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Articles 571 - 591 of 591
Full-Text Articles in Law
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Virginia's Law Of Sovereign Immunity: An Overview, James A. Willett
Virginia's Law Of Sovereign Immunity: An Overview, James A. Willett
University of Richmond Law Review
The immunity of a sovereign and its agents from liability for tortious conduct has long been a part of our common law. Its origin seems to be based on "the theory, allied with the divine right of kings, that 'the King can do no wrong', together with the feeling that it was necessarily a contradiction of his sovereignty to allow him to be sued as of right in his own courts." More modern justifications include the desire to limit judicial interference with the workings of government. Naturally this desire has left may wrongs unredressed. Thus, the law has been forced …
The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford
The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford
University of Richmond Law Review
The Virginia Bench and Bar are uniquely fortunate in having the early corpus juris of the Commonwealth as recorded in ColonialDecisions, Virginia Decisions and the Virginia Reports. Due to the documents of our nation's birth students of history are fully aware of Virginia's contribution to the establishment of our country. Relatively few individuals, however, recognize the significant contributions made by several of the authors of these documents toward compiling and recording for posterity the decisions of the Commonwealth's highest court.
The Reports Of Charles Lee And Of John Brown, W. Hamilton Bryson
The Reports Of Charles Lee And Of John Brown, W. Hamilton Bryson
University of Richmond Law Review
The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …
Securing A Valid Annexation In Virginia: State And Federal Requirements
Securing A Valid Annexation In Virginia: State And Federal Requirements
University of Richmond Law Review
Municipal expansion by the annexation of surrounding territory involves two separate and distinct procedures in Virginia. Due to the Commonwealth's coverage under the Voting Rights Act of 1965, municipalities seeking annexation must obtain federal approval in addition to satisfying the requirements of state law. Compliance with the Act requires an affirmative showing that the expansion is nondiscriminatory in both its purposes and effects with regard to minority voting strength. Failure to meet these fed- eral requirements will invalidate the annexation, irrespective of its compliance with state law. This note will first examine the law of annexation in Virginia, highlighting its …
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
University of Richmond Law Review
New directions in zoning law have recently been established by the Supreme Court of Virginia. The court has declared unconstitutional an ordinance imposing a temporary building moratorium, another establishing minimum building lot sizes, and one compelling individual developers to first dedicate property in fee to the local government, and to then construct and maintain designated public facilities upon the dedicated land.
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
University of Richmond Law Review
The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
University of Richmond Law Review
For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."
Jim Payne - The Man, Julian E. Savage
Jim Payne - The Man, Julian E. Savage
University of Richmond Law Review
Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
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, …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Right To Counsel In Virginia
University of Richmond Law Review
The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …
Local Government Law In Virginia, 1870-1970, Patrick M. Mcsweeney
Local Government Law In Virginia, 1870-1970, Patrick M. Mcsweeney
University of Richmond Law Review
Virginia has never faced more pressing local problems. Both the population and the economy have grown so rapidly in the last several decades that the traditional system of local government has been strained and perhaps even rendered obsolete. This system was established when Virginia was a predominantly rural and agricultural state. But after approximately three centuries without radical change, it has suddenly been threatened by urbanization. Simply put, it was not designed to operate in a predominantly urban and industrial setting and has proven unequal to the task of coping with the problems which attend urbanization.
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers
University of Richmond Law Review
Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.
University Of Richmond Law Notes, J. Westwood Smithers
University Of Richmond Law Notes, J. Westwood Smithers
University of Richmond Law Review
No abstract provided.
Foreward, William T. Muse
Foreward, William T. Muse
University of Richmond Law Review
The reception accorded the first number of the University of Richmond Law Notes, published last spring, has been most gratifying. It has encouraged the Faculty to prepare this second number, which also is being distributed to all alumni of the Law School through the courtesy of the University of Richmond Law School Association. There has been a modest volume of requests for copies of the first issue from non-alumni members of the bar and from many law libraries.
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
Virginia's Drear Aridities: Its Rule Of Perpetuities, D. Orville Lahy
University of Richmond Law Review
Whereas most Virginia lawyers know about the rule against perpetuities, many of the same lawyers do not know what it is all about. Perpetuities is a dry and dismal subject to an active practitioner, and the state of abject bewilderment with which he was indoctrinated about the rule against perpetuities while in law school lingers on to haunt his memory. for the balance of his professional career. It is not until an actual client appears with a perpetuities problem that the same practitioner is forced to face the stark realities of the rule. It is only then that the complexities …
Virginia's New Last Clear Chance Doctrine, William T. Muse
Virginia's New Last Clear Chance Doctrine, William T. Muse
University of Richmond Law Review
Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …
University Of Richmond Law Notes Table Of Contents
University Of Richmond Law Notes Table Of Contents
University of Richmond Law Review
No abstract provided.
Foreward, William T. Muse
Foreward, William T. Muse
University of Richmond Law Review
This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.
University Of Richmond Law Notes Table Of Contents
University Of Richmond Law Notes Table Of Contents
University of Richmond Law Review
No abstract provided.