Law Commons^™

Judicial Reflections Upon The 1973 Uprising At Wounded Knee, Ronald J. Bacigal

Law Faculty Publications

This essay presents a view of Wounded Knee from the perspective of federal district judge Robert R. Merhige, Jr., who was part of a judicial task force sent to South Dakota in 1973. Viewing Wounded Knee from the perspective of a trial judge discloses the social forces underlying Wounded Knee and also provides insights into the role of a trial judge in politically sensitive cases.

Invalidation Of Residency Requirements For Admission To The Bar: Opportunities For General Reform, Paul G. Gill

University of Richmond Law Review

Individuals must jump several major hurdles to earn the right to practice law. One hurdle state bars have traditionally imposed is the requirement that applicants demonstrate their residency in that state. This must be done either upon application, prior to admission, or upon admission. A residency requirement has been imposed on both applicants applying for admission by examination, and attorney applicants admitted on motion without exam.

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.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Sanctioning Defendants' Non-Willful Delay:The Failure Of Rule 55 And A Proposal For Its Reform, Carl B. Schultz

University of Richmond Law Review

For as long as parties have pursued claims through litigation, those against whom claims are asserted have delayed the litigation process. Defendants, and other parties against whom claims are asserted, (hereinafter collectively referred to as defendants), fail to answer complaints against them in time; they delay in responding to discovery requests, motions and court orders, and they fail to appear for trials and other proceedings.

What's Current In Asbestos Regulations, Janis L. Kirkland

University of Richmond Law Review

Asbestos, once valued as a superb insulator, is now recognized as a deadly carcinogen. The United States Environmental Protection Agency ("EPA") estimates that 733,000 public and commercial buildings in the United States contain friable asbestos or asbestos-containing materials. Thus, it is not surprising that an avalanche of litigation has resulted from concerns over exposure to asbestos.

Environmental Liens And Title Insurance, Robert S. Bozarth

University of Richmond Law Review

Increased concern for the environment and environmental protection laws have affected title insurance. To understand this effect, it is necessary to examine our environmental problems, the environmental laws and the nature of title insurance. This article also looks at the title insurance industry's reaction to these environmental risks as compared to the reaction of the property/casualty insurance industry.

Annual Survey Of Virginia Law: Construction Law, Daniel L. Fitch

University of Richmond Law Review

This article examines changes in the statutes affecting the area of construction law made by the General Assembly of Virginia in 1988 and 1989. This article will also examine judicial decisions from 1987, 1988 and the first half of 1989 that have affected construction law in the Commonwealth.

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and pesticide regulation which have occurred between the publication of last year's survey and August 1, 1989. Not considered herein are the Chesapeake Bay Preservation Area Designation and Management Regulations promulgated by the Chesapeake Bay Local Assistance Board.

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

The past year was significant on several fronts where delinquency was concerned. The General Assembly responded positively to fifteen years of advocacy for a separate administrative agency to deal with delinquent youths. There were several important Virginia decisions governing the transfer process in an era of growing concern about serious offenses by juveniles, and the Supreme Court of the United States brought some closure to constitutional attacks on the death penalty for minors.

Annual Survey Of Virginia Law: Professional Responsibility, Susan B. Spielberg

University of Richmond Law Review

This year, 1989, may become known as the Ethics Year as accounts of questionable behavior of public, governmental and leading business figures, many of whom are lawyers, proliferate in the media. Questionable ethical behavior leads to the erosion of public confidence in the legal profession and demonstrates the need for increased scrutiny of the conduct of lawyers in both their professional and private capacities.

Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin

University of Richmond Law Review

In the spring of 1986, a proposal was made to the Advisory Committee on the Rules of Court to the Judicial Council of Virginia (the "Advisory Committee") for a reorganization and review of the Rules of Court for the general district courts. The Advisory Committee authorized the creation of a subcommittee.

Annual Survey Of Virginia Law: Taxation, Carle E. Davis

University of Richmond Law Review

In its 1989 session, Virginia's General Assembly passed many bills amending sections of and adding new sections to title 58.1 of the Code of Virginia (the "Code"). These bills affected a broad range of areas, including the individual and corporate income tax, the sales and use tax, real estate and recordation taxes, and miscellaneous local taxes. The Virginia courts decided several cases concerning miscellaneous taxation issues. In addition, the Virginia Department of Taxation finalized regulations concerning the payment of estimated income taxes by individuals and fiduciaries and promulgated other emergency and proposed regulations. This article covers legislative and regulatory changes …

Remembering Nina R. Kestin, Kenneth E. Powell

University of Richmond Law Review

There are many people whose lives are different because Ricki Kestin was in it. I am one of those people. You will understand when I tell you that I did not want to speak today; that I did not want to tell you what I knew or thought or felt about Ricki.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Tobacco Suits Today: Are Cigarette Plaintiffs Just Blowing Smoke?, Milby Amott Mccarthy

University of Richmond Law Review

The Surgeon General has stated that cigarette smoking is the "chief, single, avoidable cause of death in our society and the most important public health issue of our time." Over 200,000 people die each year in the United States as a result of cigarette smoking. Consequently, numerous products liability suits have been filed against tobacco companies. However, until the 1988 decision in CipoIlone v. Liggett Group, Inc., no plaintiff had won a products liability suit against a tobacco company.

Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison

University of Richmond Law Review

It is a basic principle of the American system of jurisprudence that the courts of the United States are open. That includes not only the opportunity for the public to attend courtroom proceedings, but also the right to examine the documents that are filed in court. However, this principle of openness can sometimes come into conflict with other principles in our justice system. Everyone recognizes that there are some situations in which information should not be made public, at least not immediately. The problem is how to identify and limit those situations in which information is not made public so …

Environmental Liability In Real Property Transactions, Timothy G. Hayes, William J. Dinkin

University of Richmond Law Review

In recent years, the scope of environmental liability has broadened considerably. Cleanup costs are no longer solely the concern of those directly engaged in the generation and disposal of hazardous wastes. Federal and state environmental statutes now create potential liability for parties to a variety of seemingly innocent transactions. Purchasers of contaminated property may be required to pay for hazardous waste cleanup. Corporate entities may also face environmental liability through mergers, consolidations and asset acquisitions. In addition, lenders may risk liability or impairment of collateral when contaminated property is used to secure a loan.

The Defensive And Offensive Use Of "Poison Pills" Within The Business Judgment Rule, Wendy B. Gayle

University of Richmond Law Review

Corporate directors owe fiduciary duties of care and loyalty to the corporation and its shareholders as a result of their position of control. In general, the standard for the duty of care owed by a director is one of a prudent person in similar circumstances. The duty of loyalty prohibits directors from engaging in self-dealing transactions and acts of bad faith.

Annual Survey Of Virginia Law: Domestic Relations, Lawrence D. Diehl

University of Richmond Law Review

In 1989, the Virginia General Assembly enacted significant legislation authorizing the creation of an experimental family court. The experimental program is an attempt to examine the unification of the circuit court and the juvenile and domestic relations district court's jurisdiction of divorce cases. The program's goals include the elimination of duplicate hearings, the savings of client costs, and the elimination of de novo appeals.

Annual Survey Of Virginia Law: Business And Corporate Law, Donald E. King

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial decisions, including: (1) two Eastern District of Virginia cases in which Virginia corporate law was applied to help ward-off hostile takeovers; (2) three Fourth Circuit opinions affecting private actions under the federal securities laws; (3) a Supreme Court of Virginia decision specifically enforcing a close corporation buy-sell agreement against a deceased shareholder's widow; (4) an Eastern District of Virginia case in which close corporation squeeze-out allegations were held sufficient to state a federal claim for securities fraud; and (5) a Western District of …

The Fcc And Five Years Of The Cable Communications Policy Act Of 1984: Tuning Out The Consumer?, Mark R. Herring

University of Richmond Law Review

The Cable Communications Policy Act of 1984 (the "Cable Act") was a comprehensive amendment to the Communications Act of 1934. The Cable Act established the national policy for the regulation of the cable television industry. The focus of the Cable Act and the administrative rules implementing the act has been on the relationship between franchising municipal authorities and cable television operators. Congress addressed some consumer issues in the Cable Act such as subscriber privacy, commercial access channels, and public, educational, and governmental ("PEG") channels.

Public Law Litigation And The Federal Rules Of Civil Procedure, Carl W. Tobias

Law Faculty Publications

The public interest litigant is no longer a nascent phenomenon in American jurisprudence. Born of the need of large numbers of people who individually lack the economic wherewithal or the logistical capacity to vindicate important social values or their own specific interests through the courts, these litigants now participate actively in much federal civil litigation: public law litigation. Despite the pervasive presence of public interest litigants, the federal judiciary has accorded them a mixed reception, particularly when applying the Federal Rules of Civil Procedure. Many federal courts have applied numerous Rules in ways that disadvantage public interest litigants, especially in …

European Political Cooperation After The Single European Act: The Future Of Foreign Affairs In The European Communities, Daniel T. Murphy

Law Faculty Publications

The Single European Act (SEA) consists of two ostensibly unrelated sets of provisions, both of which are intended to contribute to unification among members of the European Communities. Perhaps the major, and most widely publicized, provisions of the SEA consist of amendments to the Treaty of Rome (EEC Treaty). The remaining provisions of the SEA, predominately title III, formalize the system of European Political Cooperation (EPC) within the member states.

Although not widely written about, or perhaps appreciated in this country, EPC has become an efficient system for coordinating foreign affairs positions within the European Economic Community (EPC). The EEC …

In Praise Of Student-Edited Law Reviews: A Reply To Professor Dekanal, John Paul Jones

Law Faculty Publications

Prof. Jones responds to a previous writer's arguments that the student-edited law review be replaced by journals edited by law faculty members. He argues that there are not enough willing faculty editors and staff members to sustain the present number and production rate of law journals.

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.

Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii

University of Richmond Law Review

Health care law has proven to be a fertile ground for both legislative and judicial activity. The field covers a wide range of legal concerns including regulatory issues such as the Virginia Certificate of Public Need laws, hospital licensure statutes, antitrust issues as they relate to the activities of physicians, hospitals and other health care related institutions, as well as basic issues of contract and tort law. The recent year witnessed substantial legislative and judicial changes. This article discusses these changes as they affect hospitals, physicians and other participants in the health care industry in the Commonwealth of Virginia.

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.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Law Review Volume XXIII.

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.