ballard Baker, Robert E. Shepherd Jr.
University of Richmond Law Review
The Editorial Board of the University of Richmond Law Review respectfully dedicates this issue to the memory of E. Ballard Baker, 1918-1985. Judge Baker was a graduate of both Richmond College and the T. C. Williams School of Law at the University of Richmond. He served on the Henrico County Court bench from 1967 until his appointment to the new Virginia Court of Appeals in December 1984. Judge Baker was an active alumnus of the University of Richmond. He taught business law at the University and was recently inducted into the University's chapter of the Omicron Delta Kappa leadership society.
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
University of Richmond Law Review
The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
University of Richmond Law Review
The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.
Legal Ethics In The Bid Rigging Cases, Anthony F. Troy
Legal Ethics In The Bid Rigging Cases, Anthony F. Troy
University of Richmond Law Review
As a member of the Bar, one can never be too conscious of the ethical duty owed to the client, to the system of justice, and to the general public. Members of the public are viewing the legal profession with increasing skepticism. Even the Chief Justice of the United States Supreme Court recently asked rhetorically whether the decline in the public standing of attorneys is the product of a general impression that our profession is lax in dealing with incompetent or dishonest lawyers. Ethical issues arise in many settings. This article will focus mainly on the ethical issues which arise …
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
University of Richmond Law Review
One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.