Law Commons^™

Guaranteeing Solar Access In Virginia, W. Wade Berryhill

Law Faculty Publications

This article will address in order: the mechanics of a solar energy system; the problem of solar access; the traditional public and private remedies available at common law; Virginia's legislative response to the problem of assuring solar access; and some suggestions for the resolution of anticipated solar access conflicts in Virginia.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1979-1980, University Of Richmond

Law School Catalogues

History:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late 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, Jr. who, like his …

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher

Law Faculty Publications

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

However, unless the antenuptial agreement provisions fall squarely within this …

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Limiting Congressional Denationalization After Afroyim, John Paul Jones

Law Faculty Publications

This Comment discusses the constitutional aspects of loss of United States citizenship. It contrasts expatriation with procedures developed by the state in treaty and statute for involuntary deprivation of citizenship. It distinguishes early judicial and legislative debate over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, it suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …

State Environmental Protection Versus The Commerce Power, K. Dennis Sisk

University of Richmond Law Review

As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.

Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider

University of Richmond Law Review

Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.

The Supreme Court And The Not-So-Privileged Press, John D. Epps

University of Richmond Law Review

The first amendment mandates freedom of the press, but the extent of that freedom has been the issue in scores of Supreme Court opinions. Whether press freedom is above and beyond that provided the general public by the first amendment has been a fertile question for debate. The question is more than academic, however; its answer has determined, for example, that reporters must be jailed for refusing to comply with subpoenas and that newsrooms can be searched for evidence of criminal activities.

Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker

University of Richmond Law Review

The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.

Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz

University of Richmond Law Review

No one will ever know, at least with any certainty, whether more harm than good has been done by the Federal Youth Corrections Act. The Act was enacted by Congress in 1950 upon the recommendation of a committee of the Judicial Conference of the United States. The youth offenders who have benefited under YCA are those who have committed the most serious crimes, such as murder, robbery, and rape, and those with the longest records of serious criminal conduct. Because of the YCA, some of these dangerous offenders have received less severe sentences, and some have been released on parole …

Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding

University of Richmond Law Review

This case raises the most important question of every child's constitutional right to liberty, not only the liberty that includes freedom from bodily restraint [citation omitted], but also the liberty that includes the freedom of an ordinary, every-day child in these United States of America-the freedom to live with mothers, fathers, brothers, and sisters in whatever the family abode may be; the freedom to be loved and to be spanked; the freedom to go in and oat the door, to run and play, to laugh and cry, to fight and fuss, to stand up and fall down, to play childish …

J.Westwood Smithers- "The Professor", Robert R. Merhige Jr.

University of Richmond Law Review

My first clearly defined recollection of "The Professor" has, to my enjoyment and embarassment, survived for more years than he or I would willingly acknowledge, but I would expect that the incident giving rise to my recollection has now become part of the folklore of T. C. Williams School of Law and will survive each of us.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Volume XIII.

Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles

University of Richmond Law Review

An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.

A Family Court For Virginia, Frederick P. Aucamp

University of Richmond Law Review

The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter Nash Swisher

University of Richmond Law Review

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors

University of Richmond Law Review

The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.

"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley

University of Richmond Law Review

Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …

Interpleader In Virginia, Stephen E. Baril

University of Richmond Law Review

Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.

Rights Of The Convicted Felon On Parole, Howard E. Hill

University of Richmond Law Review

The forfeiture of various civil rights upon conviction of a felony is no modem innovation. Conviction of a crime in the Roman Republic resulted in the deprivation of many of the same rights denied convicted felons today. Most statutes define a "felony" in terms of the possible punishment for a particular act rather than in descriptions of the actual conduct forbidden. In Virginia "such offenses as are punishable with death or confinement in the penitentiary are felonies," while "all other offenses are misdemeanors." One unfortunate enough to be convicted of a felony becomes subject to sanctions imposed by the state. …

The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis

University of Richmond Law Review

Strip mining, for those of us who are touched by it, either as residents of areas affected by the mining or as professionals or bureaucrats concerned with the legal or technical issues involved, conjours up vivid images of land devastation, offsite property damage and high profits with little risk involved for the operator.

Interference With Privacy - In What Forms Might It Be Actionable In Virginia?, Robert F. Brooks, Robert M. Rolfe

University of Richmond Law Review

Much has been written about the right of privacy since the 1890 law review article by Samuel Warren and Louis Brandeis which first proposed that such a right be recognized. In the ensuing years the tort of invasion of privacy, which is, in reality, an amalgam of four separate torts, has been widely accepted. In spite of the burgeoning recognition of various rights assembled under the rubric of right to privacy, the Supreme Court of Virginia has never decided whether private citizens are entitled to protection of their personal privacy against invasions by other private citizens. It is the intent …

Nonpoint Pollution Control In Virginia, John V. Cogbill Iii

University of Richmond Law Review

Congress has established a national goal of "clean water" by 1983 and the elimination of all pollutant discharge into the navigable waterways by 1985. The nation has made great strides toward controlling and eliminating point source pollutants. There has been no corresponding progress in the area of nonpoint pollution control. Such pollution from agriculture, mining, silviculture, and urban runoff is causing lakes to die prematurely and is seriously affecting Virginia's fishing industry. This comment will review the federal requirements for control of nonpoint source pollution, Virginia's role in an implementation program, and, finally, some recom- mendations to aid Virginia in …

Confidential Communication Privileges Under Federal And Virginia Law, Roger L. Williams

University of Richmond Law Review

This Comment focuses on the confidential communication privileges recognized under federal and Virginia law. The history of rule 501 of the Federal Rules of Evidence is discussed in order to illustrate the policies which Congress intended to further by enacting it and to shed some light on how Congress intended the rule to operate. Discussion includes an examination of various trends or approaches which recent federal decisions have taken in applying rule 501. Finally, specific privileges which have been recognized by federal courts and specific privileges recognized under Virginia law are enumerated.

Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: Garmon Reconsidered And The Reaffirmation Of Property Rights, Keith Barker

University of Richmond Law Review

Sears, Roebuck & Co. v. San Diego County District Council of Carpenters resolves the problem of a jurisdictional hiatus facing an employer when a union's peaceful picketing on his property is within the ambit of the National Labor Relations Act (NLRA or the Act). Prior to the Sears decision, the right of the states to enjoin labor union picketing on an employer's private property, when the union's picketing was arguably protected and arguably prohibited, was uncertain. As a rule, conduct which is arguably protected under the Act or arguably prohibited under the Act, with few exceptions, cannot be the subject …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh

University of Richmond Law Review

Years ago, caveat emptor was the rule in real estate transactions. A home buyer's own inspection was considered reliable in determining if the house was structurally sound and habitable. Today, the situation is different. Potentially troublesome conditions in a house are easily concealed, and inspection by the buyer may not reveal latent defects. For this reason, the doctrine of implied warranty has replaced caveat emptor in many jurisdictions.

When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell

University of Richmond Law Review

A 1977 article in this Review noted certain amendments to Virginia's Banking Act which introduced and defined the term "public interest" as the standard to be applied by the Virginia State Corporation Commission (hereinafter Commission) in regulating the expansion of the state-chartered banks and savings and loan associations in Virginia. That article summarized certain principles the Commission and the Virginia Supreme Court had applied under the former tests ("public need" and "public convenience and necessity"), and pointed out facts the Commission had considered significant in deciding those cases.