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Articles 1 - 12 of 12
Full-Text Articles in Law
Environmental Law, Caleb A. Jaffe, Sean M. Carney
Environmental Law, Caleb A. Jaffe, Sean M. Carney
University of Richmond Law Review
No abstract provided.
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
Celebrating The Twenty-Fifth Issue Of The Annual Survey Of Virginia Law, Marguerite R. Ruby, Sarah Warren S. Beverly
University of Richmond Law Review
No abstract provided.
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore
University of Richmond Law Review
Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
Much Ado About Nothing Much: Protestant Episcopal Church In The Diocese Of Virginia V. Truro Church, Henry L. Chambers Jr., Isaac A. Mcbeth
University of Richmond Law Review
This essay reviews the issues the Supreme Court of Virginia resolved in Truro and notes important issues it did not resolve. Part II supplies the factual background and procedural history ofthe dispute. Part III summarizes the court's opinion and the reasoning underlying its determination that Virginia Code section57-9(A) is not applicable to this particular action. Part IV critiques the opinion, noting the issues the court resolved and how it resolved them. Part V briefly addresses issues that remain unresolved by the court's decision and discusses the implications of leaving those issues unresolved. Part VI presents the authors' conclusions.
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
Medical Malpractice Law, Sean P. Byrne, Lauran G. Stimac
University of Richmond Law Review
Health care reform took center stage on a national level overthe past year. Despite suggestions that medical liability reform might be incorporated into the federal legislation, in the end, it was not. Similarly, this year saw few legislative developments at the state level in medical malpractice law, as the Virginia General Assembly focused its energy primarily on the budget shortfall and other issues. There were, however, several health care legislative and case developments of note which will impact the medical liability landscape in the coming years. Board of Medicine activity and medical malpractice trial results of interest are also highlighted …
Taxation, Craig D. Bell
Appellate Law, L. Steven Emmert
Appellate Law, L. Steven Emmert
University of Richmond Law Review
No abstract provided.
Community Development Authorities, Andrew A. Painter
Community Development Authorities, Andrew A. Painter
University of Richmond Law Review
Today, CDAs of varying sizes and purposes have been authorized by at least fourteen Virginia localities, and approximately twenty have issued bonds." Despite progress, CDAs occupy anarea of Virginia law largely in its infancy. Case law directly related to their use remains limited, and many localities remain uncertain about their use since the unique marriage of private development and public power inherent in the CDA process has, at times, fostered controversy and apprehension. While this article does not directly address the public policy implications of using CDAs to finance infrastructure, the author hopes this review will generate further ideas for …
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Sextual Healing: Solving The Teen To Teen Sexting Problem In Virginia, Samuel T. Bernier
Law Student Publications
This comment analyzes how teen-to-teen sexting is presently addressed under the Code of Virginia. It also addresses the statutes under which Janie and her friends may be convicted for their various indiscretions as well as some of the long term consequences of those convictions. Additionally, it addresses the recent Virginia State Crime Commissions report on teen-to-teen sexting.
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio
Access Denied: Sexual Victimization Of Juveniles In Correctional Facilities -- How Senate Bill 585 Could Have Helped, Jillian Malizio
Law Student Publications
The right to counsel is a fundamental right, one the framers of our Constitution intended to apply to all American citizens. Virginia statutes and case law have protected the rights of incarcerated adults and it is now time to grant those same protections to the juveniles in their custody. Part II of this comment will review the requirement of a prisoner’s right to “meaningful access” to the courts from both an adult and juvenile’s perspective. An examination of jurisprudence from the Supreme Court of the United States, and Circuit Courts, reveals the history and importance of “meaningful access” and shows …
Legal Preparedness For Pandemic Influenza: Is Virginia Ready?, Kristen Digirolamo
Legal Preparedness For Pandemic Influenza: Is Virginia Ready?, Kristen Digirolamo
Law Student Publications
This paper attempts to identify the legal issues at stake during a pandemic and how those issues need to be discussed as a whole when preparing. Part II of this paper will give a brief description of pandemic influenza and look at the Spanish Flu pandemic of 1918. Part III will examine the origins of legal authority during a pandemic at the federal, state, and local levels of government. Part IV will look at some of the specific legal issues that may arise during a pandemic and discuss what decision-makers need to be thinking about in order to plan comprehensively. …
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2009-2010), J. Rodney Johnson
Wills, Trusts And Estates (Annual Survey Of Virginia Law, 2009-2010), J. Rodney Johnson
Law Faculty Publications
The 2010 Session of the General Assembly enacted wills, trusts, and estates legislation (i) adopting the Uniform Power of Attorney Act, (ii) passing emergency legislation for the construction of tax-oriented wills and trusts of persons who die during 2010 with documents drafted prior thereto, (iii) revising the small-estate statutes, and (iv) clarifying the burial power of attorney. In addition, there were six other enactments, and seven opinions from the Supreme Court of Virginia during the one-year period ending June 1, 2010 that present issues of interest in this area. This article reports on all of these legislative and judicial developments, …