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University of Richmond

University of Richmond Law Review

1983

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Articles 1 - 30 of 45

Full-Text Articles in Law

A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows Jan 1983

A Frivolous Lawsuit May Destroy The Career Of A Professional: Is There No Remedy?, Alice T. Meadows

University of Richmond Law Review

The decade of the 1970's saw an increase of crisis proportions in the number of medical malpractice claims, and this crisis has lingered into the 1980's. Furthermore, lawyers, architects, engineers, accountants, and other professionals are becoming increasingly aware that malpractice litigation has not been limited to attacks on health care practitioners.

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University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson Jan 1983

Corporate And Institutional Accident Investigations As Work Product Pursuant To The Rules Of The Supreme Court Of Virginia, William Todd Benson

University of Richmond Law Review

If the magnitude of the mishap so warrants, many businesses immediately call their insurance adjuster or other accident investigator. In some of the larger businesses, accident investigation and insurance have become in-house operations. This quick reflex toward early fact investigation is prompted, in part, by a healthy respect for the potentiality of claims arising out of the day to day conduct of business affairs. When a suit against such company ultimately is ified and discovery sought, an issue often arises concerning whether early institutional investigations are "work product" for purposes of the federal or Virginia rules of civil procedure. This …

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Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher Jan 1983

Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher

University of Richmond Law Review

Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …

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Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant Jan 1983

Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant

University of Richmond Law Review

Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …

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Professional Responsibilities Of The Federal Prosecutor, John S. Edwards Jan 1983

Professional Responsibilities Of The Federal Prosecutor, John S. Edwards

University of Richmond Law Review

The United States Attorney is in a unique and powerful position to affect the lives of many persons in the administration of justice in his district. He is vested with broad discretionary authority as the district's chief federal law enforcement officer and prosecutor; this includes the authority to initiate investigations and to bring charges. In exercising his responsibilities, he must be vigorous and vigilant in attacking crime, but must temper his zeal with a recognition that his broader responsibilities are to seek justice and not merely to prosecute with the single-minded goal of winning cases and achieving convictions. He must …

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Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch Jan 1983

Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch

University of Richmond Law Review

Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.

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The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert Jan 1983

The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert

University of Richmond Law Review

The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.

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The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy Jan 1983

The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy

University of Richmond Law Review

The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.

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The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox Jan 1983

The 1983 Abortion Decisions: Clarification Of The Permissible Limits Of Abortion Regulation, Laura Fox

University of Richmond Law Review

On June 15, 1983, the United States Supreme Court once again addressed the abortion issue, handing down its decisions in City of Akron v. Akron Center for Reproductive Health, Inc., Planned Parenthood Ass'n v. Ashcroft, and Simopoulos v. Virginia. The 1983 Abortion Decisions were an unequivocal reaffirmation of Roe v. Wade and the principle that a woman has a fundamental right to an abortion. On a higher level of analysis, these decisions are significant because they clarify how the Roe doctrine applies to procedural restrictions on abortion.

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In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander Jan 1983

In Virto Fertilization: Hope For Childless Couples Breeds Legal Exposure For Physicians, Margaret I. Lane, Susan Cross Bolton, Rose M. Alexander

University of Richmond Law Review

The recent successes with in vitro or extracorporeal fertilization ("IVF") in both England" and the United States have led to increased interest in this new medical technique. For a large number of women, IVF represents the most promising opportunity for reproduction. This breakthrough makes it possible for infertile couples to experience for the first time the joys of natural parenthood that fertile or "normal" couples take for granted. Pioneers in the field are therefore to be commended for their work. Unfortunately, like other innovative medical services, the IVF procedures also breed legal concerns which will demand resolution in the not-so-distant …

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Virginia Criminal Procedure, Murray J. Janus Jan 1983

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 …

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Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal Jan 1983

Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal

University of Richmond Law Review

The United States Supreme Court's recent decision in Community Communications Co. v. City of Boulder has been aptly described as "a lightning bolt with potentially thunderous repercussions." City of Boulder basically established that local government activity is not immune from federal antitrust laws unless it is undertaken pursuant to a clearly articulated and affirmatively expressed state policy to replace competition with regulation or monopoly public service.

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Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr. Jan 1983

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.

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Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee Jan 1983

Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee

University of Richmond Law Review

Recent news articles reflect the fact that conflict of interests problems can affect every person who serves the Commonwealth of Virginia in a governmental capacity. Public officers and employees are frequently faced with the Hobson's choice of either remaining in public life at the expense of divestiture of their private financial holdings or running afoul of the conflict of interests laws. They are not only charged with knowledge of the Virginia Comprehensive Conflict of Interests Act, but are also required, in many instances, to take affirmative steps to avoid violating it. Thus, they must be aware of the situations in …

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Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt Jan 1983

Physician's Negligence Giving Rise To The Birth Of A Healthy But Unplanned Child: A Summary Of Damages Recoverable By The Parents, Kenneth F. Hardt

University of Richmond Law Review

The decision to undergo a sterilization operation or an abortion is the result of considering many complex emotional and financial factors. The operation may be sought to avoid potential health risks associated with childbirth, or it may be sought to avoid the financial stress a new child will place on the family unit. Regardless of the rationale underlying the decision, the individual will require medical assistance. In some situations, however, this medical assistance is negligently performed, and the result may be the birth of a healthy but unplanned child.

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Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey Jan 1983

Employment Discrimination-Seniority Systems Under Title Vii: American Tobacco Co. V. Pattersonand Pullman-Standard V. Swint, Joseph D. Mccluskey

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 "is a broad remedial measure designed 'to assure equality of employment opportunities.'" The Su- preme Court, in the seminal Title VII employment discrimination case, Griggs v. Duke Power Co.,s stated that "[t]he objective of Congress in the enactment of Title VII ...was to achieve equality of employment oppor- tunities and remove barriers that have operated in the past to favor an identifiable group of white employees over other employees."" The Griggs decision has provided the basic framework for analyzing employment dis- crimination cases. The Court held that any employment practices, proce- …

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Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles Jan 1983

Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles

University of Richmond Law Review

Coal, a primary energy source, is presently fueling the fires of debate in Virginia. The controversy has arisen over a plan developed by private investors to construct a coal slurry pipeline. The pipeline, as proposed, would transport between five and twenty-five million tons of coal annually from southwest Virginia to the Tidewater area. The coal would be pulverized and combined in a fifty percent mixture with water. Once the coal reaches its destination, the water would be extracted by centrifuge, leaving the coal ready for use.

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Libel And Slander In Virginia, Thomas E. Spahn Jan 1983

Libel And Slander In Virginia, Thomas E. Spahn

University of Richmond Law Review

The law of libel and slander in Virginia is unsettled. Even defining the terms is difficult. While many states classify libel and slander as separate torts, in Virginia defamation encompasses them both. Moreover, there are two separate definitions of "defamation per se" in Virginia. There are also two types of "malice" which are applicable in defamation actions; and to make matters worse, one type of "malice" which actually is not malice at all is called "actual malice."

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The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy Jan 1983

The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy

University of Richmond Law Review

The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.

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Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell Jan 1983

Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell

University of Richmond Law Review

In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.

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Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant Jan 1983

Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant

University of Richmond Law Review

Divorce is on the rise. The social, emotional, and economic partnership that constitutes the foundation of the family is succumbing to both external and internal pressures, resulting in an alarming rate of divorce, an event which has significant consequences for the involved spouses and children.

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Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal Jan 1983

Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal

University of Richmond Law Review

There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.

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University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson Jan 1983

The Abolition Of The Forms Of Action In Virginia, W. Hamilton Bryson

University of Richmond Law Review

The common law procedure for initiating actions at law in the English courts required a plaintiff to obtain a writ invoking the jurisdiction of the court and to file a declaration setting forth the facts that justified instigation of the suit and established the cause of the action. This clumsy and archaic system of litigation was abolished by a single chop of the legislative guillotine in New York in 1848. England followed suit in 1875, and the United States federal courts in 1938. Writs and declarations were replaced by simple forms which were copied from the practice of the equity …

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Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James Jan 1983

Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James

University of Richmond Law Review

Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.

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Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson Jan 1983

Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson

University of Richmond Law Review

Public confidence in the integrity of our public officials is necessary for effective government. The independence of the federal regulatory process is a crucial element of that confidence. When this independence is examined, however, a major concern arises about the inherent appearance of impropriety and conflict of interest in the "revolving door" practice of federal agencies.

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Title Examination In Virginia, W. Wade Berryhill Jan 1983

Title Examination In Virginia, W. Wade Berryhill

University of Richmond Law Review

The purpose of this article is to provide an understanding of the basic procedures of title examination. The emphasis is on the mechanics and practical considerations involved in a search of title. Although the focus of any legal work is "the law," this article is not meant to be a legal treatise. It is rather a practical "how to" guide. The author hopes, however, that this writing will not only acquaint the reader with the basic techniques of title examination but will also assist the title examiner in solving the related problems which arise when some of the more common …

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Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy Jan 1983

Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy

University of Richmond Law Review

The New York court in Hirschfeld v. Hirschfeld held that under the state's equitable distribution statute a husband's interest in his law prac- tice constitutes marital property subject to equitable division upon divorce. The court noted the lack of a valuation standard in both the statute and the state case law and applied an Internal Revenue Service formula to calculate the amount of goodwill in the law practice. The court divided that amount equally and awarded the wife $6,900, over three years, as her share of the husband's net income from his law practice.

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University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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