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Articles 541 - 570 of 591
Full-Text Articles in Law
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
The Death Penalty In Virginia: Attempts At Legislative Reform, Tara Elgie
Richmond Public Interest Law Review
This paper will argue that the time has come for legislative reform of capital punishment. It will briefly examine the history of the death penalty, focusing on the provisions under which it was reinstated and whether those provisions are met under today's implementation. Then it will look to recent attempts by the Virginia General Assembly to reform the procedures by which it implements the death penalty. The paper will also explore public perception of the death penalty as an explanation for why the death penalty persists as the ultimate punishment, despite recent problems with its implementation.
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Journal of Law and the Public Interest
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
State Regulation Of Federal Prosecutors: The Impact On Contact With Represented Persons In Virginia, Robert H. Burger
Richmond Public Interest Law Review
The first section of this paper analyzes the ethics rule promulgated by the Department of Justice. The DOJ rule governs those circumstances in which federal prosecutors may communicate with individuals known to be represented by counsel, without the consent of such counsel. The second and third sections of this paper discuss the judicial and statutory rejection of the DOJ rule respectively. First, in O'Keefe v. McDonnell Douglas," the U.S. Court of Appeals for the Eighth Circuit reasoned that the DOJ lacked authority to promulgate their ethics rule. As a result of this conclusion, the Eighth Circuit held the DOJ rule …
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Richmond Public Interest Law Review
In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Richmond Journal of Law and the Public Interest
State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Corporate Welfare:If Business Location Incentives Do Not Work, Why Do Localities Continue To Offer Them?, Katja Hamel
Richmond Public Interest Law Review
State and local governments provide a variety of inducements to persuade private industries to locate in their areas. Corporate welfare takes the form of property and sales tax abatements or exemptions, low interest loans, grants, utility credits, and other financial incentives given to companies by states and localities with the expectation that these companies will bring with them more jobs and increased revenue for the residents of those communities. Because these programs are largely promise- based rather than performance based, they often fail to meet expectations. Despite the overall inefficiencies of business location incentives, other factors assure their continued use.
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Richmond Public Interest Law Review
This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Virginia As A Model For Other State Welfare - Plans Virginia's Welfare Reform: Current Law And Effects, Laura Piper
Richmond Journal of Law and the Public Interest
In 1995, Virginia became the first state to submit a comprehensive statewide welfare reform plan to the federal government.The crusade for a more effective Virginia welfare system was led by Governor George Allen.The federal government granted Virginia numerous waivers from federal regulations enabling Virginia to implement the Virginia Independence Plan ("VIP") and the Virginia Initiative for Employment not Welfare ("VIEW") component.According to the Virginia Department of Health and Human Resource's 1996 annual report, because of VIP and VIEW the number of welfare recipients decreased, employment rates increased and taxpayers saved 24 million dollars. On February 1, 1997, in response to …
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Charitable Choice: Will This Provision Of Welfare Reform Survive Constitutional Scrutiny?, Joel Weaver
Richmond Journal of Law and the Public Interest
This article explores the controversy that may arise as states and local governments begin to forge business relationships with religious organizations. Specifically, this article analyzes the continuing attempt by the Supreme Court to define policy concerning these relationships. Section II begins with a discussion of Establishment Clause jurisprudence. This part traces the Supreme Court s movement from a policy of strict separation of church and state towards one based more on neutrality. Section III examines the impact of this standard on interpretation of the "charitable choice" provision. Section IV concludes by suggesting that state legislatures proceed cautiously when enacting laws …
The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene
The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene
University of Richmond Law Review
The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating in …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
The Role Of State Constitutions In An Era Of Big Government, Stanley Mosk
University of Richmond Law Review
This is a speech delivered by The Honorable Stanley Mosk, Justice of the Supreme Court of California,at the T.C. Williams School of Law's eighth annual Emroch Lecture. Among his many achievements, Justice Mosk has authored some of California's most constructive legislative proposals in the crime and law enforcement fields, including the measure creating the Commission on Peace Officers Standards and Training.
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
Virginia And The Ratification Of The Bill Of Rights, 1789-1791, J. Gordon Hylton
University of Richmond Law Review
Historians and constitutional scholars have paid scant attention to the process by which the states ratified the Bill of Rights. The states' ratifying conventions of 1787 and 1788 have been examined in great detail, as have the debates of the first Congress which led to the presentation of the Bill of Rights to the states. Scholars, however, have treated the ratification of the first ten amendments as little more than an historical formality. Why more than two full years passed between the Congressional adoption of the proposed amendments and the approval by the requisite number of states has never been …
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
University of Richmond Law Review
The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
University of Richmond Law Review
A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter
Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter
University of Richmond Law Review
A Virginia citizen injured in an automobile accident in 1988 who is denied compensation through trial court error will wait an average of 1,165 days (3.2 years) after trial for the Supreme Court of Virginia to rectify the matter. Of course, that wait is only for the seventeen percent of cases that the supreme court elects to review, since Virginia is one of the only states that grants no right of appeal in most civil and criminal cases. By way of limited contrast, a civil appeal in the North Carolina Supreme Court averages be- tween 241 days and 257 days. …
Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell
Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell
University of Richmond Law Review
On April 10, 1987, Governor Gerald L. Baliles established the Governor's Commission to Study Historic Preservation (the Commission). The Governor created the Commission in order to ensure that "Virginia is back in the forefront of our nation's historic preservation efforts," and charged the Commission to examine preservation issues in Virginia and to make recommendations for improving the Commonwealth's preservation program. Governor Baliles addressed the Commission in July of 1987, emphasizing that preservation is not mere reverence for the past. Preservation is, rather, a tool to manage change, to enliven our future, and is "necessary if we are to hand over …
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
University of Richmond Law Review
"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
Local Government Liability In Virginia For Negligent Inspection Of Buildings, Structures And Equipment, Matthew W. Broughton
University of Richmond Law Review
There is a growing trend in Virginia, as well as in many other states, for injured citizens to hold local governments liable for personal injuries and loss of property resulting from the negligent inspection by building officials of privately owned buildings and structures. The recent abrogation of the doctrine of sovereign immunity in the majority of jurisdictions has served to encourage such litigation, but abrogation alone has proven to be no guarantee of recovery for negligent inspection. Rather, the majority of jurisdictions have continued to enjoy immunity by asserting that building inspectors perform a discretionary governmental function for which no …
Virginia Criminal Procedure, Murray J. Janus
Virginia Criminal Procedure, Murray J. Janus
University of Richmond Law Review
Professor Ronald J. Bacigal of the T.C. Williams School of Law has made a valuable contribution to the criminal justice system with the recent publication of this book. Not only is the book well-written, but it is succinct and of a size that will easily fit into a lawyer's briefcase to accompany him to court. The manner in which the book is written is such that it can be readily understood by laymen interested in the law or used as the text for a course on criminal procedure in law school or college, and yet the book is detailed enough …
Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.
Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.
University of Richmond Law Review
Annexation has been the most common method of adjusting local government boundaries in the United States since the 1850's. This widespread acceptance of annexation, however, has not created uniform procedures for initiating and completing annexation proceedings. Rather, the process of annexation varies considerably from state to state.
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller
University of Richmond Law Review
On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
Double Jeopardy And The Virginia Supreme Court: Three Approaches To Multiple Punishment, Jane S. Glenn
University of Richmond Law Review
The double jeopardy clause of the fifth amendment of the United States Constitution affords three primary protections. First, the clause protects against a second prosecution for the same offense after acquittal. Secondly, it protects against a second prosecution for the same offense after conviction. Thirdly, the clause prohibits the imposition of multiple punishment for a single offense. Although the double jeopardy principle has roots in antiquity, it may be one of our least understood constitutional protections. This comment will focus on the third protection of double jeopardy as it has been developed by the United States Supreme Court and recently …
Service Of Process In Virginia, William Hamilton Bryson
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.
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
University of Richmond Law Review
Although W. Hamilton Bryson modestly describes his Notes on Virginia Civil Procedure,the Michie Company, 1979, as "little more than an outline," he has in fact made a significant contribution to practical jurisprudence in his handbook on Virginia civil procedure. Mr. Bryson is a professor of law at the T. C. Williams School of Law of the University of Richmond and teaches Virginia Procedure there.
Interpleader In Virginia, Stephen E. Baril
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.
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
University of Richmond Law Review
FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …
Book Reviews, Edward S. Graves, David L. Ross
Book Reviews, Edward S. Graves, David L. Ross
University of Richmond Law Review
These are book reviews from 1979.