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1995

University of Richmond Law Review

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Full-Text Articles in Law

The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey Jan 1995

The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey

University of Richmond Law Review

The majority rule in America for the amendment and termination of trusts was first adopted in Claflin v. Claflin and came to be known as the Claflin Doctrine. This rule states that "a testator has a right to dispose of his own property with such restrictions and limitations, not repugnant to law, as he sees fit, and that his intentions ought to be carried out, unless they contravene some positive rule of law, or are against public policy." In effect, the Claflin Doctrine is codified in the Restatement (Second) of Trusts, which states that trust beneficiaries cannot compel a trust ...


Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams Jan 1995

Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams

University of Richmond Law Review

The Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA, a.k.a. "Superfund")' has earned its share of criticism, most volubly for the expense and unfairness of its cost allocation scheme, but also for its remedy selection process. In deciding how to remediate sites, CERCLA employs a lengthy formal process that, on average, takes over eight years from site awareness to the selection of a remedy. Less damningly, perhaps, only the last fifty-eight months of that time elapses after the site is scored as one serious enough to be placed on the National Priorities List as a site eligible to ...


Foreword, John M. Holloway Iii Jan 1995

Foreword, John M. Holloway Iii

University of Richmond Law Review

At the question and answer session following the Panel that examined the Kepone litigation twenty years later, Judge Merhige posed the "question that no one has asked... did [I do] the right thing?" The settlement that created the Virginia Environmental Endowment with the contribution from Allied Chemical remains both controversial and innovative today. This Symposium is a product of that settlement and it was created with the hope that we, as citizens and policy-makers, will continue to ask ourselves Judge Merhige's question. We also hope that the State of the Chesapeake Bay Symposium and that the annual Robert R ...


Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr. Jan 1995

Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.

University of Richmond Law Review

This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling ...


Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii Jan 1995

Annual Survey Of Virginia Law: Workers' Compensation, Wood W. Lay, Bruin S. Richardson Iii

University of Richmond Law Review

The Annual Survey last addressed Virginia Workers' Compensation law in 1992. The Virginia Workers' Compensation Commission [the Commission] decides almost 1500 decisions a year and, on average, 300 of these are appealed to the Court of Appeals of Virginia. Consequently, this article discusses only the most significant developments in workers' compensation between January 1993 and June 1995. In doing so, the article attempts to highlight areas of controversy and inconsistency.


Annual Survey Of Virginia Law: Employment Law, Paul G. Beers Jan 1995

Annual Survey Of Virginia Law: Employment Law, Paul G. Beers

University of Richmond Law Review

This article focuses upon Virginia employment law between June 1994 and May 1995. Special topics, such as public sector employment and unemployment compensation, lie outside the scope of this article, as do developments under federal statutes.


Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts Jan 1995

Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts

University of Richmond Law Review

In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.


Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer Jan 1995

Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer

University of Richmond Law Review

The Emroch Lecture series was established through the generosity of the late Mr. Emanuel Emroch, his wife Bertha, and other family members and friends. Mr. Emroch held both undergraduate and law degrees from the University of Richmond. He was a distinguished civil trial practitionerin the City of Richmond for many years. Mr. Emroch was listed in Best Lawyers of America, was a Fellow of the International Academy of Trial Lawyers, and of the American College of Trial Lawyers, and was a charter member and past president of the Virginia Chapter of the American Board of Trial Advocates. He was also ...


The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene Jan 1995

The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene

University of Richmond Law Review

The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating ...


Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones Jan 1995

Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones

University of Richmond Law Review

Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.


Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater Jan 1995

Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater

University of Richmond Law Review

The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.


Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr. Jan 1995

Annual Survey Of Virginia Law: Environmental Law, Brian L. Buniva, James R. Kibler Jr.

University of Richmond Law Review

Since publication of the 1994 Annual Survey of Virginia Law' several significant judicial decisions, state statutes and state regulatory initiatives have demonstrated the increasing nexus between federal and Virginia environmental law. The federal and state courts have helped define the interrelationships between environmental law, tort law, land use law, and procedural/jurisdictional issues related to environmental law.


Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon Jan 1995

Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon

University of Richmond Law Review

This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia's campaign and election laws. Thus, this article provides a general overview of the laws governing state and local candidates concerning (1) qualifications for candidacy, (2) campaign finance, and (3) campaign and election misconduct.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1995

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1995 Session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia. In addition to this legislation, there were five Supreme Court of Virginia opinions and one Fourth Circuit opinion in the year ending June 1, 1995 that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.


University Of Richmond Law Review Index Jan 1995

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Volume XXIX.


Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan Jan 1995

Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan

University of Richmond Law Review

Historic preservationists in Virginia have a legislative tool to challenge a utility that seeks to erect a power line near a historical area. A public utility seeking approval of a proposed transmission line route must not only obtain a certificate of convenience and necessity pursuant to section 56-265.2 of the Virginia Code, but it must also comply with section 56-46.1 as well. With the passage of section 56-46.1, any interested party has the right to notice and the right to a hearing before the State Corporation Commission (SCC or Commission) when a power line siting decision is ...


Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones Jan 1995

Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones

University of Richmond Law Review

The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.


Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen Jan 1995

Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen

University of Richmond Law Review

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.


From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager Jan 1995

From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager

University of Richmond Law Review

In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.


Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner Jan 1995

Annual Survey Of Virginia Law: Property Law, L. Charles Long Jr., Gina M. Burgin, Pamela B. Beckner

University of Richmond Law Review

This article reviews selected judicial decisions and legislation affecting real property law in Virginia during the past year. Part I discusses some of the more significant cases decided by the Supreme Court of Virginia. Part II discusses some of this year's most significant legislation enacted by the Virginia General Assembly.


The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner Jan 1995

The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner

University of Richmond Law Review

The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.


Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts Jan 1995

Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts

University of Richmond Law Review

In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.


Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill Jan 1995

Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill

University of Richmond Law Review

Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.


University Of Richmond Law Review Jan 1995

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr. Jan 1995

Annual Survey Of Virginia Law: Civil Practice And Procedure, Donald P. Boyle Jr.

University of Richmond Law Review

In Burroughs v. Palumbo, defendant was served with process through the Secretary of the Commonwealth. The grounds of defense was due to be filed on September 22, 1994. On September 29, 1994, defendant filed the notice of removal in federal court. On September 30, 1994, the state court entered default judgment against defendant. Later that same day, defendant filed the notice of removal with the state court. Between the time that defendant filed the notice of removal in federal court and the time that he filed it with the state court, both courts had jurisdiction over the case; therefore the ...


Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy Jan 1995

Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy

University of Richmond Law Review

On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under ...


Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb Jan 1995

Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb

University of Richmond Law Review

In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- ...


"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti Jan 1995

"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti

University of Richmond Law Review

Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting ...