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Articles 31 - 48 of 48
Full-Text Articles in Law
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
University of Richmond Law Review
Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …
Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips
Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips
University of Richmond Law Review
Most people consider automobiles to be a safe place to store personal effects. But just as innocent articles can be kept in automobiles, so can contraband or other evidence of crime. Thus, courts have had to apply the law of search and seizure-which once spoke primarily to the security of the home-to a new setting. The courts treatment has not always been consistent. With a proper warrant, the search of an automobile is valid; but the more perplexing question is, "When is such a search valid without a warrant?" This comment attempts to answer that question, in part, by surveying …
The Fate Of Non-Compliant Municipalities With Regard To The Secondary Treatment Standards Pursuant To The 1972 Federal Water Pollution Control Act Amendments- A Problem Of Enforcement, Tom Bondurant
University of Richmond Law Review
Water pollution is a dualistic problem which concerns both water quality and adequacy of supply of water. The failure to maintain a certain standard with regard to quality and/or adequacy leads to detrimental effects in such areas as domestic water supply, industrial water supply, agricultural water supply, wildlife watering, propagation of marine life, recreational activities, and aesthetic enjoyment.
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
University of Richmond Law Review
In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
University of Richmond Law Review
This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
University of Richmond Law Review
In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
University of Richmond Law Review
A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …
Subdivided Land Sales Act, Elliott H. Dejarnette
Subdivided Land Sales Act, Elliott H. Dejarnette
University of Richmond Law Review
In response to a committee study on the sale of recreational property, the 1978 Virginia General Assembly passed the Subdivided Land Sales Act. This act is designed to control the typical recreational land developer whose development consists of a hundred or more lots, part of which are sold by land sales installment contracts pursuant to a common promotional plan and where the purchasers are to have the use of and access to common facilities and amenities for which they pay annual assessments. It is estimated that there are over three hundred and fifty such recreational developments already existing in Virginia. …
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.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
University of Richmond Law Review
Through the years, the Supreme Court has emphasized numerous times that "[t]he heart of our national economic policy long has been faith in the value of competition." Indeed, this principle was reiterated last Term. Crucial to economic competition are the anti-trust laws, especially the Sherman Act.
Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson
University of Richmond Law Review
The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
University of Richmond Law Review
A pretrial evidentiary ruling by a Virginia federal district court judge in an automobile crashworthy products liability case permits the manufacturer-defendant to introduce evidence of non-use of a seat belt on the issue of damages.
Choice Of Law: The Abandonment Of Lex Loci Delicti--Should Virginia Follow The Trend?, Thomas J. Cavuto
Choice Of Law: The Abandonment Of Lex Loci Delicti--Should Virginia Follow The Trend?, Thomas J. Cavuto
University of Richmond Law Review
One of the great virtues of the common law is its dynamic nature that makes it adaptable to the requirements of society at the time of its application in court. There is not a rule of the common law in force today that has not evolved from some earlier rule of common law, gradually in some instances, more suddenly in others, leaving the common law of today when compared with the common law of centuries ago as different as day is from night. The nature of the common law requires that each time a rule of law is applied it …
The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred
The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred
University of Richmond Law Review
The United States Congress clearly has the power to regulate commerce within its territorial boundaries and with foreign nations, pursuant to Article I, Section 8 of the Constitution. However, implementation of the framers' policy decision to protect American markets and provide an open economic atmosphere has created a myriad of problems and questions with the overwhelming rise of multinational corporations internationally and domestically. In early attempts to deal with anti-competitive forces, Congress in 1890 enacted the Sherman Anti-trust Act. In addition to its efforts in 1890, Congress has periodically responded to international and domestic antitrust needs. The Clayton Act of …
Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen
Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen
University of Richmond Law Review
Insurance is a contract by which the insurer undertakes to indemnify the insured against loss arising from the destruction of or injury to the insured's property as a result of certain causes. By its very nature an indemnity contract obligates the insurer to reimburse the insured for the amount of actual loss suffered by the insured. There are, however, situations in which multiple insurance coverage exists; that is, the same interest and the same risk are insured at the same time by more than one separate and distinct insurance contract, each presumably liable in the event of loss of or …
Review Of Beverley Tucker: Heart Over Head In The Old South, William Hamilton Bryson
Review Of Beverley Tucker: Heart Over Head In The Old South, William Hamilton Bryson
Law Faculty Publications
A book review on, Beverley Tucker: Heart over Head in the Old South, by Robert J. Brugger.