Law Commons^™

Arizona V. Evans: Adapting The Exculsionary Rule To Advancing Computer Technology, C. Maureen Stinger

Richmond Journal of Law & Technology

The Fourth Amendment to the Constitution protects people from illegal search and seizure: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The exclusion of evidence obtained from such an illegal search, known as the exclusionary rule, is purported to sanction unconstitutional police conduct by prohibiting illegally seized evidence from being admitted into court. The …

Richmond Law Magazine: Winter 1996

Richmond Law Magazine

Features:

Pro Bono

Pro Bono Service Tradition

A Difference of One

100 Years Old

Capture And Counteraction: Self-Help By Environmental Zealots, James E. Krier

University of Richmond Law Review

Self-help is a largely neglected topic in American legal studies. With the exception of a survey by a group of law students published a dozen years ago, there appears to be little, if anything, in our legal literature that confronts the subject in a systematic way. This is so, at least, if one defines self-help as I do. To me, the term refers to any act of bypassing the formal legal system in order to get what one wants.

Annual Survey Of Virginia Law: Business And Corporate Law, William A. Musgrove

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions, including: two Fourth Circuit Court of Appeals opinions, one interpreting and upholding the constitutionality of the Virginia statutes regulating hostile takeovers, and the other determining the owner of partnership property upon dissolution of the partnership; two Supreme Court of Virginia decisions regarding non-stock corporations, one determining the validity of the board of directors, and one deciding whether the Property Owners' Association Act supersedes the bylaws of an incorporated non-stock property owners' association; four Supreme Court of Virginia decisions including one denying …

Annual Survey Of Virginia Law: Domestic Relations, Katharine Salmon Cary, Mary Kathryn Hart

University of Richmond Law Review

This article reviews some of the important developments in the area of domestic relations law between May 1995 and July 1996. Of particular significance were opinions by the Court of Appeals of Virginia regarding issues of imputed income, the definition of a "day" for shared custody purposes, and the role of marital fault in equitable distribution determinations. The majority of bills passed in the 1996 Session of the General Assembly simply fine-tuned existing law. However, notable statutory revisions were made in the areas of child support and domestic violence. Although the legislature replaced the term "spousal abuse" with "family abuse," …

Annual Survey Of Virginia Law: Employment Law, Paul G. Beers

University of Richmond Law Review

This article focuses upon Virginia employment law between spring 1995 and August 1996. Special topics, such as public sector employment, unemployment compensation and workers compensation2 lie outside the scope of this article, as do developments under federal statutes.

Annual Survey Of Virginia Law: Motions For Sanctions, W. Hamilton Bryson

University of Richmond Law Review

For centuries, the legal profession has had rules of professional conduct. Although they were unwritten, they were well known. The rules covered honesty in pleading and practice and also required the general politeness expected of decent people. These rules were not always followed, nor were they always enforced when not followed. Sadly, in modern times, these rules are being disregarded more frequently and the costs to others, both within and outside the profession, are increasing dramatically.

The Supreme Court In United States History: A New Appreciation, Michael Allan Wolf

Law Faculty Publications

From a perspective long removed in terms of time and experience, I can still recall my first encounter with Charles Warren's Pulitzer Prize winner that still serves as the standard institutional history of the Court. My undergraduate constitutional history professor and I were engaged in a lively discussion concerning the nature of sovereignty and states' rights in the wake of the Union victory in the Civil War.He pulled from an office shelf a well-worn volume from his set of Warren's time-honored narrative. ...

Henry Berry Lowry: Champion Of The Dispossessed, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The nineteenth century stands apart in the minds of indigenous peoples as a period of extreme hardship. Tribes in the first half of this era, were initially victimized by the enactment of devastating "segregation" measures (i.e. the Indian Removal policy and later the Reservation policy). Later in the century, when it was clear that segregation was an insufficient response to intercultural relations, the federal government shifted its powerful attention to a series of overtly ethnocidal "civilization," or better termed, "Americanization" measures. Broadly stated, such measures entailed the cultural assimilation, the spiritual assimilation, and the physical assimilation of indigenous lands and …

Indian Religious Freedom: Recognized/Denied, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

Clinton's sacred site executive order applies to all "federal lands" and to all "recognized" Indian tribes. A "sacred site" is defined as "any specific, discrete, narrowly delineated location of Federal land that is identified by an Indian tribe, or Indian individual... as sacred by virtue of its established religious significance to, or ceremonial use by, an Indian religion; provided that the tribe or appropriately authoritative representative of an Indian religion has informed the agency of the existence of such a site."

The issue that seemed most troublesome from William Downes' legal perspective, besides the alleged Establishment clause violation, was that …

Choices For A Child: An Ethical And Legal Analysis Of A Failed Surrogate Birth Contract, Adam Marshall

University of Richmond Law Review

In today's world of increasingly sophisticated reproductive technologies which offer once infertile couples the chance to have their own child, one wonders what wisdom King Solomon would provide in a conflict involving a woman hired to bear another couple's child. This paper explores such a situation.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Procedural Labyrinths And The Injustice Of Death: A Critique Of Death Penalty Habeas Corpus (Part Two), Alan W. Clarke

University of Richmond Law Review

The following is part two of a two-part article that critiques death penalty habeas corpus. Partone of this article included discussionsof the ineffective assistanceof counsel and the federal habeas corpus exhaustion requirement. 29 U. RICH. L. REV. 1327 (1995). Part two of this article,which follows, discusses issues related to retroactivity in habeas corpus proceedings and procedural default.

Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii

University of Richmond Law Review

The declining state of our nation's cities has been, and continues to be, a frequent source of news and fodder for political debate. Unemployment, urban blight, crime, and economic dislocation are just a few of the inner-city's afflictions which occupy the American mind. A multitude of theories have been advanced in order to explain the persistence of urban deterioration, accompanied by an array of governmental attempts to reverse, or at least stem, the trend of inner-city decay.

Suburbs Under Siege: Race, Space And Audacious Judges, Abigail T. Baker

University of Richmond Law Review

Across the United States, cities are witnessing a mass exodus into the suburbs with increasing frequency. The prestige that once attached to urbanites is now equated with these "new suburbanites." Claiming better schools, safer neighborhoods and overall peace of mind, the new suburbanites have been the pied-piper to thousands of other city dwellers. By and large, those that have been able to afford to move out of the cities are white, middle-class Americans.6 Local exclusionary zoning, by permitting only certain types of homes to be built in a specific area, has rendered the American dream-owning a home in suburbia-unattainable for …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

A Dedication To B.J. Brabham, Peter N. Swisher

University of Richmond Law Review

The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor B.J. Brabham, 1930-1995. Professor Brabham was a member of the faculty ofthe TC.Williams School of Law from 1973 until 1992 and is remembered here by colleague Peter Swisher.

Annual Survey Of Virginia Law: Environmental Law, Henry R. Pollard V.

University of Richmond Law Review

Federal and Virginia courts and legislatures acted on a wide variety of environmental issues and topics in the June 1995 to June 1996 period. This article reviews the key environmental developments at the federal and state level from that period involving air, water, waste, Superfund, wetlands, and environmentally related constitutional, land use, and property tort law.

Annual Survey Of Virginia Law: Property Law, W. Wade Berryhill

University of Richmond Law Review

As legal years go, action on the 1996 legislative and judicial fronts was relatively quiet in the area of property law. The legislative activity which spawned most of the interest was bills addressing the definitional limits of the unauthorized practice of law in real estate closings. These bills were not enacted and have been carried over for the next legislative session.

Review Of Robert M. Jarvis (Ed.), An Admiralty Law Anthology, John Paul Jones

Law Faculty Publications

No abstract provided.

The National Conference On Legal Information Issues: Selected Essays, Timothy L. Coggins

Law Faculty Publications

During the past decade, information technology developments have the dissemination and use of legal and legal-related In 1995, the American Association of Law Libraries, a organization with more than 5,000 members, convened the first "National Conference on Legal Information Issues" in conjunction with its eighty-eighth meeting. National Conference provided a forum for members of the legal and information communities to discuss the challenging problems and issues arising from the dynamic technological changes that have impacted the creation, dissemination and use of legal information. The National Conference assembled more than 2,500 librarians, law faculty and deans, judges court administrators, practicing attorneys …

Getting It Right: Uncertainty And Error In The New Disparate Treatment Paradigm, Henry L. Chambers Jr.

Law Faculty Publications

This Article will explore whether the Court is getting it right or merely getting it done in the disparate treatment context. Part II of this Article will present the contradictory forces underlying getting it done and getting it right in the civil justice system in general, and in employment discrimination litigation in particular. Part III will explore the orthodoxy of disparate treatment law as it stands after Hicks. Part IV will examine the effect of abandoning the paradigm that proof of falsity is proof of intentional discrimination. Part V will offer suggestions on what the Court can do to make …

The Mescalero Apache Indians And Monitored Retrievable Storage Of Spent Nuclear Fuel: A Study In Environmental Ethics, Noah M. Sachs

Law Faculty Publications

The proposal of the Mescalero Apache Indians of New Mexico to host a nuclear waste storage facility raised difficult questions about political sovereignty, environmental justice, and democratic consent. While the proposal had numerous drawbacks and deserved to be opposed, many of the arguments used against it were conceptually flawed and paternalistic. Arguments decrying bribery of a poor community were particularly weak, while those criticizing targeting of Indian tribes by the United States government and coercion of tribal members by the Mescalero leadership had more merit. The core ethical arguments should be separated from the rhetoric so that policy makers, Native …

Separation Of Powers And The 1995-1996 Budget Impasse, Henry L. Chambers Jr.

Law Faculty Publications

Separation of powers doctrine will have implications for any budget regime which contemplates explicit power sharing. This Article examines the possible separation of power pitfalls which threaten to undermine the emergence of a relatively healthy new budget regime and the creative mechanisms necessary to make that regime work. The Constitution does not provide many explicit instructions regarding the federal budgeting process. Thus, whether a particular budget arrangement is a good one requires a largely political analysis. Whether a particular budget arrangement is constitutional must be answered by the Supreme Court. On what basis the Court should make such a decision, …

New Certiorari And A National Study Of The Appeals Courts, Carl W. Tobias

Law Faculty Publications

Elitism, Expediency, and the New Certiorari: Requiem for the Learned Hand Tradition is a thought-provoking critique of the United States Courts of Appeals. Professors William Richman and William Reynolds maintain that dramatic increases in appellate filings have transformed the appeals courts during the last quarter-century, prompting systemic constriction of procedural opportunities, particularly for parties with few resources or little power. The authors find these changes profoundly troubling and propose that Congress radically expand the number of appellate judges.

Individuals and institutions, such as expert study committees, which have analyzed the federal courts, agree with much of the authors' descriptive assessment. …

State Of The Art In Montana Products Liability Law, Carl W. Tobias

Law Faculty Publications

The United States District Court for the District of Montana recently certified an important question of products liability law to the Montana Supreme Court. United States Senior District Judge Paul J. Hatfield certified the following question:

In a strict products liability case for injuries caused by an inherently unsafe product, is the manufacturer conclusively presumed to know the dangers inherent in his product, or is stateof- the-art evidence admissible to establish whether the manufacturer knew or through the exercise of reasonable human foresight should have known of the danger?

Because the issue of the admissibility of state-of-the-art evidence in a …

Foreword: Voluntary Restraint And The Wormhole Effect, Kurt T. Lash

Law Faculty Publications

"In 1992, Patrick Buchanan ignited a firestorm of controversy when he exhorted the crowd at the Republican National Convention to join him in a holy war-a war of Christian values and a battle for the soul of America.' Critics of Buchanan's speech and other similar attempts to inject religion into politics raised questions of political morality: When, if ever, is it appropriate for a citizen in a liberal democracy to invoke the judgment of God in support of specific policy initiatives? Does such rhetoric threaten to polarize and divide the body politic along sectarian lines? Does it threaten to undermine …

Museletter: Fall 1995, Allen Moye

Museletter

Table of Contents:

Majority of Students On-Line

Fall Break Hours

Who's Who in the Library

Circulation

History of the Net

Glossary of Internet Jargon

Richmond Law Magazine: Summer 1995

Richmond Law Magazine

Features:

The Harbaugh Years

Tribute

124th Commencement

The Mattox Debate

The Emroch Lecture

Special Issues In Bioethics And The Law, Alexander Morgan Capron, Elizabeth Loftus, David Orentlicher, Daniel Callahan

University of Richmond Law Review Symposium

"Genetics and Insurance Discrimination" lecture given by Alexander Morgan Capron, Henry W. Bruce University Professor of Law and Medicine, Co-Director of the Pacific Center for Health Policy and Ethics at University of Southern California.

"The Repression of Memory Controversy" lecture given by Elizabeth Loftus, Professor of Psychology and Adjunct Professor Law at the University of Washington, Seattle.

"Healthcare Reform: Threats to the Patient/Physician Relationship" lecture given by David Orentlicher, Director of the Division of Medical Ethics at the American Medical Association.

"Healthcare and Medical Progress: Can We Afford It?" lecture given by Daniel Callahan, Co-Founder and President of the Hastings …