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Articles 1 - 30 of 52
Full-Text Articles in Law
The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray
The Evolution Of Implied Warranties In Commercial Real Estate Leases, Paula C. Murray
University of Richmond Law Review
Landlord-tenant law has undergone a major change since it was first developed in England in the Middle Ages. During feudal times, the lease was considered a conveyance of real property. The landlord transferred possession of the property and in return the tenant paid rent. The lease covenants existed independently of each other. Thus, if the landlord breached the lease, the tenant was not relieved of his obligation to pay rent. The landlord owed no obligation to the tenant other than the assurance of quiet enjoyment of the property. The tenant bore all the risk of the physical condition of the …
Legal Advice Toward Illegal Ends, Joel S. Newman
Legal Advice Toward Illegal Ends, Joel S. Newman
University of Richmond Law Review
Suppose you discovered a wonderful fishing hole hidden on some public lands. Would you be obligated to tell others about it? Of course not. But, could you go out of your way to hide its existence? Of course not-especially not from your friends.
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
Putting The Brakes On Carjacking Or Accelerating It? The Anti Car Theft Act Of 1992, F. Georgann Wing
University of Richmond Law Review
"We cannot put up with this kind of animal behavior. These people have no place in decent society, and ... they can go to jail and they can stay in jail and they can rot in jail for crimes like that." Soon after speaking those words, on October 25, 1992, President George Bush signed the Anti Car Theft Act of 1992 in Detroit, Michigan. For the citizens of Detroit, it was a fitting response to the crime that was coined "carjacking" and popularized in the same city-the Motor City-in the heat of the summer of 1991. Earlier federal legislation, the …
Annual Survey Of Virginia Law: Business And Corporate Law, Thomas E. Repke
Annual Survey Of Virginia Law: Business And Corporate Law, Thomas E. Repke
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses several acts of the 1994 session of the Virginia General Assembly that amend Virginia's corporate, partnership, and limited liability company statutes. Part III discusses recent judicial decisions in Virginia courts that address business and corporate law issues.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
Annual Survey Of Virginia Law: An Overview Of Automobile Liability Insurance In Virginia, Eileen N. Wagner, Jason W. Konvicka, Deborah M.B. Mcconnell
University of Richmond Law Review
Automobile liability insurance coverage is considered one of the basic necessities of modern living, following closely on the heels of shelter and food. This priority is the outgrowth of two facts of life: one, that automobile transportation is practically unavoidable and two, that automobile accidents are practically inevitable. Thus, the shadow of liability for the damage and the suffering of automobile accidents falls across most of the American population. Because the losses which may be sustained by the negligent-and the innocent alike-are so great, the need for protection has escalated to the top of modern society's list of indispensable commodities. …
Annual Survey Of Virginia Law: Employment Law, Paul G. Beers
Annual Survey Of Virginia Law: Employment Law, Paul G. Beers
University of Richmond Law Review
The focus of this article is upon employment law in Virginia during 1993 and the first half of 1994. In addition, significant judicial decisions from 1992 are covered. Workers' compensation and unemployment compensation are excluded as topics. Public sector employment law also lies outside the scope of this article. Nevertheless, two decisions of the Supreme Court of Virginia which involve public employees are analyzed. The most turbulent and rapidly evolving area of Virginia employment law lies in tort. The decisions discussed below indicate that employees stand only a modest chance of recovering against their employers in wrongful discharge suits based …
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
Avoiding Takings "Accidents": A Tort Perspective On Takings Law, Eric Kades
University of Richmond Law Review
Viewing the Takings Clause of the Fifth Amendment as a form of insurance appeals to our intuition. The government, like fire, does not often "take" property, but when faced with extraordinary risk property owners naturally desire compensation. Recent scholarship, however, has dissolved the attractiveness of this perspective. This literature, through economic analysis, claims that the Takings Clause should be repealed and replaced with private takings insurance. This is the "no-compensation" result.
Torpedoing The Uniformity Or Maritime Law: American Dredging V. Miller, Joseph P. Bradley
Torpedoing The Uniformity Or Maritime Law: American Dredging V. Miller, Joseph P. Bradley
University of Richmond Law Review
Under the United States Constitution, federal courts have exclusive jurisdiction over cases involving maritime and admiralty issues. Notable exceptions to this exclusivity arise under the "savings to suitors" clause, created by the Judiciary Act of 1789. Under this clause, state courts may hear cases involving maritime or admiralty disputes when state law adequately provides a remedy. Within these suits, however, the state courts must apply substantive federal maritime law under the doctrine of preemption and federal supremacy. Yet, the state courts may provide remedies and attach requirements to those remedies as they see fit, except when these provisions cause material …
Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson
Liteky V. United States: The Supreme Court Restricts The Disqualification Of Biased Federal Judges Under Section 455(A), Lori M. Mcpherson
University of Richmond Law Review
One of the basic tenets of our judicial system is the right of litigants to have a neutral and impartial judge preside over their case. Over the last two hundred years, American legislatures and courts have sought to "secure the impartiality of trial judges by requiring judges to disqualify themselves in various circumstances." The latest Supreme Court case to consider the issue of judicial disqualification was Liteky v. United States.
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
A Typology Of Transjudicial Communication, Anne-Marie Slaughter
University of Richmond Law Review
Courts are talking to one another all over the world. Mary Ann Glendon describes a "brisk international traffic in ideas about rights," conducted by judges. "In Europe generally," she adds, "and in Australia, Canada, and New Zealand, national law is increasingly caught up in a process of cross-fertilization among legal systems."
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
Command Responsibility In The Former Yugoslavia: The Chances For Successful Prosecution, Christopher N. Crowe
University of Richmond Law Review
On 22 February 1993, the United Nations Security Council passed Resolution 808 calling for the establishment of an international tribunal for the prosecution of persons responsible for "serious violations of international humanitarian law committed in the territory of former Yugoslavia." The resolution also asked the Secretary-General to submit to the Security Council for consideration a report on aspects of the tribunal considering "suggestions put forward in this regard by Member states." In May, Secretary-General Boutros Boutros-Ghali issued his report and proposed the Statute of the International Tribunal ("Statute"), designed to govern the tribunals establishment and operation.
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
The Problem Of Concurrent Use Of Trademarks: An Old/New Proposal, David S. Welkowitz
University of Richmond Law Review
It is an old problem in trademark law. Someone develops a trademark and starts using it on goods or services. Business improves and the company slowly expands into different areas of the country. Sooner or later this first user discovers that someone else in another part of the country is using the same mark on the same goods. Although the second user started using the mark after the first user, the second use was made without knowledge of the first user. The next thing you know, there is a lawsuit. In such a case, who should win?
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
Agency Action, Finality And Geographical Nexus: Judicial Review Of Agency Compliance With Nepa's Programmatic Environmental Impact Statement Requirement After Lujan V. National Wildlife Federation, Matthew C. Porterfield
University of Richmond Law Review
In recent years, there has been an increasing recognition of the need to address the complex and interrelated impacts that result from human interaction with the environment. One of the most effective tools for evaluating these impacts has been the preparation of programmatic environmental impact statements (EISs) pursuant to the National Environmental Policy Act of 1969 (NEPA). The status of programmatic EISs, however, has been called into question by the Supreme Court's decision in Lujan v. National Wildlife Federation, which has been interpreted by numerous commentators as heralding the end of "programmatic" environmental lawsuits. Even more significantly, Lujan has been …
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
Rico And The "Operation Or Management" Test: The Potential Chilling Effect On Criminal Prosecutions, Ira H. Raphaelson, Michelle D. Bernard
University of Richmond Law Review
For more than two decades, prosecutors, plaintiffs' lawyers, the civil and criminal defense bar, and the dourts have struggled with the coverage of the Racketeer Influenced Corrupt Organizations Act ("RICO" or the "Act"). The Supreme Court has interpreted the Act many times in both criminal and civil cases. For the most part, the high Court has applied the mandatory "liberal" interpretation language of the law to expand the scope of the statute in criminal cases. However, in the civil cases considered, the Supreme Court has generally restricted the scope of the Act.
Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery
Munchausen Syndrome By Proxy: Broadening The Scope Of Child Abuse, Michael T. Flannery
University of Richmond Law Review
In July 1989, five-month-old Ryan Stallings spent two weeks in a hospital after suffering abdominal pains. Ryan was subsequently placed in a foster home when police suspected that he ingested antifreeze while in the care of his mother, twenty-four-year-old Patricia Stallings. Police became suspicious of Patricia because Ryan could not walk and thus was unlikely to ingest antifreeze accidentally. Patricia was allowed to visit Ryan once every week while he remained in foster care under the supervision of the Missouri Division of Family Services. Shortly after her visit on August 31, 1989, Ryan was readmitted to the hospital with symptoms …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Administrative Aspects Of State Corporation Law, M. Thomas Arnold
Administrative Aspects Of State Corporation Law, M. Thomas Arnold
University of Richmond Law Review
Modern state corporation statutes are primarily enabling rather than regulatory in nature. In spite of this, there are certain administrative aspects of such statutes with which an attorney practicing in the corporate area must be familiar. This article discusses these administrative aspects of state corporation law.
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
Considering Religion As A Factor In Foster Care In The Aftermath Of Employment Division, Department Of Human Resources V. Smith And The Religious Freedom Restoration Act, Thomas J. Cunningham
University of Richmond Law Review
Most rights considered by Americans to be "fundamental" are granted a special level of protection by the decisions of the United States Supreme Court. The standard is often described as "strict scrutiny" or "compelling interest." Under this standard of protection, a state must have more than just a good reason for writing legislation that encroaches upon its citizens' fundamental rights. Rather, the state must be able to prove a "compelling" interest in achieving some desired result, a result which necessitates the curtailment of fundamental rights. In 1990, however, the United States Supreme Court substantially restricted a right from this list: …
Tax Treatment Of Contingent Liabilities: The Need For Reform, Ellen H. De Mont
Tax Treatment Of Contingent Liabilities: The Need For Reform, Ellen H. De Mont
University of Richmond Law Review
The proper tax treatment of the assumption of deductible and nondeductible contingent liabilities' for both the buyer and seller in transactions involving taxable asset acquisitions is currently under debate. Case law precedents and the current state of the law are contradictory or, at best, uncertain. Authority on the buyer's side in particular is undefined and authority on the seller's side is sparse. From a tax policy perspective, it is desirable to avoid rules that yield inconsistent results. A healthy economy depends in part upon businesses being able to make decisions based upon expected tax consequences, and currently, a comfortable level …
Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith
Diversifying The Judiciary: The Influence Of Gender And Race Of Judging, Susan Moloney Smith
University of Richmond Law Review
In 1978, political scientist Beverly Blair Cook wrote Women Judges: The End of Tokenism for a publication of the National Center for State Courts. She observed that the "national proportion of women judges has matched the national proportion of women lawyers on a time lag basis." She compared the number of women law graduates with the number of women judges, finding that in the 1960s, women composed 1-2% of the legal profession and accounted for 1-2% ofjudges. With women repre- senting 4% of all law graduates in the 1960s, the number of women judges increased to 4% in the 1970s. …
Withrow V. Williams And Collateral Review Of Miranda Violations: The Supreme Court Rejects The Rule Of Stone V. Powell Under A Revised View Of Applicable Prudential Concerns, John K. Byrum Jr.
University of Richmond Law Review
More than fifty years before ratification of the Fourth and Fifth Amendments to the Constitution, Lord Camden observed: [I]t is very certain, that the law obligeth no man to accuse himself; because the necessary means of compelling self-accusation, falling upon the innocent as well as the guilty, would be both cruel and unjust; and it should seem, that search for evidence is disallowed upon the same principle. There, too, the innocent would be confounded with the guilty. Over one hundred years later, in Mapp v. Ohio, the Supreme Court affirmed this relationship between Fourth and Fifth Amendment liberties, holding that …
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
City Of Cincinnati V. Discovery Network, Inc.: Towards Heightened Scrutiny For Truthful Commercial Speech?, Robert T. Cahill Jr.
University of Richmond Law Review
Only recently' has the Supreme Court given First Amendment protection to commercial speech. Initially, the Court refused to extend constitutional protection to commercial utterances. In Valentine v. Chrestensen, the Court, without citing any precedent, held that "we are equally clear that the Constitution imposes no such restraint on government as respects purely commercial advertising." However, soon after the Chrestensen decision, in the wake of post-war economic development, the Court began to express doubt about its validity. This doubt eventually culminated in Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
Money Laundering And Drug Trafficking: A Question Of Understanding The Elements Of The Crime And The Use Of Circumstantial Evidence, Thomas M. Dibiagio
University of Richmond Law Review
Drug trafficking in the United States generates millions of dollars in cash profits daily. The cash generated from narcotics trafficking usually follows one of two distinct paths. Domestically, the profits are converted into usable currency by disguising the association between the cash and the narcotics enterprise. Monies not spent domestically are transferred back to the nar- cotics source or drug cartel to be enjoyed by the drug traffickers and to provide operating capital for the enterprise. This conversion and transfer process has become known commonly as money laundering.
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
Brooke Group Ltd. V. Brown & Williamson Tobacco Corp.: A Victory For Consumer Welfare Under The Robinson-Patman Act, Keith Allen May
University of Richmond Law Review
The preservation of competition among business entities is vital to the success of any economy. Recognizing the importance of competition, the United States Congress has passed antitrust laws that seek to enhance productivity and protect consumers. Although the antitrust laws, like all statutes, are vulnerable to a variety of different interpretations, "[t]he language of the antitrust statutes, their legislative histories, the major structural features of the antitrust law, and considerations of the scope, nature, consistency, and ease of administration of the law all indicate that the law should be guided solely by the criterion of consumer welfare." The antitrust laws …
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
Taking The Sizzle Out Of The Frye Rule: Daubert V. Merrell Dow Pharmaceuticals Opens The Door To Novel Expert Testimony, Kimberly Ann Satterwhite
University of Richmond Law Review
In Frye v. United States, the Court of Appeals of the District of Columbia affirmed a trial court's exclusion of lie detector test results on the ground that such tests had not been "generally accepted" by the scientific community. The Frye rule, or "general acceptance" standard, quickly became the dominant test for the admission of scientific evidence. Decided in 1923, Frye governed evidentiary decisions in a majority of federal circuits for the next seventy years. The adoption of the Federal Rules of Evidence in 1975, however, prompted several judges to question the validity of Frye. Since the enactment of the …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
Classifications That Disadvantage Newcomers And The Problem Of Equality, Robert C. Farrell
University of Richmond Law Review
For those concerned with the substantial fiscal problems of government, we have a solution. The solution is - Newcomers. Newcomers are those who will become part of our community in the future but who are not here yet. Like unidentified holders of a contingent remainder, newcomers are not yet around to vote, to peddle influence, or to protect their turf. Since newcomers are not here to complain, now is the time to shift burdens onto their shoulders. Make them pay a larger share of taxes. Assign to them a smaller share of government largesse. Thanks to disarray in American policy …
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
Partially Disabled And Religious: Virginia Workers' Compensation And The Free Exercise Clause, Brydon Dewitt
University of Richmond Law Review
The Virginia Workers' Compensation Act denies wage loss benefits to partially disabled employees who unjustifiably reject employment procured by their employer which is within their remaining work capacity. Section 65.2-510 of the Virginia Code provides that "[i]f an injured employee refuses employment procured for him suitable to his capacity, he shall only be entitled to the benefits provided for in section 65.2-603 during the continuance of such refusal, unless in the opinion of the Commission such refusal was justified." Essentially, unjustified refusal of selective employment within the employee's work capacity results in a suspension in wage loss benefits until the …