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Articles 4831 - 4860 of 6107
Full-Text Articles in Law
Annual Survey Of Virginia Law: Civil Procedure And Practice, George J. Dancigers, Michelle Redavid Rack
Annual Survey Of Virginia Law: Civil Procedure And Practice, George J. Dancigers, Michelle Redavid Rack
University of Richmond Law Review
This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. The scope of the paper does not extend to criminal procedure or topics unique to equity practice.
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
University of Richmond Law Review
This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr., Mark R. Herring
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr., Mark R. Herring
University of Richmond Law Review
In recent years, a debate has sharpened in Virginia concerning the limits of public power over private property and the determination of which arm of the government will exercise the public's power in land use matters. This debate has continued into 1990 and 1991.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Volume XXV of the 1991 Richmond Law Review.
The Discourse Ethics Alternative To Rust V. Sullivan, Gary Charles Leedes
The Discourse Ethics Alternative To Rust V. Sullivan, Gary Charles Leedes
University of Richmond Law Review
Legal theorists in the United States should pay more attention to Jiirgen Habermas. His theory of discourse ethics provides us with an enriched understanding of the term "normative validity." Discourse ethics "is concerned ...with the grounding of normativity . . .; its central focus is the . . . specification of appropriate validation procedures."' Once participants in political discourse agree on validation procedures, they are then in a position to achieve a fully rational consensus about normatively right laws that are in everyone's best interests.
Federal Court Procedural Reform In Montana, Carl W. Tobias
Federal Court Procedural Reform In Montana, Carl W. Tobias
Law Faculty Publications
Much activity related to civil procedure recently occurred that could significantly affect practice in the Montana Federal District Court. During October 1991, the Committee to Redraft the Uniform District Court Rules (Local Rules Committee), which is charged with considering revision of the local rules, issued an Interim Report that includes suggested changes in those rules. The Standing Committee on Rules of Practice and Procedure of the Judicial Conference of the United States (Standing Committee) distributed in August 1991 preliminary drafts of proposals to amend in varying degrees eighteen Federal Rules of Civil Procedure. The Advisory Group to Implement the Civil …
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Personal Jurisdiction And The Beetle In The Box, Wendy Collins Perdue
Law Faculty Publications
In 1980 in World-Wide Volkswagen v. Woodson, the Supreme Court described personal jurisdiction as "an instrument of interstate federalism." Two years later in Insurance Corporation of Ireland v. Compagnie des Bauxites de Guinee, the Court back-pedaled and explained that personal jurisdiction "represents a restriction on judicial power not as a matter of sovereignty, but as a matter of individual liberty." Then, in 1985 in Phillips Petroleum v. Shutts, the Court explained that the purpose of personal jurisdiction is "to protect a defendant from the travail of defending in a distant forum." Three years later in Van Cauwenberghe v. Biard, …
The Like-Kind Exchange Of Partnership Interests Under Irc Section 1031(A)(2)(D): An Historical Analysis Of Alternative Approaches, Vincent John Piazza
The Like-Kind Exchange Of Partnership Interests Under Irc Section 1031(A)(2)(D): An Historical Analysis Of Alternative Approaches, Vincent John Piazza
University of Richmond Law Review
Before the Tax Reform Act of 1984, general partnership interests were considered like-kind property which could be exchanged tax-free under Internal Revenue Code ("IRC") section 1031(a). Prior to 1984, the Internal Revenue Service ("IRS") had tried unsuccessfully to convince the courts that the parenthetical clause of section 1031(a), which excludes certain exchanges of interests from the definition of like-kind property, encompassed all types of equity interests. Since the IRC did not specifically exclude partnership interests, judges were very reluctant to adopt the IRS's over-expansive reading of the statute. After making very little headway with the courts, the IRS and treasury …
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
Redressing Wrongs Of The Blamelessly Ignorant Survivor Of Incest, Camille W. Cook, Pamela Kirkwood Millsaps
University of Richmond Law Review
Until recently, our society has refused to acknowledge and recognize the widespread incidence of incest. Childhood sexual abuse, especially incestuous abuse, has reached unconscionable proportions. A representative study by Dr. Diana E. H. Russell determined that as many as thirty-eight percent of the female population have experienced sexual molestation by the age of eighteen years. Formerly, psychiatrists, psychologists, therapists, and other investigators who did discover the severe effects of childhood incestuous abuse on adult women reacted by suppressing and denying their findings.
The Failure Of Felix Frankfurter, Melvin I. Urofsky
The Failure Of Felix Frankfurter, Melvin I. Urofsky
University of Richmond Law Review
There is, unfortunately, no way one can predict whether a person appointed to the Supreme Court will be a great justice or a mediocre one. The nomination of John Marshall, for example, evoked numerous complaints about his lack of ability. The Philadelphia Aurora characterized him as "more distinguished as a rhetorician and sophist than as a lawyer and statesman," and the Senate, in fact, delayed its confirmation vote for a week hoping President John Adams would change his mind. When Woodrow Wilson appointed Louis D. Brandeis to the Court in 1916, pillars of the bar crowded into the Senate judiciary …
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
Procedural Solutions To The Attorney's Fee Problem In Complex Litigation, Christopher P. Lu
University of Richmond Law Review
Justice William Brennan once observed that disputes about attorneys' fees are "one of the least socially productive types of litigation imaginable." Socially productive or not, attorneys' fees are a major problem in complex litigation today because of both the time and resources needed to determine appropriate fees and the public perception that fees are excessive. While the attorneys' fee problem is not unique to complex suits, the problem is magnified because: 1) complex suits are often more protracted than ordinary suits and necessarily require more lawyers; 2) many fee shifting statutes can be triggered in complex suits; and 3) class …
The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
The Availability Of Attorneys' Fees As A Necessary Cost Of Response In Private Cost-Recovery Actions Under Cercla, Heather M. Harvey
University of Richmond Law Review
In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA"). Its purpose was to remedy the environmental problems caused by abandoned hazardous waste sites. Prior to 1980, hazardous waste had been regulated primarily by the Resource Conservation and Recovery Act ("RCRA") and, to a lesser extent, by the Toxic Substances Control Act ("TSCA"). These statutes focused on the prevention of hazardous waste problems. Consequently, they proved inadequate to deal with the increasing threats posed by existing hazardous waste sites.' Congress drafted CERCLA to fill in the gap left by prior legislation.
Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee
Protecting The Environment: Creating A Citizen Standing-To-Sue Statute In Virginia, W. Scott Magargee
University of Richmond Law Review
Recognizing that private citizens have generally been unable to obtain judicial review of state agency decisions affecting the environment, the General Assembly of Virginia recently resolved to study whether "the citizens of the Commonwealth are provided with adequate remedies for the protection of environmental interests. . ." Specifically, the General Assembly requested that the Institute of Environmental Negotiation at the University of Virginia form a committee to examine the problem and deliver its findings and recommendations during the Assembly's 1992 Session.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
Virginia Law Of Products Liability, Thomas W. Williamson Jr.
University of Richmond Law Review
When the history of Twentieth Century America's jurisprudence is chronicled, a prominent chapter will be devoted to the rise of product liability law. At the beginning of the century, a person injured by a defective product usually had no recourse against either the product's seller or manufacturer. By 1970, the barriers obstructing recovery had been dismantled and it was generally accepted that a seller or manufacturer of a product would be strictly liable to anyone injured by the defective condition of the product.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
Employer Intentional Torts In Virginia: Proposal For An Exception To The Exclusive Workers' Compensation Remedy, Jodi Parrish Power
University of Richmond Law Review
Workers' compensation is a no-fault system of recovery implemented by statute in every state. Originating in the nature of a compromise, the workers' compensation system is the exclusive remedy between the employee and employer. The majority of states, however, recognize an exception to this exclusivity provision where an employer's actions constitute an intentional tort. Virginia has yet to recognize such an exception by statute or judicial action.
The Closing Of The Golden Door: Necessity, International Law And Freedom Of Religion Are Failing As Defenses For Sanctuary Movement Workers, Karen E. Lavarnway
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.
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
The Limits Of Litigation - The Dalkon Shield Controversy, J. R. Zepkin
University of Richmond Law Review
The Limits of Litigation-The Dalkon Shield Controversy is a tightly written, interesting book. It takes the reader from the beginning of the litigation concerning the contraceptive device to the bankruptcy settlement for the claimants. Professor Ronald J. Bacigal provides insight into the competing perspectives of the litigants as these cases crawled through the courts. The book reveals how the physical and emotional injuries that were suffered by so many women placed great pressure on the trial judges to force a resolution.
Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor
Perfection And Enforcement Of A Mechanic's Lien In Virginia: A Defense Lawyer's Perspective, James L. Windsor
University of Richmond Law Review
The right to a mechanic's lien in Virginia is statutorily created and the Supreme Court of Virginia requires strict adherence to these statutes. During mechanic's lien litigation, the validity of the underlying indebtedness to the claimant or the quality of the claimant's work often has little bearing on whether the lien is valid or enforceable. Rather, the question revolves around whether the claimant or his attorney substantially complied with the procedures mandated by the statutes as interpreted by the courts. These procedural or "technical" defenses are usually raised in the initial or preliminary stages of the litigation, long before any …
Recovery For The Wrongful Death Of A Fetus, Michael P. Mccready
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.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
Reasonable Articulable Suspicion - The Demise Of Terry V. Ohio And Individualized Suspicion, Esther Jeanette Windmueller
University of Richmond Law Review
The plethora of law review articles and cases on search and seizure demonstrates the confusion and frustration in fourth amendment stop-and-frisk jurisprudence. The fourth amendment to the Constitution guarantees that persons will be free of "unreasonable searches and seizures . . . and no Warrants shall issue but upon probable cause." A "stop-and-frisk" is a warrantless detention and search of a person by a police officer to investigate for unlawfulness. Although the United States Supreme Court has issued many investigative stop decisions, the Court has failed to promulgate a coherent and practical stop-and-frisk procedure for law enforcement personnel to follow. …
Free Speech And The Mandated Disclosure Of Information, R. George Wright
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.
A Silvery Anniversary, History, Elizabeth B. Lacy
A Silvery Anniversary, History, Elizabeth B. Lacy
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin
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 in its role as the most significant contributor to criminal case law. The court ruled on a myriad of issues; the recurring topics involved arrest and investigatory detention, self-defense, the execution of search warrants, double jeopardy, the admissibility of eye-witness identification, and the circumstances and admissibility of a police interrogation. Also, the court ruled on numerous trial and procedural questions regularly encountered by the circuit courts and criminal practitioners.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
The past year was considerably more tranquil than recent years with regard to legal developments involving children. For example, there were no major United States Supreme Court decisions directly affecting children, and the 1991 Virginia General Assembly's actions impacted on children mainly through budget cuts and the disappointing abolition of the Department for Children - a result of those cuts. Virginia's child labor laws were extensively revised in 1991, but few of these revisions will make a noticeable difference in the work relationships of the state's youth because they largely conform state law to existing federal law. Finally, legislation was …
Annual Survey Of Virginia Law: Business And Corporate Law, Rosalie Wacker O'Brien
Annual Survey Of Virginia Law: Business And Corporate Law, Rosalie Wacker O'Brien
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses judicial decisions, including: a United States Supreme Court decision concerning private rights of action under section 14(a) of the Securities Exchange Act of 1934; a Fourth Circuit Court of Appeals opinion denying absolute priority to the FDIC as liquidator; two decisions interpreting the Virginia Stock Corporation Act, one by the Fourth Circuit denying the protection of the good faith standard to directors and one by the United States District Court for the Western District of Virginia refusing to characterize a failed LBO/cash merger as …
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The 1991 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 ("Code"). In addition to this legislation, there were six cases from the Supreme Court of Virginia and one from the Virginia Court of Appeals, in the year ending June 1, 1991, 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.
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye
Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg, Gloria L. Freye
University of Richmond Law Review
This article reviews selected judicial decisions and legislation affecting property law in Virginia during the past year. Part I of this article examines decisions of the Supreme Court of Virginia and the United States District Court for the Western District of Virginia. Also included are several decisions from the United States Bankruptcy Courts for the Eastern and Western Districts of Virginia that examine the relationship between lenders and owners of commercial properties producing rental income.