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Articles 1 - 30 of 60
Full-Text Articles in Law
The Cumulation Of The Abortion Reform Movement
The Cumulation Of The Abortion Reform Movement
University of Richmond Law Review
We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.
Equal Pay: The Hospital-Nursing Home Dilemma
Equal Pay: The Hospital-Nursing Home Dilemma
University of Richmond Law Review
The Equal Pay Act of 19631 (EPA) is not an independent piece of legis- lation, but rather an amendment to existing legislation. The EPA simply adds an additional fair labor standard to the already familiar Fair Labor Standards Act of 19382 (FLSA) [hereinafter alternately referred to as "the Act"]. By utilizing the process of amendment, Congress hoped to avoid the creation of a new bureaucratic structure to enforce the new law,8 and hoped to facilitate compliance because both industry and labor were already aware of the operation and provisions of the FLSA.4 However, what appeared to be a simple matter …
A Tribute To Dean William Taylor Muse, M. Ray Doubles
A Tribute To Dean William Taylor Muse, M. Ray Doubles
University of Richmond Law Review
William Taylor Muse - an excellent student, a great teacher, a cooperative member of the faculty, a distinguished Dean, a loyal alumnus, a dedicated public servant, a close friend, a Christian gentleman-this in a nutshell is my recollection of the man I knew intimately for forty-three years.
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
University of Richmond Law Review
The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
University of Richmond Law Review
In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
Freedom Of Religion- "There Is No Constitutional Right To Choose To Die
University of Richmond Law Review
The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.
Criminal Procedure- Virginia's Limited Use Of A Two-Trial System
Criminal Procedure- Virginia's Limited Use Of A Two-Trial System
University of Richmond Law Review
It has long been the general assumption in criminal cases in the United States that the fair trial provided for by the Federal Constitution contemplates a unitary one wherein all of the issues are deliberated within a single proceeding, with verdict, and punishment if any, in the form of a single pronouncement. A recent Virginia case, however, has held that the issues of guilt and punishment are severable and may be tried separately where particular circumstances exist.
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
University of Richmond Law Review
Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …
The Defendant In Jeopardy- Is Virginia Unique?
The Defendant In Jeopardy- Is Virginia Unique?
University of Richmond Law Review
The constitutional and statutory safeguards against a person being twice placed in jeopardy for the same offense are well known both to laymen and lawyers alike. What has gone largely unnoticed by the Virginia courts is the applicability of the doctrine of res judicata to the area of criminal law. It is the purpose of this comment to make the reader aware of the doctrine of res judicata as it applies to criminal cases and to attempt to clear up the confusion which has developed in this area of Virginia law.
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
Dean William Taylor Muse- An Appreciation, George M. Modlin
Dean William Taylor Muse- An Appreciation, George M. Modlin
University of Richmond Law Review
William Taylor Muse was a dedicated man-dedicated to his family, his church, and his University. From the day in 1924 when he enrolled in the University of Richmond until his untimely death on October 31, 1971, except for two brief periods, he devoted his life and his loyalty to the University as a student, professor, and dean. Although his primary interest was the Law School, he was -ever concerned about the general welfare of the total University and was always more than willing to serve it in any capacity. For years he was a member of the important Board of …
Command Performance: The Tax Treatment Of Employer Mandated Expenses, John W. Lee
Command Performance: The Tax Treatment Of Employer Mandated Expenses, John W. Lee
University of Richmond Law Review
Employers frequently not only expect but require performance of duties by employees beyond a nine to five tour at the office or plant. Such obligations may include the employee's living or eating on the employer's business premises, relocating himself and his family as a condition precedent to promotion or continued employment, obtaining additional education, entertaining his employer's customers, and traveling, including trips (frequently accompanied by his spouse pursuant to employer command, express or implied) to meetings and conventions, either sponsored by the employer or otherwise.
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
University of Richmond Law Review
In 1968, substantial changes occurred m the statute allowing recovery for wrongful death in Virginia. The General Assembly established "dependents" as a new class of persons, entitled to recover up to a maximum of $50,000 in proportion to their "pecuniary loss." The statute also designates a class of persons as beneficiaries and allows them to recover an additional $25,000 for solace. Thus, the total amount potentially available to persons who qualify as both a dependent and a statutory beneficiary is $75,000.
Interspousal Immunity-Automobile Negligence
Interspousal Immunity-Automobile Negligence
University of Richmond Law Review
At common law neither spouse could maintain an action against the other. With the passage of the Married Woman's Acts in the mid-nineteenth century it was agreed that a cause of action would then lie for property torts, but there was confusion as to whether the statutes gave a new cause of action for personal torts between the spouses. It therefore became a question of statutory interpretation, with the terminology of most of the statutes being consistent with either conclusion. The first courts to interpret the statutes held that no cause of action had been conferred and thereby laid the …
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
University of Richmond Law Review
In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.
Constitutional Law-Search And Seizure-The Standard Of Reliability For The Citizen Informer Is Reduced In Virginia
University of Richmond Law Review
Searches and seizures do not violate the fourth amendment to the United States Constitution where entry to specified premises is authorized by a properly issued search warrant based on an affidavit showing probable cause. Probable cause may be established by information given to an affiant officer by an informer if the information in the affidavit meets the require-ments of the two-pronged test set forth in Aguilar v. Texas. The first prong of that test, the informant-conclusion portion, requires that the affidavit describe some of the pertinent underlying circumstances necessary to judge the validity of the informant's conclusion. The other prong, …
Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection
University of Richmond Law Review
The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …
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, …
Pretrial Discovery- Use Of A Party's Own Deposition
Pretrial Discovery- Use Of A Party's Own Deposition
University of Richmond Law Review
At common law depositions were admissible in evidence in ecclesiastical and equity courts but not in trials at law unless both parties consented. Today, the simple rules of the common law in this area have been entirely replaced by statutory law and Rules of Court. The recent Virginia case of King v. InternationalHarvester Co. is illustrative of the problems en- countered when courts have undertaken judicial interpretation of these codifications.
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
University of Richmond Law Review
Throughout the current century, federal, state and local governments have engaged the services of private construction companies in an increasing number of governmental construction projects. Many of these projects, such as the construction of roads, tunnels, dams, bridges, and buildings, require, at least to some degree, subsurface excavation. This comment deals with some of the legal problems facing contractors and governmental agencies in such excavation, and suggests possible solutions to these problems.
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process
University of Richmond Law Review
In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
Constitutional Law-Utility Shutoffs-A Violation Of Due Process Under Color Of State Law?
University of Richmond Law Review
Past judicial decisions concerning the right of a private utility to terminate-service for nonpayment of bills have consistently favored the utility. Yet victims of shutoffs, whether poor or merely outraged and inconvenienced, continue to attack shutoff actions through the regulatory commissions, legislation, and the courts. Their efforts have met with failure in all forums.
Constitutional Law - Search And Seizure - Magnetometer As Search
Constitutional Law - Search And Seizure - Magnetometer As Search
University of Richmond Law Review
As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.
Housing - Virginia Attacks Blockbusting
Housing - Virginia Attacks Blockbusting
University of Richmond Law Review
Discrimination in housing along racial, religious, ethnic, and class lines has long been a problem in the United States. The most widespread methods of housing discrimination have included preferential advertising, soliciting, and showings in housing sales and rentals. In recent years another type of discriminatory scheme, commonly referred to as blockbusting,' has surfaced. Blockbusting has been defined as "the practice of inducing owners of property to sell because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group." Typically, the blockbuster preys upon the fears and prejudices of white property owners …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
From The Editors
University of Richmond Law Review
The Editors of the Review dedicate this issue to the memory of Dean Muse, whose recent death has brought to a close an important era in the life of this Law School. Even amidst the sadness of his passing and the uncertainties associated with a change of leadership, there is an atmosphere of quiet excitement in anticipation of the school's future. Whatever the future may hold, it may be said that the Law School's past is a monument to the devoted efforts of Dean Muse.
William Taylor Muse- "The Dean", John W. Edmonds Iii
William Taylor Muse- "The Dean", John W. Edmonds Iii
University of Richmond Law Review
It is hard to discuss William Taylor Muse, or The Dean as he was known to most of us, without using superlatives in what would appear to the uninitiated a super abundance. William T. Muse was many things-a devoted husband and father, an ardent Baptist, an enthusiastic and constant fan of athletics at the University of Richmond, a recognized scholar and legal author, a teacher of law for forty years, secre- tary and president of the Virginia State Bar Association, and a Sunday School teacher for most of his adult life. To most of us, he was pri- marily two …
William Taylor Muse, Harold F. Snead
William Taylor Muse, Harold F. Snead
University of Richmond Law Review
When Dean William T. Muse departed this life on October 31, 1971, the University of Richmond and the Commonwealth of Virginia suffered a major loss. His many valuable contributions to the University of Richmond, especially the Law School, are a living monument to him. When he was appointed Dean of the Law School in 1947, he resolved to make it one of the finest law schools in the nation. Because of his outstanding legal and administrative ability, devotion to his duties and unimpeachable character, he accomplished his goal. The fact that the Centennial campaign for $500,000 was a success is …
A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield
A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield
University of Richmond Law Review
Within the world of commerce, long-term supply contracts are common. Manufacturers seek to establish dependable customers and consumers hope for the security of a reliable supply. Short of vertical integration no commercial arrangement accomplishes these ends more efficiently than the several varieties of exclusive arrangements.
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
An Introduction To Virginia's New Rules Of Criminal Practice And Procedure, Murray J. Janus
University of Richmond Law Review
On January 1, 1972 the new Virginia Rules of Criminal Practice and Procedure became effective, some three and one-half years after the President of the Virginia State Bar Association appointed a Special Committee to draft these proposed Rules. Mr. Justice Thomas C. Gordon, Jr., was appointed Chairman of the Committee in June of 1968. Peter C. Manson, Professor of Criminal Law at the University ,of.Virginia,acted as consultant for the Committee and he made available special student assistants who were invaluable with their research. In addition, two judges of courts of record with criminal jurisdiction, the Honorable Edmund P. Simpkins, Jr., …