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Articles 1 - 30 of 139
Full-Text Articles in Law
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Confronting Death: Sixth Amendment Rights At Capital Sentencing, John G. Douglass
Law Faculty Publications
The Court's fragmentary approach has taken pieces of the Sixth Amendment and applied them to pieces of the capital sentencing process. The author contends that the whole of the Sixth Amendment applies to the whole of a capital case, whether the issue is guilt, death eligibility, or the final selection of who lives and who dies. In capital cases, there is one Sixth Amendment world, not two. In this Article, he argues for a unified theory of Sixth Amendment rights to govern the whole of a capital case. Because both Williams and the Apprendi-Ring-Booker line of cases purport to rest …
In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal
In Memoriam: Robert R. Merhige, Jr., Ronald J. Bacigal
Law Faculty Publications
It is difficult to write about Judge Merhige in an academic journal. His greatness lay not in formulating abstract legal doctrine, but in applying the law to real life situations. When I began researching his biography in 1986, the most pleasant part of the process was personal interviews with the Judge spanning two and a half years and filling some fifty audio tapes. Unfortunately, I was never able to capture his humanity in print and may have done him a disservice by writing his biography the way a law professor does-focusing on the intellectual aspects of his famous cases, rather …
Museletter: November/December 2005, Caroline L. Osborne
Museletter: November/December 2005, Caroline L. Osborne
Museletter
This Issue:
The Patriot Act, by Joyce Manna Janto
Ten Tried and True Tips for Exams
Law at the Movies: Separate Lies by Gail Zwirner
Acknowledgments, R. Kennon Poteat
Acknowledgments, R. Kennon Poteat
University of Richmond Law Review
No abstract provided.
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii
University of Richmond Law Review
No abstract provided.
Bankruptcy Law, Richard C. Maxwell, B. Webb King
Bankruptcy Law, Richard C. Maxwell, B. Webb King
University of Richmond Law Review
No abstract provided.
Wills, Trusts, And Estates, J. Rodney Johnson
Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
Remembering Judge Merhige, Michael W. Smith
Remembering Judge Merhige, Michael W. Smith
University of Richmond Law Review
No abstract provided.
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne
University of Richmond Law Review
No abstract provided.
Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen
Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen
University of Richmond Law Review
No abstract provided.
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
Product Liability Law, Gary J. Spahn, Brent M. Timberlake
University of Richmond Law Review
While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …
Preface, R. Kennon Poteat
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal
University of Richmond Law Review
No abstract provided.
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles
University of Richmond Law Review
No abstract provided.
Tribute To Judge Merhige, Orran L. Brown
Tribute To Judge Merhige, Orran L. Brown
University of Richmond Law Review
No abstract provided.
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla
University of Richmond Law Review
No abstract provided.
Health Courts: Panacea Or Palliative?, Carl W. Tobias
Health Courts: Panacea Or Palliative?, Carl W. Tobias
University of Richmond Law Review
No abstract provided.
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii
University of Richmond Law Review
This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.
Construction Law, K. Brett Marston, J. Barrett Lucy
Construction Law, K. Brett Marston, J. Barrett Lucy
University of Richmond Law Review
Since the last survey of this topic published in the fall of 2000, construction law in Virginia has continued to evolve in an array of areas involving issues such as claims on surety bonds, claims against public entities, construction-related products like Exterior Insulation Finishing Systems ("EIFS"), and mechanic's liens. These changes have implicated and better defined legal principles including the "no damage for delay" clause on public contracts, requirements for privity in breach of warranty claims, and implied indemnification. The significant issues in construction law have arisen both in a number of significant judicial decisions, mostly from the Supreme Court …
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough
University of Richmond Law Review
This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
Labor And Employment Law, W. David Paxton, Gregory R. Hunt
University of Richmond Law Review
It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …
Taxation, Craig D. Bell
Taxation, Craig D. Bell
University of Richmond Law Review
This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth
University of Richmond Law Review
In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …
Once And Future Copyright, James Gibson
Once And Future Copyright, James Gibson
Law Faculty Publications
Copyright is like a well-meaning but ultimately bothersome friend, eager to help but nearly impossible to get rid of. It attaches indiscriminately to the simplest acts of expression, without regard for whether the author needs or wants its protection. This automatic propertization made sense in the print era, when mass distribution of information was an expensive process rarely undertaken by those with no plans to profit from their creativity. It makes little sense today. The following article shows that copyright's overly solicitous nature is the source of several seemingly unrelated and intractable problems - e.g., closed code, copyright as censorship, …
Google's (Fair) Use Of Copyrighted Work, James Gibson
Google's (Fair) Use Of Copyrighted Work, James Gibson
Law Faculty Publications
Letters to the Editor on Google's (Fair) Use of Copyrighted Work
Museletter: October 2005, Caroline L. Osborne
Museletter: October 2005, Caroline L. Osborne
Museletter
This Issue:
HeinOnline by Caroline Osborne
Fall Back/Backk Up by Kimberly Wiseman
Law at the Movies: In Her Shoes by Gail Zwirner
Museletter: September 2005, Caroline L. Osborne
Museletter: September 2005, Caroline L. Osborne
Museletter
This Issue:
BNA Online by John R. Barden
But What If We Don't Have It? Making Interlibrary Loan Requests by Gail Zwirner, Head of Access Services
Recreational Reading Anyone?
Museletter: August 2005, Caroline L. Osborne
Museletter: August 2005, Caroline L. Osborne
Museletter
This Issue:
Welcome New and Returning Students by Timothy L. Coggins
Did You Know??? Questions Frequently Asked
New Reference? By John Barden
Welcome New and Returning Students from Technical Services
Greetings from the Law Library's Access Services Department by Gail Zwirner
Richmond Law Magazine: Summer 2005
Richmond Law Magazine: Summer 2005
Richmond Law Magazine
Features:
Fear, Irrationality, and Risk Perception
A Judge's Legacy
Their Day in Court
History Unearthed