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1992

University of Richmond Law Review

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Articles 31 - 55 of 55

Full-Text Articles in Law

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 …


The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith Jan 1992

The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith

University of Richmond Law Review

The recent philosdphical shift of the Supreme Court toward a more restrained or "conservative" approach to constitutional adjudication brings with it hope for the revitalization of federalism as a constitutional and political principle.


Balancing The Federal Judiciary, Anne Bryant Jan 1992

Balancing The Federal Judiciary, Anne Bryant

University of Richmond Law Review

Since the American Association of University Women first published the associational brief "Balancing the Federal Judiciary" in 1988, two new Associate Justices (David Souter and Clarence Thomas) have joined the Supreme Court. The Court has continued to chip away at the rights of women and minorities, with damaging decisions in areas such as reproductive rights (e.g., Webster v. Reproductive Health Services) and employment discrimination(e.g., Wards Cove Packing Company v. Atonio). With a conservative majority in place on the Supreme Court until well into the next century and Reagan and Bush appointees comprising more than half of the nation's federal judges, …


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.


A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer Jan 1992

A Social-Conservative Comment On The New Supreme Court, Gary L. Bauer

University of Richmond Law Review

I recall seeing a column, not long ago, which referred to the Supreme Court as increasingly "a right-wing playground." Liberal groups may be able to raise funds off this impression, but if conservatives rely on it, they are in for a rude awakening when the gavel falls.


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, …


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.


University Of Richmond Law Review Jan 1992

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


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.


Dedication, James R. Kibler Jr. Jan 1992

Dedication, James R. Kibler Jr.

University of Richmond Law Review

September, 1991 saw the passing of A.L. Philpott, loyal alumnus of the University of Richmond and The T.C. Williams School of Law, Speaker of the House of Delegates, and member of the Virginia General Assembly for thirty-three years. He was 72. Advocate, counsellor, legislator, A.L. Philpott embodied the notion of lawyer as public servant. His contributions to the development of Virginia law and public policy are legion. Perhaps chief among these were his commitment to improving codification of the Code of Virginia and his steadfast devotion to constitutional doctrine and individual liberties. In recognition of his many contributions to the …


On The Passing Of A.L. Philpott, Theodore V. Morrison Jr. Jan 1992

On The Passing Of A.L. Philpott, Theodore V. Morrison Jr.

University of Richmond Law Review

With the passing of Albert Lee Philpott last year I lost my mentor, constant friend, and the source of the greatest influence on my service in public office.


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 had …


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.


Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski Jan 1992

Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski

University of Richmond Law Review

Continuing in a groove well worn by decisions rendered over the last several years, Virginia's federal courts have, over the past year, continued to demonstrate a measure of hostility toward antitrust conspiracy claims by regularly disposing of fully-discovered conspiracy claims through summary adjudication. Plaintiffs' conspiracy claims in the health care context have fared especially poorly.


Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii. Jan 1992

Annual Survey Of Virginia Law: Business And Corporate Law, George Clemon Freeman Iii.

University of Richmond Law Review

This article surveys major developments between May, 1991 and June 1, 1992 that affect business and corporate law in Virginia. Part I discusses major decisions in United States courts. Part II reviews major decisions in Virginia courts. Part III summarizes laws enacted by the Virginia General Assembly during the 1992 Session.


Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters Jan 1992

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters

University of Richmond Law Review

This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.


Annual Survey Of Virginia Law: Taxation, Thomas P. Rohman, Wendy B. Gayle Jan 1992

Annual Survey Of Virginia Law: Taxation, Thomas P. Rohman, Wendy B. Gayle

University of Richmond Law Review

This article covers legislative changes and judicial decisions affecting Virginia taxation from July, 1991 to July, 1992. Its purpose is to alert Virginia's tax and general practitioners to these developments.


Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander Jan 1992

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.


Cameras In Virginia Courtroom, Teresa D. Keller Jan 1992

Cameras In Virginia Courtroom, Teresa D. Keller

University of Richmond Law Review

On July 1, 1992, Virginia joined forty other states by allowing cameras into state courtrooms on a permanent basis. A pilot program had been underway since 1987, allowing news coverage by television cameras, audio recorders, and still cameras in a handful of state courtrooms. Lawmakers had extended the experiment twice, delaying a permanent decision in the face of varying opinions about the success of the program. The Supreme Court of Virginia issued two reports over the five year span indicating the pilot program had produced a negative effect on the judicial process. Broadcasters, on the other hand, consistently claimed the …


The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk Jan 1992

The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk

University of Richmond Law Review

This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.


A Fresh Look At Lawyers' Education, Robert Maccrate Jan 1992

A Fresh Look At Lawyers' Education, Robert Maccrate

University of Richmond Law Review

These are remarks made by Robert MacCrate at the T.C. Williams School of Law in October, 1992. Mr. MacCrate served as chairperson of the ABA Task Force on Law Schools and the Profession: Narrowing the Gap, and is a former president of the ABA.


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.


Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer Jan 1992

Expanding The Judicial Power Of The Administrative Law Judge To Establish Efficiency And Fairness In Administrative Adjudication, C. Stuart Greer

University of Richmond Law Review

How is an administrative law judge ("ALJ") to know his role in the modern bureaucracy? On the one hand, the law requires the ALJ to adjudicate legal disputes between the government agency and the individual, and on the other hand, a black-robed member of the judicial branch in- structs him that he is out of his jurisdiction. Who wins in this decades-long battle for turf?


Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching Jan 1992

Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching

University of Richmond Law Review

According to the common law doctrine of ubi jus, ibi remedium, where there is a right, there is a remedy. The United States Supreme Court has long recognized the validity of this doctrine. Traditionally, the Court was very liberal in recognizing private rights of action, and granting injunctive and monetary relief for violations of constitutional and statutory rights in the absence of explicit congressional authorization. In Bell v. Hood, the Supreme Court stated: "[W]here federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to …


Disability Law Compliance Manual, Kathe A. Klare Jan 1992

Disability Law Compliance Manual, Kathe A. Klare

University of Richmond Law Review

The Americans with Disabilities Act (ADA), signed into law by President Bush on July 26, 1990, is viewed by many as the most significant civil rights legislation since the Civil Rights Act of 1964. As a result of census data, national polls, and other studies, there was a recognition that persons with disabilities, as a group, have been relegated to an inferior status in all realms of society. Thus, persons with disabilities have been, and remain, severely disadvantaged in achieving social interactions and vocational, economic and educational goals. The enactment of the ADA seeks to provide persons with disabilities the …