Law Commons^™

The Cumulation Of The Abortion Reform Movement

University of Richmond Law Review

We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1972-1973, University Of Richmond

Law School Catalogues

General Statement:

The Law School, established as a part of Richmond College in 1870, celebrates its Centennial this session. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, …

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson

Law Faculty Publications

The equity side of the court of exchequer "is by far the most obscure of all the English jurisdiction," declared Plucknett. The purpose of this essay is to shed some light upon this court and to explore its jurisdiction, to introduce its staff, to discover its procedures, to explain its equity records, and perhaps to render Plucknett's statement obsolete.

William Senior (1862-1937), Legal Historian, William Hamilton Bryson

Law Faculty Publications

Upon receiving from Clare College, Cambridge, a William Senior scholarship to continue my studies in legal history, I enquired about the man whose generosity was being extended to me. No one knew anything about him. Therefore, I collected the information for this short piece as much out of curiosity as piety. Having done so, I discovered a legal historian and scholar of moderate proportions who does not deserve such complete neglect. Had he been a teacher or a politician, my efforts might have been rewarded by the discovery of more personal information about the man himself. As it is, very …

Review Of The High Court Of Delegates, William Hamilton Bryson

Law Faculty Publications

A book review on The High Court of Delegates by G. I. 0. Duncan.

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

Law Faculty Publications

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia. This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records Vol. 2 Appendices, William Hamilton Bryson

Law Faculty Publications

The principles of transcribing which have been followed in these appendices and in the extracts throughout the text are basically those of the "Report on Editing Historical Documents".

Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris

University of Richmond Law Review

The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …

Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional

University of Richmond Law Review

The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.

From The Editors

University of Richmond Law Review

With this volume the Review proudly welcomes Dr. Harold G. Wren as the new Dean of the T. C. Williams School of Law. Dr. Wren suc- ceeds M. Ray "Judge" Doubles, who unselfishly returned from retire- ment to serve as Interim Dean for almost an entire academic year. Dr. Wren has accepted a great challenge in becoming the Dean when many feel that bold and decisive steps need to be taken to insure that T. C. Williams continues as one of the forerunners of legal education in Virginia.

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

University of Richmond Law Review

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …

The Assimilative Crimes Act

University of Richmond Law Review

An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

A Tribute To Dean William Taylor Muse, M. Ray Doubles

University of Richmond Law Review

William Taylor Muse - an excellent student, a great teacher, a cooperative member of the faculty, a distinguished Dean, a loyal alumnus, a dedicated public servant, a close friend, a Christian gentleman-this in a nutshell is my recollection of the man I knew intimately for forty-three years.

Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber

University of Richmond Law Review

The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.

Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole

University of Richmond Law Review

In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …

Freedom Of Religion- "There Is No Constitutional Right To Choose To Die

University of Richmond Law Review

The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.

Criminal Procedure- Virginia's Limited Use Of A Two-Trial System

University of Richmond Law Review

It has long been the general assumption in criminal cases in the United States that the fair trial provided for by the Federal Constitution contemplates a unitary one wherein all of the issues are deliberated within a single proceeding, with verdict, and punishment if any, in the form of a single pronouncement. A recent Virginia case, however, has held that the issues of guilt and punishment are severable and may be tried separately where particular circumstances exist.

Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia

University of Richmond Law Review

Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …

The Defendant In Jeopardy- Is Virginia Unique?

University of Richmond Law Review

The constitutional and statutory safeguards against a person being twice placed in jeopardy for the same offense are well known both to laymen and lawyers alike. What has gone largely unnoticed by the Virginia courts is the applicability of the doctrine of res judicata to the area of criminal law. It is the purpose of this comment to make the reader aware of the doctrine of res judicata as it applies to criminal cases and to attempt to clear up the confusion which has developed in this area of Virginia law.

Dean William Taylor Muse- An Appreciation, George M. Modlin

University of Richmond Law Review

William Taylor Muse was a dedicated man-dedicated to his family, his church, and his University. From the day in 1924 when he enrolled in the University of Richmond until his untimely death on October 31, 1971, except for two brief periods, he devoted his life and his loyalty to the University as a student, professor, and dean. Although his primary interest was the Law School, he was -ever concerned about the general welfare of the total University and was always more than willing to serve it in any capacity. For years he was a member of the important Board of …

Command Performance: The Tax Treatment Of Employer Mandated Expenses, John W. Lee

University of Richmond Law Review

Employers frequently not only expect but require performance of duties by employees beyond a nine to five tour at the office or plant. Such obligations may include the employee's living or eating on the employer's business premises, relocating himself and his family as a condition precedent to promotion or continued employment, obtaining additional education, entertaining his employer's customers, and traveling, including trips (frequently accompanied by his spouse pursuant to employer command, express or implied) to meetings and conventions, either sponsored by the employer or otherwise.

Interspousal Immunity-Automobile Negligence

University of Richmond Law Review

At common law neither spouse could maintain an action against the other. With the passage of the Married Woman's Acts in the mid-nineteenth century it was agreed that a cause of action would then lie for property torts, but there was confusion as to whether the statutes gave a new cause of action for personal torts between the spouses. It therefore became a question of statutory interpretation, with the terminology of most of the statutes being consistent with either conclusion. The first courts to interpret the statutes held that no cause of action had been conferred and thereby laid the …

Constitutional Law-The Indigent Misdemeanant's Right To Counsel

University of Richmond Law Review

In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.

Constitutional Law-Search And Seizure-The Standard Of Reliability For The Citizen Informer Is Reduced In Virginia

University of Richmond Law Review

Searches and seizures do not violate the fourth amendment to the United States Constitution where entry to specified premises is authorized by a properly issued search warrant based on an affidavit showing probable cause. Probable cause may be established by information given to an affiant officer by an informer if the information in the affidavit meets the require-ments of the two-pronged test set forth in Aguilar v. Texas. The first prong of that test, the informant-conclusion portion, requires that the affidavit describe some of the pertinent underlying circumstances necessary to judge the validity of the informant's conclusion. The other prong, …

Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection

University of Richmond Law Review

The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …

Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende

University of Richmond Law Review

The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …

Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions

University of Richmond Law Review

Throughout the current century, federal, state and local governments have engaged the services of private construction companies in an increasing number of governmental construction projects. Many of these projects, such as the construction of roads, tunnels, dams, bridges, and buildings, require, at least to some degree, subsurface excavation. This comment deals with some of the legal problems facing contractors and governmental agencies in such excavation, and suggests possible solutions to these problems.

Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process

University of Richmond Law Review

In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.