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Articles 31 - 47 of 47
Full-Text Articles in Law
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland
University of Richmond Law Review
On February 19, 1997, the United States Supreme Court handed down its decision in Maryland v. Wilson, and put an end to twenty years of speculation regarding a police officer's authority to order a passenger out of a lawfully stopped automobile. In finding that such an order does not violate a passenger's Fourth Amendment privacy interests, the Supreme Court reversed Maryland's Court of Special Appeals and sided with the majority of states that have considered this narrow issue. The Court's decision provides important insight into the current state of Fourth Amendment jurisprudence and the Supreme Court's increasing willingness to sacrifice …
Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin
Annual Survey Of Virginia Law: Criminal Law And Procedure, Betty Layne Desportes, Steven D. Benjamin
University of Richmond Law Review
This article discusses holdings and trends in the published cases of the Virginia Court of Appeals and the Supreme Court of Virginia from August 1996 to July 1997. Although the form of this article generally follows the same form used by prior authors, several subject headings have been renamed to reflect the current focus of the courts. For example, during this period the court of appeals grappled with the "community caretaker" doctrine, bifurcated sentencing proceedings in felony cases, jury selection, and various hearsay exceptions. The supreme court addressed an indigent defendant's right to expert assistance, administrative license suspensions, and speedy …
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
Organized Labor As Shareholder Activist: Building Coalitions To Promote Worker Capitalism, Marleen A. O'Connor
University of Richmond Law Review
In the past, the traditional question posed by unions was: "which side are you on?"--presenting a clear choice between labor and capital. As membership and bargaining power fall, however, unions are asserting their rights as shareholders to influence corporate decision making outside the conventional labor law framework. Because the National Labor Relations Act does not adequately protect workers' rights, unions have devised innovative methods as shareholders to exercise unprecedented power over managers. In only a few years, labor-shareholders have become highly visible players in the institutional shareholder movement. As a group, labor-shareholders submit one of the largest numbers of shareholder …
The Technically Skilled Worker And The Corporation: Dagwood, Dilbert And Beyond, Nancy J. Jensen
The Technically Skilled Worker And The Corporation: Dagwood, Dilbert And Beyond, Nancy J. Jensen
University of Richmond Law Review
Corporate America finds itself in a sea of change. This change is the result of many factors including rapid technological developments so revolutionary that some have suggested that a third industrial revolution, the Age of Informatics, is at hand. Dynamic and profound changes in corporate organiza- tions abound as a result of the numerous leveraged buyouts of the 1980s and globalization of the world economy.
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
The Age Discrimination In Employment Act At Thirty: Where It's Been, Where It Is Today, Where It's Going, Howard C. Eglit
University of Richmond Law Review
Thirty-three years ago, in the course of debating the legislation that eventually was enacted into law as the Civil Rights Act of 1964, Congress began-albeit very tentatively-to address age discrimination in the workplace. While it rejected attempts to amend the 1964 bill to include age within the then-pending menu of proscribed bases for workplace decision-making, i.e., race, color, national origin, religion, and sex, Congress did direct the Secretary of Labor to undertake a study to ascertain the nature and extent of age bias in employment and to make recommendations for dealing with this discrimination, if it in fact existed.
The Supreme Court's Rejection Of Government Indemnification To Agent Orange Manufacturers In Hercules, Inc. V. United States: Distinguishing The Forest From The Trees?, Kacey Reed
University of Richmond Law Review
In recent years, the Supreme Court clarified the scope of immunity afforded to contractors for damages resulting from the performance of a government contract. However, the extent of the government's responsibility to indemnify third party claims resulting from a government contract has remained relatively obscure. Without clear direction, courts rejected government indemnification, relying upon a variety of detailed points of contract law which often concealed larger issues. In an appellate court dissent, Judge Plager criticized this result, warning that "undue attention to trees . . . often hides the forest."' Recently, in Hercules, Inc. v. United States, the Supreme Court …
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
The Supreme Court's "Exceedingly [Un]Persuasive" Application Of Intermediate Scrutiny In United States V. Virginia, Jeffrey A. Barnes
University of Richmond Law Review
The Supreme Court's decision in the case of United States v. Virginia in June of 1996 was a landmark decision that could change how future courts approach and resolve gender-based equal protection claims. The Supreme Court held that the Virginia Military Institute (VMI) could no longer continue its male-only admissions policy as a state-funded institution of higher education. The Court's apparent heightening of the level of scrutiny applied to gender-based classifications from the previously used intermediate scrutiny to an ambiguous standard either somewhere between the traditional intermediate scrutiny and strict scrutiny, or, in effect, a standard equivalent to strict scrutiny, …
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
Annual Survey Of Virginia Law: Workers' Compensation, Daniel E. Lynch
University of Richmond Law Review
There have been significant developments in the law of workers' compensation since 1995, when the Annual Survey of Virginia Law last included this topic. The past two years have seen many changes in Virginia workers' compensation through legislation by the General Assembly and by Virginia appellate court decisions. This article focuses on some of the most significant developments with respect to (I) occupational disease claims, (II) injury by accident claims, (III) benefits and coverage under the Workers' Compensation Act, (IV) third party claims, (V) the termination of wage benefits, and (VI) new legislation affecting workers' compensation.
Annual Survey Of Virginia Law: Public Utility Law, Edward L. Flippen, Kodwo Ghartey-Tagoe
Annual Survey Of Virginia Law: Public Utility Law, Edward L. Flippen, Kodwo Ghartey-Tagoe
University of Richmond Law Review
This article reviews the significant developments in the area of public utility law between January 1996 and August 1997. The first section covers legislative changes affecting electric, gas, telephone, and other public utilities; the second section reviews administrative action taken by the Virginia State Corporation Commission; and the third section addresses judicial action applied to the regulation of public utilities. The purposes of this article are to.provide Virginia public utility practitioners an overview of the recent developments in public utility law and to explain the impact these developments have upon public utilities operating in Virginia. This article, however, does not …
What Have You Done For Me Lately? Constitutional Limitations On State Taxation Of Trusts, Bradley E.S. Fogel
What Have You Done For Me Lately? Constitutional Limitations On State Taxation Of Trusts, Bradley E.S. Fogel
University of Richmond Law Review
Suppose a resident of New Jersey creates an irrevocable inter vivos trust. The settlor subsequently dies while a resident of New Jersey. Pursuant to the terms of her will, which is probated in New Jersey, her entire estate is paid to the trust. After a few years, one of the two trustees is a New York resident, the other is a resident of Connecticut. The trust's assets, intangibles such as stock in Delaware corporations, are held by the New York trustee in New York. All of the income beneficiaries of the trust reside in New York or Connecticut.
The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon
The Shaping Force Of Corporate Law In The New Economic Order, Jeffrey N. Gordon
University of Richmond Law Review
I am very grateful for the opportunity afforded by this Allen Chair lecture. I grew up in Richmond. During my formative years, between zero and two, my family lived in an apartment on Grace Street, and my mother would push me in the stroller around the block of Lombardy and Grace, where the T.C. Williams Law School was once located. Given all we know about psychology, it surely must be the case that the subliminal suggestion of legal studies at that crucial time accounts for my present occupation as a law professor.
Esop's Fables: Leveraged Esops And Their Effect On Managerial Slack, Employer Risk And Motivation In The Public Corporation, Hunter C. Blum
Esop's Fables: Leveraged Esops And Their Effect On Managerial Slack, Employer Risk And Motivation In The Public Corporation, Hunter C. Blum
University of Richmond Law Review
Shareholder rights and their influence on corporate governance have become an increasingly important topic in corporate law. The recent wave of corporate downsizing in the early 1990's has disturbed our collective equilibrium. Many now challenge the basic corporate law tenet that the directors hold a fiduciary duty to the shareholders only and the traditional idea that the proper corporate goal is shareholder wealth maximiza- tion.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
University of Richmond Law Review
The poor laws of the original thirteen states can best be described as reluctant public charity. Assistance was provided to some of the poor but, when provided, was strictly rationed to those local residents considered worthy of help. Visitors, strangers and nonresident poor people were not helped and were legally run out of town. Poor relief for the locals was frequently given in ways that were demeaning and destructive to families. Poor people were always expected to work, and even poor children were taken from their families by the authorities and apprenticed to others. Poor adults that could work were …
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
Does Pretext Plus Age Equal The Sum Of The Judgement?, Susan Childers North
University of Richmond Law Review
In deciding cases under the Age Discrimination in Employment Act (ADEA), several circuit courts of appeals have interpreted the tripartite test set forth in McDonnell Douglas v. Green to mean that a plaintiff could prevail in proving individual disparate treatment by proving a prima facie case and that the employer's proffered reasons were a pretext. The Third, Seventh and Eighth Circuits concluded that a showing that a proffered justification is pretextual is equivalent to a finding that the employer intentionally discriminated. In other words, "the plaintiff is entitled to judgment as a matter of law when, in the third stage …
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: 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, amended, or repealed a number of sections of the Code of Virginia in the 1996 and 1997 sessions. In addition, there were eleven Supreme Court of Virginia opinions in the two-year period ending April 18, 1997, that involved issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates. This article reports on all of these legislative and judicial developments.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.