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University of Richmond Law Review

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1997

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Articles 31 - 47 of 47

Full-Text Articles in Law

University Of Richmond Law Review Index Jan 1997

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Volume XXXI of the University or Richmond Law Review.


Property And The First Amendment, Mark Cordes Jan 1997

Property And The First Amendment, Mark Cordes

University of Richmond Law Review

The last decade has seen an increased recognition of property rights in Supreme Court analysis. This is most evident in the area of takings law, where the Court has on at least four occasions expanded property rights relative to government regulation. Perhaps even more significant than the results themselves has been the Court's tone in these decisions, where it has emphasized that property rights are to be taken seriously and are not a "poor relation" to other constitutional safeguards. This has led some commentators to suggest that recognition of property rights is becoming a primary agenda item of the Court.


Crashing The Party- The Supreme Court Subjects Political Parties To Preclearance Under Section 5 Of The Voting Rights Act Of 1965 In Morse V. Republican Party Of Virginia, Matthew M. Farley Jan 1997

Crashing The Party- The Supreme Court Subjects Political Parties To Preclearance Under Section 5 Of The Voting Rights Act Of 1965 In Morse V. Republican Party Of Virginia, Matthew M. Farley

University of Richmond Law Review

If someone told you that whenever a particular "State or political subdivision" attempts to change its voting laws or regulations, they must first receive approval from the Department of Justice or a federal court in the District of Columbia, would you consider this requirement applicable to political parties? Asked in isolation, the question appears too obvious to warrant serious consideration. An understanding of the history of discrimination denying America's blacks full and complete franchise and an understanding of the adoption and evolution of the Voting Rights Act of 1965, however, may give you pause before answering.


Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow Jan 1997

Retirement Incentives In The Twenty First Century: The Move Toward Employer Control Of The Adea, Judith A. Mcmorrow

University of Richmond Law Review

Retirement has become an increasingly important topic of public policy discussion in the United States, as well as an accepted, and even cherished, goal for many American workers. Consequently, it is not surprising that the Age Discrimination in Employment Act (ADEA) recognized, somewhat inartfully, the importance of retirement. When originally passed, the ADEA expressly provided an exemption for any bona fide employee benefit plan such as a retirement, pension, or insurance plan, which is not a subterfuge to evade the purposes of the ADEA. In 1986, Congress amended the ADEA to eliminate mandatory retirement, but made clear in its legislative …


Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player Jan 1997

Wards Cove Packing Or Not Wards Cove Packing? That Is Not The Question: Some Thoughts On Impact Analysis Under The Age Discrimination In Employment Act, Mack A. Player

University of Richmond Law Review

Assume two employers, A and B. Each gives a separate objective test to select employees for a particular position. Employer A utilizes a pen-and-paper, multiple choice examination that has questions in three major categories: 1) biology and genetics which includes DNA theory, cloning, etc.; 2) astrophysics, with questions about time, space, light relationships, "black holes," novas, etc. and 3) microprocessor engineering, the internet, silicon chips, and the like.


Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney Jan 1997

Annual Survey Of Virginia Law: Administrative Procedure, Patricia L. Mckenney

University of Richmond Law Review

This article reviews recent developments in the law affecting administrative procedure in Virginia. The 1997 General Assembly made no substantive changes to the Commonwealth's fundamental law of administrative procedure, but it did make numerous amendments to agency law affecting administrative case decisions. Among the major changes to agency procedures include authorizing the Commissioner of Social Services to review local board eligibility decisions, extending the powers of health regulatory boards that govern the licensing of health professionals, and permitting the air, water and waste boards to implement mediation and voluntary dispute resolution proceedings.


Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway Jan 1997

Annual Survey Of Virginia Law: Property Law, Susan M. Pesner, Martin C. Conway

University of Richmond Law Review

The year 1997 proved to be exceptional in the relatively quiet area of property law. After a number of failed attempts, bills addressing the unauthorized practice of law were finally presented to the General Assembly and passed. Effective July 1, 1997, the Commonwealth of Virginia will regulate residential real estate settlements for the first time in its 390-year history.


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek Jan 1997

Robinson V. Shell Oil Co.: Policy-Not Ambiguity-Drives The Supreme Court's Decision To Broaden Title Vii's Retaliation Coverage, Barry T. Meek

University of Richmond Law Review

Before the Supreme Court's pronouncement in Robinson v. Shell Oil Co., a majority of the circuit courts were blurring seemingly unambiguous language to expand Title VII's coverage to comport with amiable policy goals. Only policy justifications could explain the courts' willingness to cover postemployment retaliation based on language that prohibits an employer from discriminating "against his employees" and that further defines employees as those persons "employed by an employer." Clearly, the plain meaning of such language envisions that persons protected under Title VII have an existing employment relationship with the covered employer at the time of the alleged retaliatory conduct. …


Annual Survey Of Virginia Law: Taxation, Craig D. Bell Jan 1997

Annual Survey Of Virginia Law: Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant recent developments in the law affecting Virginia taxation. Each section covers recent judicial decisions and legislative changes over the past year. The. overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on Virginia practitioners. This article, however, will not discuss many of the numerous legislative technical changes to the State Taxation Code of Title 58.1.


Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper Jan 1997

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.


The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch Jan 1997

The Property Concept Of Trade Secrets In Anglo-American Law: An Ongoing Debate, Miguel Deutch

University of Richmond Law Review

The law of trade secrets is central to the protection of commercial interests in information. The protection of information by way of this law has certain advantages not provided by the more "traditional" laws regulating intellectual property, advantages which amplify the growing interest of modern jurisprudence in trade secrets law.1 As has been correctly pointed out, the "traditional" rules governing intellectual property are ill suited to the demands of new technological developments.2 This reality has increased the importance of the law of trade secrets, in as much as it is both more flexible and general, and thus, more easily applied …


Liberty From Officials By Grace: The Fourth Amendment's Application To Automobile Passengers In Maryland V. Wilson, Michael Begland Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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 Jan 1997

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.