Law Commons^™

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Awarding Punitive Damages In Securities Industry Arbitration: Working For A Just Result, Anthony Michael Sabino

University of Richmond Law Review

It is often said that the business of America is business, and probably the best exemplifications of that old truism are the nation's stock exchanges. To be sure, not only stock, but bonds, options, commodities, futures, and a whole plethora of instruments are traded daily in exchanges large and small, in a seamless web straddling the country, if not the world.

Dedication, James R. Kibler Jr.

University of Richmond Law Review

September, 1991 saw the passing of A.L. Philpott, loyal alumnus of the University of Richmond and The T.C. Williams School of Law, Speaker of the House of Delegates, and member of the Virginia General Assembly for thirty-three years. He was 72. Advocate, counsellor, legislator, A.L. Philpott embodied the notion of lawyer as public servant. His contributions to the development of Virginia law and public policy are legion. Perhaps chief among these were his commitment to improving codification of the Code of Virginia and his steadfast devotion to constitutional doctrine and individual liberties. In recognition of his many contributions to the …

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

University of Richmond Law Review

Continuing in a groove well worn by decisions rendered over the last several years, Virginia's federal courts have, over the past year, continued to demonstrate a measure of hostility toward antitrust conspiracy claims by regularly disposing of fully-discovered conspiracy claims through summary adjudication. Plaintiffs' conspiracy claims in the health care context have fared especially poorly.

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters

University of Richmond Law Review

This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.

Americans With Disabilities Act: Dispelling The Myths. A Practical Guide To Eeoc's Voodoo Civil Rights And Wrongs, Charles D. Goldman

University of Richmond Law Review

The time is at hand for reality to replace expectation as the employment provisions of the federal mandate not to discriminate against qualified individuals with disabilities, the Americans with Disabilities Act (the "ADA"), are now the law of the land. A new era of rights, responsibilities, and opportunities dawned for private and governmental employers, and disabled persons when the rules of the United States Equal Employment Opportunity Commission ("EEOC") went into effect on July 26, 1992. A practical, common sense utilization of institutional solutions complemented by individualized applications, not ad hoc reactions, is essential. Other- wise employers' worst fears will …

Franklin V. Gwinnett County Public Schools: The Implication Of Remedies For An Implied Cause Of Action, Ellen F. Firsching

University of Richmond Law Review

According to the common law doctrine of ubi jus, ibi remedium, where there is a right, there is a remedy. The United States Supreme Court has long recognized the validity of this doctrine. Traditionally, the Court was very liberal in recognizing private rights of action, and granting injunctive and monetary relief for violations of constitutional and statutory rights in the absence of explicit congressional authorization. In Bell v. Hood, the Supreme Court stated: "[W]here federally protected rights have been invaded, it has been the rule from the beginning that courts will be alert to adjust their remedies so as to …

Hudson V. Mcmillian And Prisoners' Rights In The 1990s: Is The Supreme Court Now More Responsive To "Contemporaneous Standards Of Decency"?, L. Allan Parrott Jr.

University of Richmond Law Review

The Eighth Amendment prohibits, among other things, "cruel and unusual punishment." In the prison context, the United States Supreme Court historically applied this clause solely to protect prisoners from unfair sentences. It was not until 1976, 185 years after the adoption of the Eighth Amendment that the Supreme Court found cruel and unusual punishment protections to apply to events or conditions experienced by prisoners during incarceration. In Estelle v. Gamble, the Court granted Eighth Amendment protections to a prisoner alleging deprivations during imprisonment. After 1976, the Court seemed to move away from the "hands-off' doctrine, which traditionally granted deference to …

Blood Bank And Blood Products Manufacturer Liability In Transfusion-Related Aids Cases, Dana J. Finberg

University of Richmond Law Review

Can a blood bank or a blood products manufacturer be held liable if a patient contracts AIDS through a transfusion of blood or a blood product? And, if so, should the bank or manufacturer be held liable? As of February 1989, approximately 200 cases touching on this issue were pending in the United States.

Remembering A.L. Philpott, Gerald L. Baliles

University of Richmond Law Review

The University of Richmond Law Review's dedication of its 1992 Annual Survey of Virginia Law to the late A.L. Philpott, Speaker of the House of Delegates, is a thoughtful and fitting tribute to a T.C. Williams alumnus and dear friend of the University, and a distinguished public leader in the life of the Commonwealth.

Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles

University of Richmond Law Review

This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April, 1991 and April, 1992. The article is intended to alert the general practitioner to significant recent developments in the bankruptcy area. Legislative changes made to Virginia statutory law and federal bankruptcy decisions issued within the Fourth Circuit are the focus of this article.

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

University of Richmond Law Review

Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …

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

University of Richmond Law Review

The 1992 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, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve 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.

Museletter: November 1991, Muse Law Library Staff

Museletter

Table of Contents:

"Grand" Re-Opening?! Welcome to the All New and Improved William T. Muse Law Library

Carrels

Museletter: September 1991, Muse Law Library Staff

Museletter

Table of Contents:

Welcome Back!

New Library Hours

AT&T Computer Gift: A Huge Leap

What's Where? by Joyce Manna Janto, Deputy Director of the Law Library

Miscellaneous Stuff by Paul Birch, Computer Services/Reference Librarian

News Flash

Richmond Law Magazine: Summer 1991

Richmond Law Magazine

Features:

A Look at the Legal Education in Virginia, and the emergence of the Written Bar Examination

"In the Pursuit of Excellence" The George E. Allen Chair in Law

Certification And Civil Rights, Carl W. Tobias

Law Faculty Publications

In this 1991 article, Carl Tobias responds to Professor Arthur Miller's suggestion that Federal Rule of Civil Procedure 11 should not be prematurely revised.

"Professor Miller's admonitions may convince some observers, especially those authorized to propose revisions in, or to amend, the Rule that there is little wrong with Rule 11's application and that the federal judiciary simply needs a few more years to refine the implementation of this new concept. Numerous problems, however, remain substantial and some may be intrinsic or even irremediable, while certain litigants, especially civil rights plaintiffs, cannot afford to wait. I trust that Professor Miller's …

Museletter: March 1991, Muse Law Library Staff

Museletter

Table of Contents:

When it does not work or something is wrong -- Effective Complaining: Photocopier Problems; Vendacards Problems; Building Problems; Reserve Items; Computer Problems; Vendacard Authorization Lists; Complaining in General)

Miscellaneous Stuff by Paul Birch, Associate Director for Public Services

Questions & Suggestions

News: Life in the Library: Missing, Hidden Books!!

Some Ethical Considerations For Judicial Clerks, John Paul Jones

Law Faculty Publications

Since 1875, new law graduates have served judges of federal and state courts as legal researchers, executive assistants, and professional confidants. In return, the best of the newest lawyers have gotten a chance to complement their classroom education with field study of bench and bar-from behind the bench. The ideal relationship which should develop between law clerks and their judges is symbiotic: the judges enjoying the energies and fresh perspectives of brand new professionals rated top among their contemporaries by law professors, and the law clerks obtaining tutorials by senior jurists regarded as among the best by their former peers …

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").

Elixir For The Elites, Carl W. Tobias

Law Faculty Publications

Professor Tobias offers the editorial board tongue-in-cheek advice in the matter of law review rankings.

Special Problems In Civil Procedure - Complex Litigation, Francis H. Hare Jr., Judge Robert M. Parker, Gerald A. Connell, Mary Kay Kane

University of Richmond Law Review Symposium

"Organization and Presentation of a Complex Case" lecture given by Francis H. Hare Jr., a partner in the law firm of Hare, Wynn, Newell & Newton, in Birmingham, Alabama.

"Judicial Management of Complex Cases" lecture given by the Honorable Robert M. Parker, Chief Judge of the United States District Court for the Eastern District of Texas.

"Complex Litigation in the Public Sector" lecture given by Gerald A. Connell, a member of the firm of Baker & Hostetler, in Washington, D.C.

"The Future of Complex Litigation" lecture given by Mary Kay Kane, academic dean and Professor of Law at Hastings College …

The Legal Nature Of Academic Freedom In United States Colleges And Universities, William H. Daughtrey Jr.

University of Richmond Law Review

The courts serve as the ultimate guardians of the free expression of ideas in colleges and universities throughout the United States. While the Constitution does not enumerate any specific right of academic freedom, the Supreme Court of the United States has employed the first and fourteenth amendments to help ensure that academic institutions can continue to be forums for the unfettered exchange of ideas. State constitutions and statutes also help de- termine the contours of academic freedom.

Divorce Denied: Have Mental Cruelty, Constructive Desertion And Reasonable Apprehension Of Bodily Harm Been Abolished In Virginia?, Sylvia Clute

University of Richmond Law Review

In a turmoil of emotional distress and in fear of the outcome of an already deteriorating pregnancy, she fled the marital home with only her small son and a suitcase full of clothes. This woman's husband had publicly and privately bullied, berated, belittled and browbeat her throughout their marriage, but since she became pregnant she feared that his campaign to keep her in a constant state of emotional disequilibrium would also harm the child she carried. Her husband controlled her by keeping a tight grasp on the family finances providing her with meager spending money and forcing her to produce …

The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway

University of Richmond Law Review

Victor Walter Garcia Ortiz left El Salvador and came to the United States. In September 1980, he was deported from Los Angeles and returned to El Salvador. In November 1981, he was killed by the Salvadoran National Police. Santana Chirino Amayo was deported back to El Salvador in June 1981. In September 1981, his body was found, tortured and decapitated. Jose Umberto Santacruz Elias was returned to El Salvador in January 1981. He has not been heard from since. Octavio Osequeda, who was returned to El Salvador on July 12, 1982, was killed on July 13, 1982 by special police.

Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready

University of Richmond Law Review

This Note traces the history and development of actions for prenatal wrongful death. It emphasizes the state of the law in Virginia and examines the rationale of various jurisdictions where courts have chosen to draw a line for imposing liability. After discussing the role of wrongful death statutes, this Note concludes with an analysis of the trends in the law and a prediction of the direction the law will take in the future.

Understanding "Rights" And Bills Of Rights, Albert P. Blaustein, Carol Tenney

University of Richmond Law Review

Scholars hold that there are forty to fifty distinct human rights. History teaches that they should be constitutionally enshrined. In this modern era when constitution-making is multiplying, drafters of bills of rights must now determine questions of formulation and location. How should these forty to fifty distinct human rights be classified; where in these constitutions should these rights be recited?

Free Speech And The Mandated Disclosure Of Information, R. George Wright

University of Richmond Law Review

This essay focuses on one element of an important, unresolved question in free speech law. The broader unresolved question concerns how freedom of speech, as a legal and social institution, operates best or most efficiently. Our society has often debated how an economy, as a legal and social institution, functions best. On this analogous question, we have generally concluded that the national economy ought to manifest a mixture of at least minimally voluntary marketplace exchanges and appropriate forms of government regulation.