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1992

University of Richmond Law Review

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Full-Text Articles in Law

Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers Jan 1992

Mireles V. Waco: The Supreme Court Prescribes The Bitter Pill Of Judicial Immunity And Summary Reversal, Linwood I. Rogers

University of Richmond Law Review

This language opened Justice Douglas' stinging dissent in the 1967 United States Supreme Court decision of Pierson v. Ray, holding that section 1983 of the Civil Rights Act did not abolish the common law doctrine of judicial immunity. Eleven years later, the Court expanded and redefined the scope of the doctrine of judicial immunity in Stump v. Sparkman. The Stump Court attached immunity to actions of a judicial nature taken by a judge in his judicial capacity where such actions were not taken in the clear absence of all jurisdiction. But rather than clarifying the doctrine of judicial immunity, the ...


Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney Jan 1992

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney

University of Richmond Law Review

In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of ...


Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan Jan 1992

Building Chinese Walls In Virginia: Should Virginia Recognize The Chinese Wall Defense To Vicarious Disqualification?, C. Randolph Sullivan

University of Richmond Law Review

A Chinese wall is essentially a screening mechanism set up within an institution to act as an "impermeable barrier to intrafirm exchange of confidential information." To prevent inadvertent "leakage" of confidential information, a number of precautions may be taken, including the establishment of organizational and physical structures designed to separate those who possess information from those who should not have it." Although of relatively new use in the legal profession, this type of "wall" is not new. Banks and securities firms, in an effort to protect their clients' financial confidences, routinely erect Chinese walls.


Remembering A.L. Philpott, Gerald L. Baliles Jan 1992

Remembering A.L. Philpott, Gerald L. Baliles

University of Richmond Law Review

The University of Richmond Law Review's dedication of its 1992 Annual Survey of Virginia Law to the late A.L. Philpott, Speaker of the House of Delegates, is a thoughtful and fitting tribute to a T.C. Williams alumnus and dear friend of the University, and a distinguished public leader in the life of the Commonwealth.


Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1992

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.


Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee Jan 1992

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf Jan 1992

Saving The Honorable Court: Assessing The Proper Role Of The Modern Supreme Court, Michael Allan Wolf

University of Richmond Law Review

There are few greater delights in legal scholarship than the opportunity to have the last word in a symposium featuring distinguished - and dramatically differing - viewpoints. The thirteen contributions that precede this afterword offer a provocative and representative set of reactions to the ongoing debate over the role of the Supreme Court in the American polity. This debate is by no means new, or even middle-aged. The struggle over the confirmation of Associate Justice Clarence Thomas is but the latest in a long line of pressure points in American constitutional history - events such as controversial Supreme Court decisions, congressional attempts to ...


Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman Jan 1992

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will ...


Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg Jan 1992

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg

University of Richmond Law Review

Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.


University Of Richmond Law Review Index Jan 1992

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Law Review Volume XXVI.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


The Supreme Court: Final Arbiter Of Our Nation's Legal Disputes, Strom Thurmond Jan 1992

The Supreme Court: Final Arbiter Of Our Nation's Legal Disputes, Strom Thurmond

University of Richmond Law Review

"I have had the opportunity to review twenty-three Supreme Court nominations during my thirty-seven years in the Senate."


The Role Of The Supreme Court, Charles E. Grassley Jan 1992

The Role Of The Supreme Court, Charles E. Grassley

University of Richmond Law Review

Many people think of the Supreme Court exclusively as a place to safeguard individual rights. Without question, this is an important duty of the Court. However, the Supreme Court serves many other institutional functions as well. These crucial responsibilities are often overlooked, not only by the public, but by those who closely watch the Supreme Court at work.


In Defense Of A Principled Judiciary, Edward E. Mcateer Jan 1992

In Defense Of A Principled Judiciary, Edward E. Mcateer

University of Richmond Law Review

For decades, the justices themselves undermined the honor which ought to be afforded the third branch of the federal government as they regularly exceeded the proper, limited but vitally important role they ought to play. October term after October term, the justices acted as a permanent constitutional convention, disrupting legislative accommodations and settled precedent with regularity.


The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen Jan 1992

The Supreme Court's Role: Guarantor Of Individual And Minority Group Rights, Nadine Strossen

University of Richmond Law Review

We have just celebrated the Bicentennial of the United States Bill of Rights, a marvelous document that not only has been used to secure a broad range of freedoms for many people in this country, but also has inspired and served as a model for liberty-loving peoples the world over. However, the freedoms enunciated in the Bill of Rights - as well as in other Constitutional provisions - are not self-enforcing.


Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull Jan 1992

Conservative Supreme Court: Its Impact On Traditional Values, Donald E. Wildman, Benjamin W. Bull

University of Richmond Law Review

Most court watchers agree that the changing composition of the Supreme Court will ineluctably favor the interests of traditional values organizations like the American Family Association. The next decade will surely see the Court return to a more balanced approach in line with the preservation of family values. Certainly some will characterize the new Court as more conservative. To the extent that it will emphasize core principles in the Constitution as the bedrock from which it must proceed, it will be conservative. Yet this is simply a return of the Court to its intended function: interpretation and application of law ...


Reagan, Bush And The Supreme Court, Arthur J. Kropp Jan 1992

Reagan, Bush And The Supreme Court, Arthur J. Kropp

University of Richmond Law Review

What may be the most significant achievement of the Reagan-Bush years is one we have only begun to appreciate: the radical revolution in the federal courts. After nearly three terms of conservative presidents bent on remaking the federal judiciary, the courts have been transformed. They are far more conservative, and, despite Administration rhetoric to the contrary, decidedly more activist.


Raiding The Establishment: New Perspectives On Takeover Law, Samuel N. Levin Jan 1992

Raiding The Establishment: New Perspectives On Takeover Law, Samuel N. Levin

University of Richmond Law Review

This essay offers a brief description of certain factors influencing the development of the law governing corporate acquisitions. In its most basic terms, the central issue in this field boils down to who should control the wealth and power of our country. The issue encompasses choices based on political, economic and social values. It is my thesis that implicit favoring of establishment groups over "outsiders" underlies recent judicial and legislative actions bolstering management's ability to fend off unwanted acquisitions.


Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg Jan 1992

Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg

University of Richmond Law Review

Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.


Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers Jan 1992

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers

University of Richmond Law Review

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last ...


Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy Jan 1992

Advice And Consent: Ensuring Judicial Freedom, Patrick J. Leahy

University of Richmond Law Review

Throughout this nation's history, Americans have turned to the Supreme Court to protect their rights against excesses of the legislative and executive branches. To protect this crucial role of the Court, the Framers realized that neither the executive nor the legislature should have the power to cast the Court in its own image. To prevent this usurpation of one branch by another, the Framers wisely required the President to obtain the advice and consent of the Senate in making appointments to the Supreme Court.


The Paradox Of United State Democracy, C. A. Gearty Jan 1992

The Paradox Of United State Democracy, C. A. Gearty

University of Richmond Law Review

This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.


The Role Of The Modern Supreme Court, Ronald D. Rotunda Jan 1992

The Role Of The Modern Supreme Court, Ronald D. Rotunda

University of Richmond Law Review

In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that branch to safeguard the limitations drafted into the Constitution. While the judiciary is "incontestably" and "beyond comparison the weakest of the three departments of power," he conceded, nonetheless, the constitutional limitations on legislative excess "can be preserved in practice no other way than through the medium of courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void."


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


A Tribute To A.L. Philpott, Lewis W. Parker Jr. Jan 1992

A Tribute To A.L. Philpott, Lewis W. Parker Jr.

University of Richmond Law Review

In 1973 I served in my first session of the General Assembly of Virginia. Prior to leaving for Richmond, I was advised to keep my mouth shut and to never, never raise the ire of A.L. Philpott. We had some problem in Mecklenburg County, and I introduced legislation to address it. As the bill was called on second reading, I shuddered as Mr. Philpott rose and asked the Speaker if I would yield for a question. He asked: "Does the gentleman realize the bill is in violation of the Constitution of Virginia?" Since I am not an attorney, I ...


Tribute To A.L. Philpott, Mary Sue Terry Jan 1992

Tribute To A.L. Philpott, Mary Sue Terry

University of Richmond Law Review

It is well known that for more than three decades, A.L. Philpott was an enduring political force in the General Assembly and a powerful influence in many aspects of life in Southside Virginia and beyond.


Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino Jan 1992

Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino

University of Richmond Law Review

It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.


The Supreme Court As A Political Institution, Benjamin L. Hooks Jan 1992

The Supreme Court As A Political Institution, Benjamin L. Hooks

University of Richmond Law Review

The august Supreme Court of the United States is a political institution and has been virtually from the beginning. That today's Court finds itself at the center of intense ideological and political debate should surprise few serious students of American political and constitutional history.