Law Commons^™

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.

The Uniform Disposition Of Community Property Rights At Death Act: Virginia In 1979?, J. Rodney Johnson

Law Faculty Publications

The presence of community property in the estate of a Virginia domiciliary poses a series of problems that are being faced with increasing regularity by a growing number of Virginia attorneys. While Virginia has always followed the common-law system of property ownership, Virginia also adheres to the general rule that " (a) change of domicile from a state where the community property prevails to a commonlaw state does not affect the community character of property previously acquired".1 Thus, although Virginia's common-law system of property ownership will govern the property rights of married persons who have moved from a community property …

Proof Of Paternity - The New Test, J. Rodney Johnson

Law Faculty Publications

The true identity of a child's father has been the subject of speculation in many a case, literally speaking, as far back as the memory of man runneth. And, the rather obvious social problem giving occasion to this speculation refuses to remain a facet of our moral history. Indeed, if statistics relating to the number of illegitimate births in the United States can be viewed as a valid indicator of the magnitude of this problem of speculative paternity in contemporary times, the problem has never been greater.

Due Process Protections For Tenants In Section 8 Assisted Housing: Prospects For A Good Cause Eviction Standard, Mary L. Heen

Law Faculty Publications

...the Section 8 program was designed to attract private participation in a program of economically mixed housing, it poses special problems and obstacles to Section 8 tenants who, in the absence of HUD action, may turn to the courts for protection from arbitrary evictions. This article seeks to examine those difficulties and explore arguments for establishment of a Section 8 due process good cause eviction standard similar to that already judicially established for conventional public housing and for the FHA subsidized housing program.

Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal

Law Faculty Publications

This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is …

The Right To Treatment, Adrienne E. Volenik

Law Faculty Publications

This article seeks to. trace the development of the right to treatment in the juvenile justice system from its origins to the present. This exposition does not represent an in-depth analysis of the concept. Instead it seeks to acquaint the reader with how the right has been interpreted as being applicable to various phases of the juvenile system. This is accomplished through a summary of individual cases.

The author does not intend to posit her views on the future role the right to treatment will play in the juvenile justice system or the influence that it will have on decision …

Review On The First Hundred Years: A Short History Of The School Of Law Of The University Of Virginia For The Period 1826-1926, William Hamilton Bryson

Law Faculty Publications

A book review on The First Hundred Years: A Short History of the School of Law of the University of Virginia for the Period 1826-1926 by John Ritchie.

Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson

Law Faculty Publications

A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1978-1979, University Of Richmond

Law School Catalogues

General Information:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late T. C . Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C . Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes

University of Richmond Law Review

This article identifies the key factors that are taken into consideration by federal judges empowered to apply and give doctrinal content to the rules governing judicial review. The original inspiration was more modest. The article, as conceived, was to be simply an attempt to clarify the concept of reviewability. After some thinking about the topic, the close relationship between the concept of reviewability and other concepts of judicial review became clearer to me, and I decided that a useful antidote to the customary analysis, which emphasizes distinctions among these various concepts, is to emphasize their similarities.

Statutory Changes In Child Placement, Kathleen S. Mehfoud

University of Richmond Law Review

Based on recommendations by the Joint Subcommittee on the Placement of Children for Adoption, [hereinafter cited as the Subcommittee], the 1978 Session of the General Assembly made significant changes in the adoption statutes. The study by the Subcommittee was authorized during the 1977 Session following the introduction of several bills which would have permitted physicians and attorneys to participate in child placement without being licensed. The Assembly felt that such an important issue was deserving of closer scrutiny and therefore commissioned the study. The Subcommittee was directed to probe with particular care the special case of "independent adoptions," that is, …

Take-Over Bid Disclosure Act, Elliott H. Dejarnette

University of Richmond Law Review

The recent changes in the Take-Over Bid Disclosure Act by the General Assembly in its 1978 session are essentially a return to the shorter time limit requirements that existed prior to the 1977 amendment to the Virginia Code. As before, the offeror company which is contemplating a take-over of another corporation's stock [hereinafter referred to as the target corporation] must file with the State Corporation Commission [hereinafter referred to as SCC] and with the registered agent of the target corporation a statement which contains all information required by § 13.1-531(b). This filing must be made twenty days prior to such …

Prepaid Legal Services: A New Frontier, Joseph R. Winston

University of Richmond Law Review

During its 1978 regular session, the Virginia General Assembly continued its efforts to regulate prepaid legal services. Enacted was a bill designed to regulate certain legal services plans not covered by Virginia or federal statute.

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …

Virginia Wealth Transfer Tax- Proposed Alternatives, Michael D. Flemming

University of Richmond Law Review

House Resolution 34, which was approved by the House of Delegates during the 1977 session of the Virginia General Assembly, observed that Virginia's inheritance and gift tax laws have remained essentially unchanged for more than 50 years and commissioned a study of those laws "in light of recent developments."' The proponents of House Resolution 34 no doubt had the 1976 amendments to the federal estate and gift tax laws fresh on their minds. But in addition to the federal changes, several of the states have altered their approach to transfer taxation in recent years. These changes expand the options available …

Dissenting Stockholders' Rights In Virginia: Exclusivity Of The Cash-Out Remedy And Determination Of "Fair Value", Howard T. Macrae Jr.

University of Richmond Law Review

Until relatively recent times, the generally accepted rule was that a corporation could not merge, consolidate or sell all of its assets without the unanimous consent of its stockholders. Each stockholder was accordingly vested with an individual right of veto over any such corporate action from which that stockholder might dissent. In order to eliminate this shackle on corporate activity, state legislatures enacted legislation permitting corporations to enter into such so-called "extraordinary transactions" as mergers, consolidations and sales of all or substantially all of the corporate assets upon some specified majority vote of all of its stockholders. The price extracted …

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for the Volume 12 Law Review.

Closing The Closing Gap, James G. Cosby

University of Richmond Law Review

It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.

Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce

University of Richmond Law Review

The United States Supreme Court in Boddie v. Connecticut held that a state denies due process of law to indigent persons by refusing to permit them to bring divorce actions except on payment of court fees and service-of-process costs. Virginia allows a waiver of court fees by its in forma paupersstatute, Va. Code Ann. § 14.1-183 (Repl. Vol. 1977), but the Commonwealth continues to require indigents to serve by newspaper publication any non-resident defendant who otherwise cannot be served. Newspaper publication costs in the city of Richmond approximate $150. This practice directly confronts the Boddie mandate that ". . . …

Clinical Education-A Golden Dancer?, W. Wade Beryyhill

University of Richmond Law Review

Before any revealing analysis of clinical education can take place, it is necessary, as well as helpful, to look briefly at the history and criticisms of legal education which spawned the emphasis in clinical programs. These efforts will be followed by an analysis of the recent clinical movement. The most predominant American law school programs generally termed "clinical" experience will be identified, described and critiqued. Section four of this article discusses the results of the author's survey QUESTIONNAIRE: Classroom Teaching Techniques and Programsof ClinicalEducation.Deans, or clinical faculty members if the law school had an ongoing clinical program, plus certain law …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Inheritance Rights Of Children In Virginia, J. Rodney Johnson

University of Richmond Law Review

The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. The first of these sections was contained in Virginia's original code of descent and distribution which was enacted in October, 1785, and the last of these sections was enacted by the 1974 session of the General Assembly. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger …

The Professional Corporation: An Overview, Halford I. Hayes

University of Richmond Law Review

The purpose of this comment is to provide a newly formed, moderate-sized legal firm or the beginning legal individual practitioner with a broad overview of the benefits and problems that a professional corporation [hereinafter PC] offers when compared to a partnership or individual proprietorship structure. The emphasis here will be on the availability of in-depth material in the field along with the governing Internal Revenue Code and Treasury Regulations sections.

Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell

University of Richmond Law Review

A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.

Dissolution, Forfeiture, And Liquidation Of Virginia Corporations, Joel D. Gusky

University of Richmond Law Review

Article 7 of Virginia's Corporation Code, under the general heading of "dissolution", describes the various methods by which corporate existence terminates in Virginia. Although Article 7 speaks in terms of dissolution per se, in reality there are three separate and distinct forms of dissolution: (1) voluntary dissolution, (2) forfeiture, and (3) liquidation of the corporation by a court of equity upon the petition of either the stockholders or the creditors of the corporation sought to be dissolved. Each section is sui generis and has certain procedures which incorporators, the State Corporation Commission (Commission), stockholders, or creditors must follow in order …

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."

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 …

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.