Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Constitutional Law (15)
- Civil Procedure (6)
- Criminal Procedure (6)
- Criminal Law (5)
- Legal Biography (4)
-
- Torts (4)
- Insurance Law (3)
- Property Law and Real Estate (3)
- Administrative Law (2)
- Antitrust and Trade Regulation (2)
- Business Organizations Law (2)
- Conflict of Laws (2)
- Courts (2)
- Evidence (2)
- Family Law (2)
- First Amendment (2)
- Jurisdiction (2)
- Labor and Employment Law (2)
- Tax Law (2)
- Agriculture Law (1)
- Banking and Finance Law (1)
- Civil Law (1)
- Civil Rights and Discrimination (1)
- Commercial Law (1)
- Communications Law (1)
- Consumer Protection Law (1)
- Contracts (1)
- Education Law (1)
- Energy and Utilities Law (1)
- Keyword
-
- Recent Decisions (4)
- Atkins v. Schmutz Manufacturing Co (2)
- Book Reviews (2)
- Civil Rights Act (2)
- Dean Muse (2)
-
- Erie Railroad Co. v. Tompkins (2)
- From the Editors (2)
- Guaranty Trust Co. v. York (2)
- Recent Legislation (2)
- Review (2)
- UCC (2)
- UCCC (2)
- Uniform Commercial Code (2)
- Uniform Consumer Credit Code (2)
- A Survey of the Antitrust Law of Exclusive Agreements (1)
- A Tribute to Dean William Taylor Muse (1)
- ACA (1)
- AGDV (1)
- Adams v. Egley (1)
- Adkins v. Commonwealth (1)
- Administrative Procedure Act (1)
- Age of Majority (1)
- Aguilar v. Texas (1)
- Allen v. United States (1)
- An Introduction to Virginia's New Rules of Criminal Practice and Procedure (1)
- Annual Gross Dollar Volume (1)
- Argersinger v. Hamlin (1)
- Arthur Benaglia (1)
- Articles (1)
- Askew v. Hargrave (1)
Articles 31 - 60 of 60
Full-Text Articles in Law
Plea Bargaining: The Case For Reform
Plea Bargaining: The Case For Reform
University of Richmond Law Review
Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …
Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris
University of Richmond Law Review
The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …
Erie In Balance-Will Equity Tip The Scale?
Erie In Balance-Will Equity Tip The Scale?
University of Richmond Law Review
A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.
Deadlocked Juries-The "Allen Charge" Is Defuse
Deadlocked Juries-The "Allen Charge" Is Defuse
University of Richmond Law Review
A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.
Abrogation Of Governmental Immunity- Prospective, Quasi-Prospective, Or Retrospective Application
Abrogation Of Governmental Immunity- Prospective, Quasi-Prospective, Or Retrospective Application
University of Richmond Law Review
There is probably no tenet in our law that has been more universally berated by courts and legal writers alike than the doctrine of governmental and sovereign immunity. In response to this criticism, recent cases have indicated the existence of a trend to abrogate the doctrine either in whole or in part. Because the merits of the abrogation of governmental and sovereign immunity have been thoroughly discussed in the past, only the various methods of application will be discussed herein.
Automobile Guest Statutes- Infants Under Fourteen Years Of Age Held Incapable Of Accepting Guest Status
University of Richmond Law Review
Virginia's guest statute is a legislative codification of the common law gross negligence rule made applicable to automobile guests. The purpose of this statute is to protect the gratuitous host from a lawsuit at the hands of the very person to whom he is extending the gratuity, and to prevent collusion between the host and his guest against insurers. The increasing popu- larity of automobile travel has prompted over half of the states to adopt similar legislation, but unfortunately, these statutes have produced what has been appropriately called a "tangle of confusion."
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?
University of Richmond Law Review
The United States Constitution guarantees every person the privilege of refusing to divulge self-incriminating testimony. When the acquisition of such testimony has been deemed necessary by the government, the United States Supreme Court has upheld statutes which require the witness to divulge the testimony, but only when such statutes have granted the witness an immunity which is coextensive with his fifth amendment privilege. There are two concepts as to the adequacy of an immunity which attempts to preserve the constitutional privilege of the witness: 1) a "transactional" immunity which renders the witness free from prosecution in a subsequent criminal proceeding …
Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law
University of Richmond Law Review
"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional
University of Richmond Law Review
The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.
Broadcasting's Fairness Doctrine- An Illogical Extension Of The Red Lion Concept
Broadcasting's Fairness Doctrine- An Illogical Extension Of The Red Lion Concept
University of Richmond Law Review
Television and radio advertising is fully accepted in our society as part and parcel of the American way of life. The business community of this country spends billions of dollars annually on commercials, attempting to convince Americans that they have an immediate and pressing need for products as diverse as panty hose and snow tires, roll-on deodorant and chain saws. In bad taste to some, boring or amusing to others, one thing these commercials have not been, is controversial. Should the United States Supreme Court uphold a recent District of Columbia Court of Appeals decision, the day may not be …
Book Reviews, Jack S. Shackleton, James R. Saul
Book Reviews, Jack S. Shackleton, James R. Saul
University of Richmond Law Review
These are the book reviews from 1972.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Law Review Vol. 6.
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
With this volume the Review proudly welcomes Dr. Harold G. Wren as the new Dean of the T. C. Williams School of Law. Dr. Wren suc- ceeds M. Ray "Judge" Doubles, who unselfishly returned from retire- ment to serve as Interim Dean for almost an entire academic year. Dr. Wren has accepted a great challenge in becoming the Dean when many feel that bold and decisive steps need to be taken to insure that T. C. Williams continues as one of the forerunners of legal education in Virginia.
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
University of Richmond Law Review
Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …
The Assimilative Crimes Act
University of Richmond Law Review
An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
Extension Of The Sixth Amendment Right To Counsel- The Road From Wade To Ash
University of Richmond Law Review
The sixth amendment of The United States Constitution provides: "[I]n all criminal prosecutions, the accused shall enjoy the right . . . to have Assistance of Counsel for his defence." The constitutional guarantee of right to counsel is no more explicit than this, thus creating the problem of determining at what point in our adversarial criminal system the guarantee attaches.
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
University of Richmond Law Review
Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Enforcing Security Interests In Consumer Goods: Some Notes On The Vicious Cycle, Richard E. Speidel
Enforcing Security Interests In Consumer Goods: Some Notes On The Vicious Cycle, Richard E. Speidel
University of Richmond Law Review
The Uniform Commercial Code (UCC), now effective everywhere except Louisiana, is conspicuously neutral on consumer protection issues, leaving these matters to other laws, if any, in the adopting state. In the past few years, considerable pressure for reform of the consumer credit transaction has been manifested. One example of proposed re- form is the Uniform Consumer Credit Code (UCCC), approved by the National Conference of Commissioners on Uniform State Laws and the American Bar Association, and recommended for adoption by the several states.
Some Problems Of Consumer Class Actions, John Krahmer
Some Problems Of Consumer Class Actions, John Krahmer
University of Richmond Law Review
As a procedural device the class action has a respectably long history and, from its beginnings, has been recognized as an action founded at least as much upon convenience as upon legal theory. Interestingly enough, it was the insistence of the early equity courts on the convenient administration of justice that led to the general rule requiring all parties interested in the subject matter of a suit to be joined before the suit could go forward, and this rule presented the first barrier to the maintenance of a class suit. As Professor Chafee has pointed out, the early judges, concerned …
Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.
Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.
University of Richmond Law Review
"Consumer protection" in recent years has become one of the great populist concerns, particularly in the area of consumer credit. As one should expect, however, there has been no unanimity as to who should be protected from what, or from whom, nor as to the means of providing such protection. Some feel that consumer protection still means "self-protection" in the existing system-let the buyer beware-and view consumer education in a broad sense as perhaps the most important aspect of providing protection. Others view consumer protection as a matter outlawing or regulating abusive practices and giving the consumer more rights. Some …
Restraints On Incumbent Directors In Intracorporate Battles For Control (Introduction), Aaron Yoran
Restraints On Incumbent Directors In Intracorporate Battles For Control (Introduction), Aaron Yoran
University of Richmond Law Review
Any organization that entrusts the management of its affairs to a controlling group must devise checks to restrain the controllers during their incumbency. Those in control must specifically be placed under restraints that will prevent their using the organization's powers and assets to perpetuate their incumbency. In the corporate system, the need for effective restraints has become more compelling with the progression from private ownership through majority ownership and minority control to management control.
The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue
University of Richmond Law Review
When an action is initially brought in a state or federal court and is dismissed for lack of proper venue or jurisdiction, it frequently becomes necessary to determine whether the applicable statute of limitations has been tolled ,during the pendency of the action. If a second action is instituted after the "statutehas run, the action will be considered time-barred in the absence of a tolling doctrine.
Constitutional Law-Private Discrimination Remains Intact
Constitutional Law-Private Discrimination Remains Intact
University of Richmond Law Review
As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.
Insurance-Stacking-Multiple Recovery Permitted Under Single Policy Insuring More Than One Vehicle
Insurance-Stacking-Multiple Recovery Permitted Under Single Policy Insuring More Than One Vehicle
University of Richmond Law Review
"Pyramiding" or "stacking" as applied to an automobile insurance policy covering more than one vehicle occurs when a claimant under the provisions of a policy is permitted to aggregate the limits of the units of coverage in that policy to satisfy a claim against the insurer. This enables a maximum possible recovery of a sum equal to the declared limits of the insurer's liability multiplied by the number of vehicles covered under the policy. The Virginia Supreme Court has previously applied the concept of stacking to a claim under the medical payments coverage provision of a multi-car policy. In two …
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
Vendor And Purchaser-Abrogation Of Caveat Emptor In New Home Sales By Builder
University of Richmond Law Review
Protection against latent defects exists for the purchaser of a forty-nine cent ball point pen under an implied warranty of merchantability, but no such protection prevails for the vendee of a $50,000 home in the absence of fraud, misrepresentation, or an express warranty of condition and habitability. Such is the anomaly created by the doctrine of caveat emptor, still ruthlessly applied in a majority of American jurisdictions. In two cases recently adjudicated, Elderkin v. Gaster and Smith v. Old Warson Development Co., the courts abandoned caveat emptor in the sales of new homes by builder-vendors where latent defects are at …
Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service
University of Richmond Law Review
The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …
Wrongful Death-"Child" As Used In Wrongful Death Statutes Includes Unacknowledged Posthumous Illegitimate
University of Richmond Law Review
"With liberty and justice for all" is a familiar phrase upon which the American system of jurisprudence is founded. Yet society has been slow to allow a large number of its citizens to enjoy the benefits of such equal justice. Exemplifying this inconsistency is the stigma that envelops illegitimacy. "Illegitimacy is a way of life-a second-class way of life, imposed not only by the fact of birth outside a family, but by law as well." The fact that society has accepted and continues to accept this legislatively enforced discrimination against illegitimate children, while favoring legitimate children, may rest on the …