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1992

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Annual Survey Of Virginia Law: Administrative Law, James N. Christman Jan 1992

Annual Survey Of Virginia Law: Administrative Law, James N. Christman

University of Richmond Law Review

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.


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: Criminal Law And Procedure, Steven D. Benjamin Jan 1992

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.


Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee Jan 1992

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.


Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1992

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …


Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1992

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

University of Richmond Law Review

The 1992 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 (the Code). In addition, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve 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.


Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg Jan 1992

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg

University of Richmond Law Review

Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.


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.


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 …


The Paradox Of United State Democracy, C. A. Gearty Jan 1992

The Paradox Of United State Democracy, C. A. Gearty

University of Richmond Law Review

This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.


Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers Jan 1992

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers

University of Richmond Law Review

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …


Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney Jan 1992

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney

University of Richmond Law Review

In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …


Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd Jan 1992

Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd

University of Richmond Law Review

In a resounding victory for women's and workers' rights, the U.S. Supreme Court has found that a Wisconsin battery manufacturer, in barring women without proof of infertility from jobs involving exposure to lead, violated the Civil Rights Act of 1964.


The Role Of The Modern Supreme Court, Ronald D. Rotunda Jan 1992

The Role Of The Modern Supreme Court, Ronald D. Rotunda

University of Richmond Law Review

In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that branch to safeguard the limitations drafted into the Constitution. While the judiciary is "incontestably" and "beyond comparison the weakest of the three departments of power," he conceded, nonetheless, the constitutional limitations on legislative excess "can be preserved in practice no other way than through the medium of courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void."


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, …


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.


Nirvana, Josh Hockensmith Jan 1992

Nirvana, Josh Hockensmith

The Messenger

No abstract provided.


Pure, Alexia Meyers Jan 1992

Pure, Alexia Meyers

The Messenger

No abstract provided.


Untitled, Amy Snyder Jan 1992

Untitled, Amy Snyder

The Messenger

No abstract provided.


The Creator To His Restless Creation, Rich Miller Jan 1992

The Creator To His Restless Creation, Rich Miller

The Messenger

No abstract provided.


Self P., Chris Foley Jan 1992

Self P., Chris Foley

The Messenger

No abstract provided.


Self Portrait, Chris Grier Jan 1992

Self Portrait, Chris Grier

The Messenger

No abstract provided.


From Decentralization To Centralization: Members' Changing Expectations For House Leaders, Daniel J. Palazzolo Jan 1992

From Decentralization To Centralization: Members' Changing Expectations For House Leaders, Daniel J. Palazzolo

Political Science Faculty Publications

Before the reforms of the 1970s, at least since the revolt against Speaker Joseph G. Cannon in 1910, party leaders of the House of Representatives performed tasks designed to mediate party interests both within and outside of the House. Within the House, their most important functions included organizing the party, scheduling bills, building coalitions, distributing and collecting information, and maintaining party harmony (Ripley 1967). Meanwhile, committee chairs exercised the most discretion over specific policy issues. Outside of the House, the Speaker acted as a mediator between the majority party and the, president, especially if the president was of the same …


Gathered Fragments Vol. Iv No. 1 Jan 1992

Gathered Fragments Vol. Iv No. 1

Gathered Fragments

No abstract provided.


Understanding The Importance Of Eperythrozoon Ovis Infection In Sheep, Marc Kabay Jan 1992

Understanding The Importance Of Eperythrozoon Ovis Infection In Sheep, Marc Kabay

Journal of the Department of Agriculture, Western Australia, Series 4

Assigning priorities for research on sheep diseases relies in part on understanding the prevalence and economic impact of each disease.

Eperythrozoon ovis infection in sheep, for example is a common, but not costly, disease.


The Sheep Lice Detection Test, Peter Morcombe Jan 1992

The Sheep Lice Detection Test, Peter Morcombe

Journal of the Department of Agriculture, Western Australia, Series 4

Sheep farmers would agree it is difficult to find sheep lice when carrying out an inspection.

The lice detection test makes this task easier and helps farmers decide how to control lice. The test also helps community liaison groups with eradication of lice infestations in specific areas, and provides data for epidemiologists to monitor changes in prevalence of lice and efficacy of treatments. Tests are much cheaper than flock inspection on the farm.

The present lice detection test was developed by the Australian Wool Testing Authority (A WTA) and introduced as an integral part of the Western Australian Sheep Lice …


Breeding Better Malting Barleys, Ross Gilmour, Allen Tarr, Stefan Harasymow Jan 1992

Breeding Better Malting Barleys, Ross Gilmour, Allen Tarr, Stefan Harasymow

Journal of the Department of Agriculture, Western Australia, Series 4

Development of new barley cultivars in Western Australia has substantially improved the grain yield and quality of the State's barley crop. This has increased returns to barley growers and enhanced Western Australia's reputation in export markets as a major supplier of barley for malting and feed.

The State exports more than 200, 000 t of malting barley, 60, 000 t of barley malt and 150, 000 t of feed barley each year.

The major challenge for the future is to develop new, high yielding cultivars with improved malting quality.

In this article, the authors discuss the achievements of the past; …


Australian Genetic Resources Of Trifolium And Ornithopus Species, Richard Snowball, Kevin Foster, Bill Collins Jan 1992

Australian Genetic Resources Of Trifolium And Ornithopus Species, Richard Snowball, Kevin Foster, Bill Collins

Journal of the Department of Agriculture, Western Australia, Series 4

The introduction of improved pasture legumes into the cereal growing areas of southern Australia changed the face of our agricultural systems.

Subterranean clover was the first pasture legume to have a major impact, and the first varieties were available commercially in the 1930s. Since then, many varieties have been released, leading to the most recent release of Denmark, Gou/bum and Leura in 1992.

The development of burr, barrel and murex medics also had an impact on the pasture production of less acid heavy soils. Yellow serradella is still being developed for the more acid sandy soils.

This development of improved …


Contents, Department Of Agriculture And Food, Western Australia Jan 1992

Contents, Department Of Agriculture And Food, Western Australia

Journal of the Department of Agriculture, Western Australia, Series 4

No abstract provided.


The Pros & Cons Of Retaining Stubble, Department Of Agriculture And Food, Western Australia Jan 1992

The Pros & Cons Of Retaining Stubble, Department Of Agriculture And Food, Western Australia

Journal of the Department of Agriculture, Western Australia, Series 4

Few farmers in Western Australia today would question the desirability of retaining crop stubble. The problem usually is how to manage stubble so that it does not interfere with other parts of the farming system