Law Commons^™

Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert

University of Richmond Law Review

This survey of commercial law in Virginia discusses significant Uniform Commercial Code ("Code") cases decided by the Virginia Supreme Court during the past year, as well as all significant statutory changes made to the Code during the 1991 session of the General Assembly. It also reviews selected Code cases decided in the Virginia circuit courts and in the various federal courts sitting in Virginia.

Annual Survey Of Virginia Law: Employment Law, Robert T. Billingsley, Thomas J. Dillon Iii

University of Richmond Law Review

This article surveys the judicial and legislative developments in Virginia employment law between June 1990 and June 1991. Developments in the areas of worker's compensation and unemployment compensation, each of which has its own distinctive body of law, are outside the scope of this article.

Annual Survey Of Virginia Law: The Virginia Limited Liability Company Act, S. Brian Farmer, Louis A. Mezzullo

University of Richmond Law Review

Since the passage of the sixteenth amendment' in 1913 and the income tax legislation adopted thereunder, the development of new forms of business entities has been driven largely by the desire to harmonize two goals: limited liability for the owners of the entity and pass-through treatment of the entity for income tax purposes.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The Interplay Of Civil Service And Collective Bargaining Law In Public Sector Employee Discipline Cases, Ann C. Hodges

Law Faculty Publications

This article undertakes such a review with respect to one aspect of the potential conflict between merit systems and collective bargaining- employee discipline and the appeal of discipline decisions. Protection from arbitrary or unjust discipline is a primary motivation for employee unionization. As a result, achieving protection from unjust disciplinary action becomes a fundamental goal of unions in collective bargaining. Public sector unions in the United States are particularly interested in "discipline, grievance procedures and organizational due process"....

Section IV of this article reviews the approaches of the various states that have addressed the issue, analyzing them in light of …

The Theory And Practice Of Defending Judges Against Unjust Criticism, Ronald J. Bacigal

Law Faculty Publications

Having set forth the above premise and conclusion, the American Bar Association Subcommittee on Unjust Criticism of the Bench promulgated a model program for bar associations to follow when countering inaccurate or unjust criticism of judges. This article presents no quarrel with the model program but instead seeks to relate the model to an empirical account of how it might operate in practice. It must be remembered that the acid test of a theoretical model is not whether the theory is "true" in a purely academic sense but whether the model is useful in describing the "real world. " In …

In Pursuit Of The Elusive Fourth Amendment: The Police Chase Cases, Ronald J. Bacigal

Law Faculty Publications

The first section of this article considers whether the police officer's intent is an indispensable component of fourth amendment seizures. The second section of the article addresses the Court's efforts to define a seizure· by focusing upon the objective causal link between an officer's efforts to apprehend a suspect and the suspect's attempt to avoid apprehension.

Museletter: September 1990, Muse Law Library Staff

Museletter

Table of Contents:

University Libraries Online!!

Where did you move it to now?

A New Director for the Law Library by Allen Moye, Reference Librarian

Also [Introducing]...

FYI

Miscellaneous Stuff by Paul Birch, Associate Director for Public Services

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

Richmond Law Magazine: Summer 1990

Richmond Law Magazine

Features:

Dean Harbaugh Outlines the Needs to Ready T.C. Williams for the 21st Century

Virginia's Governor: A Conversation with L. Douglas Wilder

Civil Service Law and Collective Bargaining Law in Public Sector Employee Discipline Cases

Twice Condemned: Slaves And The Criminal Laws Of Virginia, 1705-1865 (Book Review), Edward L. Ayers

History Faculty Publications

Review of the book, Twice Condemned: Slaves and the Criminal Laws of Virginia, 1705-1865, by Philip J. Schwarz. Baton Rouge: Louisiana University Press, 1988.

Virginia Manuscript Law Reports, William Hamilton Bryson

Law Faculty Publications

Case law, including published cases and cases that have never been published, is the basis of the common law. Professor Bryson discusses the use of manuscript law reports in Virginia during the eighteenth and nineteenth centuries.

Museletter: February 1990, Muse Law Library Staff

Museletter

Table of Contents:

Surviving the Law Library Computer Lab

Bon Voyage

The Law Library Wants You -- To Help Save Your Money

Here we go again! - or - Why all the Changes?

Who's Who in the Law Libary, Part III: Administrative Services

Protect Your Investment!

Miscellaneous Stuff by Paul Birch, Associate for Public Services

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

Questions & Suggestions

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1990-1992, University Of Richmond

Law School Catalogues

Method of Instruction

The educational program of the law school is designed to equip its graduates to render the highest quality of legal services, while instilling a sense of professional responsibility. The case method of instruction is used in many courses. The beginning student is trained in the analysis and solution of legal problems by the application of logical reasoning. The course of study is not designed to teach legal rules, but rather to provide a foundation for the application and analysis of the law and the development of professional skills. Substantive courses, dealing with the content of the law, …

Selected Topics In Tort Law, Sheila L. Birnbaum, Robert Keeton, Richard Delgado, Deborah R. Hensler

University of Richmond Law Review Symposium

This speaker series took place over several days during the Spring semester of 1990.

"The Special Problems of Causation in Toxic Tort Cases" lecture given by Sheila L. Birnbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 23, 1990)

"Damage Recovery in Toxic Tort Suits" lecture given by Sheila L. Binbaum, Partner in the New York City firm Skadden, Arps, Slate, Meagher, & Flom. (Tuesday, January 30, 1990)

"Methods and Roles in Tort Lawmaking" lecture given by The Honorable Robert Keeton, Langdell Professor Emeritus at Harvard Law School, U.S. District Court Judge for …

The Case Against A Right To Religion-Based Exemptions, Ellis M. West

Political Science Faculty Publications

When, if ever, does the free exercise clause of the first amendment give an individual or organization the right to disobey with impunity a valid law of the state? This question is being discussed with increasing frequency and intensity because of the growing number of persons and groups who are going to the courts and claiming such a right on the grounds that the application of certain laws to them would burden their free exercise of religion. Almost all the individuals and some of the groups who claim such a right do so because the laws to which they object …

The Steelworkers Trilogy In The Public Sector, Ann C. Hodges

Law Faculty Publications

This article will examine the role of the Trilogy principles, including the public policy exception, in judicial enforcement of arbitration agreements in the public sector. First the article will review the applicable law in the private sector regarding judicial arbitration enforcement. Then, the article will discuss the role of the courts in public sector arbitration, concluding that while courts frequently pay lip service to the Trilogy principles, in reality they often fail to apply them. Finally, the article will analyze the arguments for and against application of the deferential Trilogy standards in the public sector in light of the distinctive …

The Roman Law Of Trusts, William Hamilton Bryson

Law Faculty Publications

A book review on The Roman Law of Trusts by David Johnston.

Buyer's Remedies And Warranty Disclaimers: The Case For Mistake And The Indeterminacy Of U.C.C. Section 1-103, David Frisch

Law Faculty Publications

The primary purpose of this article is not to end the longstanding malaise surrounding section 1-103, but to illuminate its existence and encourage a serious reconsideration of the extent to which common law and equitable principles serve as sources of law in resolving cases under the Code. A greater appreciation of the importance of this issue to commercial law development will result in an approach which makes the law more predictable and which better facilitates the essential need to keep the Code responsive to commercial practice. Part II of this article introduces the context within which section 1-103 will be …

Reviving Participant Compensation, Carl W. Tobias

Law Faculty Publications

Over the last quarter century, Congress has clearly recognized the importance of expanding public participation in federal administrative agency proceedings. It has expressly required that many agencies solicit citizen input and facilitate active public involvement in administrative processes while commanding governmental officials to consider thoroughly in their decisionmaking the views of all interests that might be affected. Congress has attempted to develop some mechanisms for promoting increased citizen participation in agency processes, but the legislative branch has been relatively unsuccessful in actually enhancing public involvement. Because citizen participants, such as public interest groups or individual consumers, have comparatively few resources …

Engendering Law Faculties, Carl W. Tobias

Law Faculty Publications

Numerous women have experienced great difficulty securing tenure at many institutions during the 1980's, even though significant numbers of women entered law teaching in that period. There currently is only an imperfect understanding of the reasons why women have encountered problems in attaining tenure. It is imperative that an enhanced appreciation of these difficulties be developed. If the problems are allowed to persist, the career and the personal well-being of every woman who considers seeking tenure are jeopardized, legal education's commitment to fairness is threatened, and the prospects for improving the treatment of women in the legal profession are reduced. …

Antitrust Reform For Joint Production Ventures, Joel B. Eisen

Law Faculty Publications

This January, the U.S. Memories consortium dissolved when it failed to attract a sufficient initial investment. U.S. Memories would have brought together America's largest computer and semiconductor manufacturers, at a start-up cost of approximately $1 billion, to manufacture 4-megabit dynamic random access memory (DRAM) semiconductor chips with IBM-licensed technology. Some commentators argue that antitrust concerns led to U.S. Memories' demise and could frustrate the rise of additional joint production ventures (JPV s). Should the government intervene and relax the antitrust laws to support JPV s? That was the question posed in hearings before a congressional subcommittee in 1989 on four …

Finley V. United States: Unstringing Pendent Jurisdiction, Wendy Collins Perdue

Law Faculty Publications

The approach adopted by the Supreme Court in Finley v. United States calls into question not only pendent-claim jurisdiction but ancillary jurisdiction as well. Particularly vulnerable to attack are those uses of ancillary jurisdiction that involve the addition of new parties such as class action, intervention, and impleader. Furthermore, the opinion may lay a foundation for attacking ancillary-claim jurisdiction involving counterclaims or cross-claims. This commentary will examine Finley and the potential impact of the opinion on the various permutations of ancillary and pendent jurisdiction.

Reassessing Rule 11 And Civil Rights Cases, Carl W. Tobias

Law Faculty Publications

The Advisory Committee on the Civil Rules amended Federal Rule of Civil Procedure (Rule 11) in August 1983 because of increasing concern about attorney abuses in civil lawsuits and about the so-called litigation explosion. The revision commands courts to sanction lawyers and parties who do not undertake reasonable prefiling inquiries. Certain aspects of the new version's implementation provoked substantial controversy which continued virtually undiminished from the amendment's August 1983 effective date at least until the fifth anniversary of its adoption. Perhaps most controversial was the question whether courts' application inhibited the pursuit of legitimate litigation, especially cases involving civil rights …

An Independent Public Law, Carl W. Tobias

Law Faculty Publications

This Article analyzes the application of numerous Federal Rules in public law litigation to show how the resurrection of private law approaches and hostility toward public interest litigants serves to disadvantage public interest litigants. The assessment is intended to discourage such future enforcement of the Federal Rules and analogous judicial treatment in other areas of public law. The Article is also meant to foster greater appreciation of public law and the articulation of a larger complement of public law principles so as to facilitate the growth of an independent public law.

The Gender Gap On The Federal Bench, Carl W. Tobias

Law Faculty Publications

This Commentary evaluates President George H.W. Bush's lackluster record of appointing women to the federal courts. The Commentary initially examines the relevant data on female judicial appointments and assesses why the Bush Administration has placed few women on the bench. It next recommends that President Bush name substantially more women in 1991 and 1992 and explores why and how this endeavor should be instituted. The Commentary then analyzes what the Bush Administration is likely to do about the paucity of female appointees. Because it is not clear that President Bush will place very many women on the federal courts, the …

The Federal Judiciary Engendered, Carl W. Tobias

Law Faculty Publications

The dearth of women named to cabinet level positions in the George H.W. Bush Administration does not augur well for appointment of women to the federal bench. Equally discouraging was Mr. Bush's campaign response to the question whether there should be special efforts to select more women for the federal judiciary: "[I] remain committed to appointing to the bench the best qualified candidates we can find-regardless of ... gender--and the record shows that we have been successful in fulfilling this commitment. " The record compiled by the Administration in which he served as Vice-President for two terms was deplorable.

To …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1989-90), J. Rodney Johnson

Law Faculty Publications

The 1990 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 fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which 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.

Liberalism Republicanism And The Abortion Controversy, Gary C. Leedes

Law Faculty Publications

This article considers the abortion controversy in the context of intellectual history and political theory. It does not analyze the Supreme Court's recent abortion cases, rely upon formal legal reasoning, or predict how the Court will decide any cases currently pending on its docket. Instead, it examines the Court's current options in light of the intersecting and pliable traditions of liberalism and republicanism. ...

The Restatement (Third)'S Human Rights Provisions: Nothing New, But Very Welcome, Daniel T. Murphy

Law Faculty Publications

An overview of the human rights provisions (§§ 701-703, 711) contained in the Restatement (Third) of the Foreign Relations Law of the United States.

Review Of Bench And Bureaucracy: The Public Career Of Sir Julius Caesar, William Hamilton Bryson

Law Faculty Publications

A book review of Bench and Bureaucracy: The Public Career of Sir Julius Caesar by Lamar M. Hill.