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Museletter: September 1989, Muse Law Library Staff

Museletter

Table of Contents:

Changes Over the Summer!!

New Times for Lexis and Westlaw

Speaking of Lexis and Westlaw...

New Computer Lab Policy

Recreational Reading Reviews by Joyce Manna Janto, Associate Director for Collection Development

Who's Who in the Law Library, Part I: Public Services

Waivers

Questions & Suggestions

Richmond Law Magazine: Summer 1989

Richmond Law Magazine

Features:

Hooding Ceremony Highlights Commencement

Graduation: Gateway to the Profession

Law School Association Elects New Board Members

Rico's "Pattern" of Racketeering Activity

Second Annual Author's Reception Attracts Legal Community

Museletter: June 1989, Muse Law Library Staff

Museletter

Table of Contents:

Open July 4th?!

Exams!*?

Law Library Hours

Sample Exams

Nutshells and Hornbooks

Recreational Reading Reviews by Joyce Manna Janto, Acquisitions Librarian

Questions & Suggestions

Museletter: April 1989, Muse Law Library Staff

Museletter

Table of Contents:

The Law Library in Transition: 1988-89 Developments Hint at Future

MDC Trial Offer: Free Nexis Access for Law Students/Faculty Through August

Looking Back: Women at T.C. Williams by Lucinda D. Harrison, Reference Librarian

Smoking No Longer Allowed in Library

Library Acts on Student Demands for Quiet During Exam Crunch

Library Staff News: Associate Librarian Accepts Position at Georgetown

Recreational Reading Reviews by Joyce Manna Janto, Acquisitions Librarian

Questions & Suggestions

Foreward, David G. Epstein

Law Faculty Publications

The decision by the Board of Editors of the Mississippi College Law Review to publish a bankruptcy symposium issue is a timely one. In the boardrooms of American businesses and the kitchens of American families, more and more people are talking about bankruptcy; more and more people are deciding to file bankruptcy petitions. This increase in bankruptcy filings is in part attributable to world, national, and local economic changes, in part attributable to changes in business and society and in business and societal values, in part attributable to changes in the bankruptcy law.

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1988-89), J. Rodney Johnson

Law Faculty Publications

The 1989 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were twelve cases from the Supreme Court of Virginia, one case from Virginia's intermediate court of appeals, and one federal case in the year ending June 1, 1989, that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

When Racists And Radicals Meet, Ronald J. Bacigal, Margaret Ivey Bacigal

Law Faculty Publications

In order to stimulate scholarly discussion, this Essay presents an empirical account of the Greensboro incident from the perspective of those who participated in the episode and in the resulting civil rights trial. The Essay traces the circumstances leading to the violence and reviews the resultant litigation with special attention given to the role of the trial judge in politically volatile cases. The candid reflections offered by the trial judge and other participants allow the reader to examine both the event and the litigation, not merely in the abstract, but as implemented by flesh-andblood lawyers, litigants, and judges. .

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

Rules 2:41 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. 3 Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute,4 it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass

Law Faculty Publications

This article begins with a brief introduction to Virginia's uninsured motorist statute. The article then addresses the stacking of uninsured and underinsured motorist coverage and the problem of multiple tortfeasors. It also addresses the priority among insurers, where several uninsured motorist insurance carriers may be held liable for a single injury. The article closes with a summary of the most recent legislative and judicial pronouncements on the subject. A review of Virginia cases demonstrates that the result in almost any stacking problem is best determined by reference to a very simple rule: Read the Statute and Read the Policy!

Rule 11 And Civil Rights Litigation, Carl W. Tobias

Law Faculty Publications

The recent amendment of rule 11 may well have engendered more controversy than any other revision since the Federal Rules of Civil Procedure were first promulgated one-half century ago. The new version essentially requires that judges impose sanctions on lawyers and parties who fail to conduct reasonable inquiries before filing court papers. The amendment's adoption was prompted by increasing concern about abuse of the litigation process and about the "litigation explosion" -the perception that unprecedented numbers of civil cases were being filed and that too many lacked merit. Proponents have hailed the revised rule as the savior of the civil …

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

This survey reviews recent case law and related developments under articles 1, 2, 6, and 7 of the Uniform Commercial Code ("U.C.C." or "Code").

Revitalizing The Consumer Product Safety Commission, Carl W. Tobias

Law Faculty Publications

The Consumer Product Safety Commission (CPSC), having recently celebrated its sixteenth birthday, no longer can claim to be a young agency. On October 27, 1972, Congress created the Commission to protect individuals from deaths and injuries caused by dangerous or defective consumer products. Yet the CPSC, as it approaches maturity, has failed to fulfill numerous purposes for which Congress established it.

Respect For Diversity: The Case Of Feminist Legal Thought, Carl W. Tobias

Law Faculty Publications

Respect for diversity was one quality many faculty members considered significant when searching in 1987 for a new dean of the University of Michigan School of Law. Yet other so-called elite law schools and less prestigious institutions recently have evinced little concern for diversity and even indifference toward the idea. Tenure and appointment disputes at several Ivy League schools have sparked heated controversy and call into question their institutional commitments to diversity. Those disputes have involved the legitimacy of work by women in legal theory and feminist legal thought, although considerable contentious activity also seems to reflect a general lack …

Leon Jaworski, William Hamilton Bryson

Law Faculty Publications

An encyclopedia entry on Lew Jaworski

Prisons, Edward L. Ayers

History Faculty Publications

American penitentiaries developed in two distinct phases, and southern states participated in both. Virginia, Kentucky, Maryland, and Georgia built prisons before 1820, and between 1829 and 1842 new or newly reorganized institutions were established in Maryland, Tennessee, Georgia, Louisiana, Missouri, Mississippi, and Alabama. Only the Carolinas and Florida resisted the penitentiary before the Civil War.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Procedure, James E. Ryan Jr., Renata Manzo Scruggs

University of Richmond Law Review

In 1989, the Virginia General Assembly made several relatively minor, but significant, changes to the Virginia Administrative Process Act (VAPA). These amendments modified the manner in which agencies may promulgate regulations and conduct informal fact finding hearings. Two new exemptions to the VAPA were created: one for rules for the conduct of specific lottery games; and a second for orders condemning shellfish growing areas. In other changes, rulemaking proceedings conducted by the State Water Control Board (SWCB), certain decisions of the Board of Social Services, and amendments to standards for asbestos inspections became subject to different provisions of the VAPA.

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.

Annual Survey Of Virginia Law: Employment Law, Keith D. Boyette, Robert T. Billingsley, Randal M. Reaves, Paul A. Simpson

University of Richmond Law Review

This survey covers judicial and legislative developments in Virginia employment law between June 1988 and June 1989. The survey does not address judicial and legislative developments in the areas of workers' compensation or unemployment compensation.

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1989 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were twelve cases from the Supreme Court of Virginia, one case from Virginia's intermediate court of appeals, and one federal case in the year ending June 1, 1989, that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.

The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach

University of Richmond Law Review

The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible. Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people …

Handbook On Virginia Civil Procedure, A Guide To Legal Research In Virginia, Gail Starling Marshall, Steven D. Hinckley

University of Richmond Law Review

Professor Bryson's Handbook on Virginia Civil Procedure ("Handbook") which is now out in an expanded second edition, was written as an introduction to Virginia civil procedure for the students who study with him at the T.C. Williams School of Law at the University of Richmond. However, it will find an appreciative audience among two other distinct and occasionally overlapping groups of readers: active litigators who seek a ready reference on Virginia's civil-law procedures and practices, and legal history buffs who enjoy an excursus on the Anglo-American antecedents of Virginia's sometimes unique approach to civil litigation.

Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland

University of Richmond Law Review

A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.

Annual Survey Of Virginia Law: Antitrust Law, Michael F. Urbanski

University of Richmond Law Review

Increasingly, the state and federal antitrust laws are being invoked in a wide variety of civil, criminal, commercial and professional disputes. While the availability of treble damages and an award of costs and attorneys' fees to a prevailing plaintiff likely provides the impetus for the assertion of civil antitrust claims, such claims have met with little success in Virginia during 1988 and 1989. Rather, antitrust defendants have substantially prevailed by asserting defenses based on, inter alia, antitrust immunity; the failure to establish the required nexus with interstate commerce; the failure to prove the existence of a conspiracy; the failure to …

Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton

University of Richmond Law Review

In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.

A Tribute To Nina R. Kestin, Daniel T. Murphy

University of Richmond Law Review

The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor Nina R. Kestin, 1947-1989. Professor Kestin earned her law degree and masters degree in taxation from New York University. She practiced law in New York for several years before joining the faculty of the T.C. Williams School of Law here in 1976. Many students learned their tax law and professional responsibility principles from her during her 13 years of teaching. But Professor Kestin taught her colleagues and students much more than the law.

Annual Survey Of Virginia Law: Property Law, James W. Theobald, Charles H. Rothenberg

University of Richmond Law Review

Numerous court decisions affecting property law in Virginia have been announced since the last edition of this portion of the annual survey. Significant decisions of the Supreme Court of Virginia, Virginia Court of Appeals and the Court of Appeals for the Fourth Circuit are discussed in Section I of this article. Furthermore, a prolific General Assembly has passed various legislation affecting property law ranging from condominiums to zoning. Significant legislation is discussed in Section II.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Law Review Volume XXIII.

Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas

University of Richmond Law Review

Often, the first question asked by a plaintiff's attorney in evaluating a serious automobile accident case is, "How much insurance coverage is available?" That same question can pose perplexing issues for defense attorneys or insurance counsel in assessing a client's exposure to liability. In Virginia, these questions often re- quire the attorney to consider the application of Virginia's Uninsured Motorist statutes and the import of "stacking" of coverage.

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

Rules 2:4 and 3:3(c) of the Rules of Virginia Supreme Court ("Rules of Court") require the dismissal of an action if service of process is not accomplished within one year after the filing thereof unless the plaintiff can show "due diligence" or good cause for the delay. Since the plaintiff can get personal service on a defendant who has absconded by means of the general long arm statute, it will be a heavy burden in practice to show due diligence or good cause or it will be a highly unusual situation. Recently, two issues have arisen regarding these rules.