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Articles 1 - 30 of 44
Full-Text Articles in Law
Who Gets A Dead Man's Gold? The Dilemma Of Lottery Winnings Payable To A Decedent's Estate, M. Eldridge Blanton
Who Gets A Dead Man's Gold? The Dilemma Of Lottery Winnings Payable To A Decedent's Estate, M. Eldridge Blanton
University of Richmond Law Review
This article addresses the federal estate tax and federal income tax consequences of lottery winnings which flow to the estate of a decedent or, alternatively, directly to the decedent's beneficiaries. State income tax and state death tax considerations must also be taken into account. With respect to these secondary implications, this article draws largely upon the Code of Virginia and the relevant sections of Virginia's income tax and estate tax statutes. Some references will be made to the possibility of contrary statutory treatment in other states, but primary reliance will be upon Virginia law.
Statement By Toney Anaya On Capital Punishment, Toney Anaya
Statement By Toney Anaya On Capital Punishment, Toney Anaya
University of Richmond Law Review
I oppose capital punishment and was thrust into a position of having to put that opposition to the ultimate test - in 1986 commuted the death sentences of all those on "death row" in the New Mexico State Penitentiary.
A Tribute To Professor Willie Moore, Okianer Christian Dark
A Tribute To Professor Willie Moore, Okianer Christian Dark
University of Richmond Law Review
I first met Professor Willie Moore during the 1989-90 recruitment season for law faculty. Willie came to our law school to meet with the Dean, faculty and students. There was much excitement among the faculty concerning his visit to the law school. Many persons had already reviewed his credentials - valedictorian of his high school class; an honors graduate of the University of North Carolina at Chapel Hill; graduate of Yale University Law School; law clerk to Judge Damon J. Keith on the Federal Court of Appeals for the Sixth Circuit; former associate at Mitchell, Silberberg & Knupp in Los …
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
Freeman V. Pitts: A Rethinking Of Public School Desegregation, Frank H. Stubbs Iii
University of Richmond Law Review
On March 31, 1992, the United States Supreme Court unanimously declared that federal district courts have the authority to relinquish supervision and control of a public school desegregation plan in incremental stages, before full compliance has been achieved in every area of school operations. The Court also held that public school districts have no duty to remedy racial imbalance caused by demographic shifts once the vestiges of de jure segregation have been eliminated. Reversing a lower court's ruling, Justice Kennedy, writing for the majority, stated that the decision was consistent with the Court's duties to both remedy constitutional violations and …
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
Freedom Of Speech As A Product Of Democracy, Arnold H. Loewy
University of Richmond Law Review
There are very nearly as many (if not more) rationales for freedom of speech as there are books and articles on the subject. Without attempting to canvass them all, I think that they can be divided into two generic theories. One theory suggests that freedom of speech is essentially teleological or consequentialist, i.e. it exists to serve some other goal, usually effective participation in the democratic process. The other theory, which is deontological or normative, suggests that freedom of speech exists as an end in itself rather than as a means towards accomplishing something else. Of course, these theories are …
Give Use Your Tired, Your Poor, Your Huddled Masses . . . Except When They Have Hiv: An Analysis Of Current United States Immigration Policy Regarding Hiv-Positive Aliens In Light Of Guantanamo Bay, Jason W. Konvicka
University of Richmond Law Review
On September 30, 1991, a party of military leaders overthrew the first democratically elected government in Haitian history. Although Haiti's former president, Jean Bertrand Aristide escaped to safety, many of his supporters were not so fortunate. Numerous Haitians were tortured and killed due to their political affiliation. Fearing similar persecution, thousands of Haitian nationals abandoned their belongings and fled to the high seas in an attempt to reach the United States. Soon thereafter, the United States Coast Guard began interdicting an increasing number of Haitian boats as they made their way into international waters.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This article is intended to advise the general practitioner of significant recent developments that have occurred in the bankruptcy area during the period April 1992 through April 1993. Virginia and federal decisions issued by the Court of Appeals for the Fourth Circuit involving bankruptcy related matters are the main focus of this article.
A Retributive Theory Of The Pardoning Power?, Hugo Adam Bedau
A Retributive Theory Of The Pardoning Power?, Hugo Adam Bedau
University of Richmond Law Review
During the past two decades; the retributive theory of punishment has made remarkable strides in recapturing the affections of penologists. The story has been told elsewhere and need not be reviewed here. For philosophers, if not for others interested in the theory and practice of punishment, a retributive approach holds a double attraction.
Rawls's Excessively Secular Political Conception, Gary C. Leedes
Rawls's Excessively Secular Political Conception, Gary C. Leedes
University of Richmond Law Review
In Political Liberalism, John Rawls clarifies the differences between general theories of human nature and his model of justice. Unlike most philosophers in the Western tradition, Rawls does not place the subject of justice within a comprehensive theory of human behavior. His conception of justice rests solely on a unique "construct" called the "liberal political conception" (LPC). Rawls claims that his freestanding LPC, if adopted by citizens of a constitutional democracy, could unite reasonable persons otherwise divided by their ideologies. As a result,, citizens-given favorable conditions-enjoy the benefits of a stable, well-ordered society.
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
Brecht V. Abrahamson: Another Step Toward Evisceration Of Habeas Corpus, Lisa S. Spickler
University of Richmond Law Review
As the amount of crime in this country increases, society is becoming more conscious of our criminal justice system. People are increasingly concerned with the outcome of criminal trials, specifically in assuring that crimes do not go unpunished. Determining guilt, ensuring that verdicts are not overruled on a "technicality," and issuing punishment have taken precedence over the protection of constitutional rights. However, the Constitution is not only concerned with the outcome of criminal trials. It is just as surely concerned with individual rights and process.
The Revolution That Wasn't: On The Business As Usual Aspects Of Employment At Will, Sid L. Moller
The Revolution That Wasn't: On The Business As Usual Aspects Of Employment At Will, Sid L. Moller
University of Richmond Law Review
With a pronouncement that has become quite familiar to those who follow employment law, a nineteenth century state court captured the employment at will rule in its pristine form: "An employer can fire an employee for good reason, bad reason or for a reason morally wrong, without incurring any liability."
Annual Survey Of Virginia Law: Business And Corporate Law, Richard T. Horan Jr., Thomas E. Repke
Annual Survey Of Virginia Law: Business And Corporate Law, Richard T. Horan Jr., Thomas E. Repke
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions in Virginia courts involving businesses and corporations. Part III discusses several acts of the 1993 session of the Virginia General Assembly that amend Virginia's corporate, partnership, limited liability company and securities act statutes.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr.
University of Richmond Law Review
While the Supreme Court of Virginia handed down decisions of significance dealing with the ownership and operation of real property in the Commonwealth during the past year, in most cases the court was content to apply well-settled law in new fact situations, or to extend the boundaries of such law gently into new territory. The General Assembly, for its part, spent most of its energy clarifying existing legislation or repairing portions of statutes which, either in operation or in prospect, needed relatively minor modifications. The foregoing statements are not intended to belittle the cases which were decided and the legislation …
Child Custody Modification Based On A Parents Non-Marital Cohabitation: Protecting The Best Interests Of The Child In Virginia, Katherine A. Salmon
Child Custody Modification Based On A Parents Non-Marital Cohabitation: Protecting The Best Interests Of The Child In Virginia, Katherine A. Salmon
University of Richmond Law Review
In recent years, courts have been faced with deciding what constitutes "parental fitness" for custody purposes in light of society's changing mores and values. In attempting to define the role that a parent's sexual lifestyle plays in a custody or visitation dispute, courts across the country have lost sight of their ultimate responsibility - to protect the best interests of the child. Instead, courts often seem more concerned with protecting the sexual freedom of unmarried parents than in contemplating the impact cohabitation may have on children. The Court of Appeals of Virginia is no exception.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
The Role Of Executive Clemency In Modern Death Penalty Cases, Bruce Ledewitz, Scott Staples
University of Richmond Law Review
When a governor commutes a sentence of death, typically to one of life imprisonment either with an extended mandatory term or without possibility of parole, how is this action to be understood? As former Governor Pat Brown's book about his commutation decisions illustrates, in a period of widespread support for the death penalty, each commutation contains an appeal for popular support and understanding as to why the decision was made. Where the case for commutation cannot be made to the public's satisfaction, a governor is not likely to act.
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
Due Process In Death Penalty Commutations: Life, Liberty, And The Pursuit Of Clemency, Daniel T. Kobil
University of Richmond Law Review
The idea of the last-minute reprieve granted by a distant, unknowable dispenser of mercy to a man condemned to death has a powerful hold on our imaginations. Fyodor Dostoevsky's eleventh hour pardon by the czar in many ways shaped his literary career. The scene of the haunted Death Row prisoner who awaits word from the governor as a ticking clock punctuates his final hours is a stock vignette of Hollywood crime films. Anyone who has ever seized on the slimmest hope, whose fate has been committed to the hands of another - virtually all of us - can identify with …
The Clemency Process In Virginia, Walter A. Mcfarlane
The Clemency Process In Virginia, Walter A. Mcfarlane
University of Richmond Law Review
When asked to contribute an article on the issue of clemency, I immediately knew the area I wanted to address: the procedural and practical aspects of the clemency process in Virginia. While numerous articles have been written about clemency, few have examined the procedural rules and none have comprehensively studied the executive viewpoint regarding this area of the law.
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
Pardon For Good And Sufficient Reasons, Kathleen Dean Moore
University of Richmond Law Review
The preamble to an executive grant of clemency from the Presi- dent of the United States implies that pardons are granted on the basis of "premises,... good and sufficient reasons." Yet, pardons have not always been regarded as the sort of acts that need to be justified by argument. In fact, most presidential pardons are issued without any statement of justification beyond the assurance that good reasons do exist. As a result, the issue of what constitutes good and sufficient reasons for a presidential pardon is seldom addressed and still unresolved.
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
Executive Clemency In Post-Furman Capital Cases, Michael L. Radelet, Barbara A. Zsembik
University of Richmond Law Review
In the 1972 case of Furman v. Georgia, the United States Supreme Court invalidated virtually all existing death penalty statutes in the United States. Consequently, those jurisdictions that wanted to continue to execute were forced to revise their capital sentencing procedures. Since Furman,nearly all aspects of American death penalty law have been rewritten. Left unchanged by both the courts and the legislatures, however, are the ways in which states decide which death-sentenced inmates will have their sentences commuted through the powers of executive clemency.
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
The Quality Of Mercy: Race And Clemency In Florida Death Penalty Cases, 1924-1966, Margaret Vandiver
University of Richmond Law Review
The scholarly literature on capital punishment includes few empirical studies of executive clemency. Commutations in capital cases have been rare since 1972 when the current era of capital punishment began with the United States Supreme Court's ruling in Furman v. Georgia. A large proportion of pre-1972 death sentences were commuted; examination of clemency decisions in those cases promises to reveal much about the history of capital punishment in the United States. The present study attempts to identify factors which influenced decisions to grant commutations of Florida death sentences pre-Furman, focusing particularly on whether the race of defendants and victims influenced …
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
Federal Executive Clemency Power: The President's Prerogative To Escape Accountability, James N. Jorgensen
University of Richmond Law Review
The United States Constitution vests the President with "power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment." Although Virginia delegate Edmund Randolph raised concerns about the executive branch possibly abusing the pardon power to conceal criminal conduct at the Constitutional Convention, Randolph's colleagues relied upon the presumption that a president would not break the law and defeated his motion to limit presidential pardon power to cases of treason. Recently, the scandalous Iran-Contra affair has demonstrated that, contrary to the Framers' expectations, presidents may circumvent or directly violate federal laws.
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
Indian Tribal Sovereignty And The Environment, Sarah P. Campbell
University of Richmond Law Review
States and Indian tribes alike have compelling reasons for demanding regulatory jurisdiction over the Indian reservations' environments. Proponents of state regulation argue that "[a] state's ability to coordinate a successful and comprehensive hazardous waste management plan depends at least in part on state control of all hazardous waste activity within its borders." In some states, the reservations are not isolated from the activities and residents of the state. In Washington state, for example, some Indian reservations have a high percentage of non-Indian residents, and others contain cities, municipalities, and heavily industrialized areas. This "checkerboard" reservation developed from the federal government's …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Another "Solemn Public Lie", Frederick Bernays Wiener
Another "Solemn Public Lie", Frederick Bernays Wiener
University of Richmond Law Review
When Roger Williams, the founder of Rhode Island, and the founder of religious toleration in what was to become the United States of America, examined the charter that King James I had given the Governor and Company of the Massachusetts Bay in New England, he found in that document two significant misstatements. Williams first pointed out the falsity of the recital wherein the King "blessed God that he was the first Christian Prince that had discovered this land."' He then denounced the royal land grant to the Massachusetts Bay Company, because that land belonged, not to the King, but to …
Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava
Employment-Based Preferences Categories: An Effort To Simplify Has Resulted In More Paperwork, Vishwa B. Bhargava
University of Richmond Law Review
With the passage of the Immigration Act of 19901 ("the Act"), employment-based and family-sponsored immigration underwent sweeping and dramatic reforms. By implementing new criteria for both these areas of immigration, the Act sought to realize its new policy of strengthening American competitiveness in the global economy and to reinforce its prior policy of favoring family reunification. The Act, which was signed into law by President Bush on November 29, 1990, and went into effect on October 1, 1991, "represents the culmination of a decade-long reform process that began with the Select Commission on Immigration and Refugee Policy in 1979." The …
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
During the past year, Virginia's federal courts published surprisingly few antitrust opinions. These few opinions indicate fact-specific analysis and little significant development to the law. However, the decisions reflect the continued difficulties faced by private antitrust plaintiffs alleging conspiracy claims and criminal antitrust defendants prosecuted for conduct which is illegal per se. Antitrust plaintiffs, however, have enjoyed measured, if only temporary, success. For example, the United States Court of Appeals for the Fourth Circuit reversed a grant of summary judgment against a durable medical equipment company alleging monopolization claims against a hospital and its affiliated medical equipment company. In another …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper
University of Richmond Law Review
Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property, juveniles, and construction laws are treated elsewhere in this volume.
Annual Survey Of Virginia Law: Consumer Protection Law, Edward P. Nolde
Annual Survey Of Virginia Law: Consumer Protection Law, Edward P. Nolde
University of Richmond Law Review
This is the first year the University of Richmond Law Review has surveyed Virginia law concerning developments in the area of consumer protection. Thus, this article includes background material as well as recent developments that are more than one year old. Except as background for the current statutes, this survey does not discuss the common law torts of fraud and constructive fraud. Although these common law actions remain important to consumers, they have been discussed in several other recent publications.