Law Commons^™

Annual Survey Of Virginia Law: Health Care Law, Steven D. Gravely

University of Richmond Law Review

The health care industry, known for its dynamics and constant change, lived up to its reputation throughout 1987 and early 1988. Continuing concern for the cost of hospital and physician services, availability of adequate health care services for the elderly, and the impact of the AIDS virus on health care delivery contributed to make this period a tumultuous one for the health care industry nationwide. Virginia was not spared the tumult. This article focuses on key legislative, regulatory, and judicial events of the past year, and evaluates their impact on the business of providing health care in the Commonwealth.

Response To Monkeying Around With The Establishment Clause, Lucien J. Dhooge

University of Richmond Law Review

In the limited space available for response to Professor Leedes article, there is much which merits further attention but which cannot escape the bonds of paginal constraint. With regard to these unaddressed disputes, the reader is directed to the discussions of the relative merits of the controversy contained within the articles. Given the broad differences in viewpoint between Professor Leedes and myself, it would be practically impossible to address all of our differences in this response for fear of the response devouring its parent article-in-chief. Bearing these limitations in mind, I tender my response to Professor Leedes' article.

Down And Out In Richmond, Virginia: The Distribution Of Assets In Chapter 7 Bankruptcy Proceedings Closed During 1984-1987, Michael J. Herbert, Domenic E. Pacitt

University of Richmond Law Review

An explosion of interest in the practical workings and economic significance of the bankruptcy system has, in recent years, led to many efforts to study that system through data other than that contained in reported cases. In some key respects, the mere articulation and analysis of legal rules is no longer satisfactory. Indeed, it has been argued that such analysis is sometimes scarcely relevant. This article is intended to add a little more information to that already compiled regarding the actual nature and function of modern American bankruptcy law. It further attempts to place this information into the context of …

Facilitative Ethics In Divorce Mediation: A Law And Process Approach, Steven H. Hobbs

University of Richmond Law Review

Mediation is becoming a vital part of family legal problem solving and is creating new challenges for the lawyer practicing in the family law setting. The American Bar Association, the Association of Family and Conciliation Courts and others recently have proposed standards of behavior for mediators where none have existed before. States also have attempted to define the appropriate realm of ethical practice for family mediation.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

A Love Of Excellence, Harry L. Carrico

University of Richmond Law Review

This is an address delivered by Harry L. Carrico, Chief Justice of the Virginia Supreme Court, at the T. C. Williams School of Law annual banquet honoring merit scholarship sponsors and recipients. At this banquet, Dean Joseph D. Harbaughpresented Justice Carricowith a plaque honoringhim for his unique and extensive contributions both to the legal profession in Virginia and to the T. C. Williams Law School.

Monkeying Around With The Establishment Clause And Bashing Creation-Science, Gary C. Leedes

University of Richmond Law Review

This article examines the nature of scientific creationism and its educational value. Creation scientists and evolutionists study the origins of life, but their disagreements produce controversies that radiate far beyond the scientific community. Controversies about the content of science courses in public schools are widely reported in the press and have become political footballs. The debates between Clarence Darrow and William Jennings Bryan, and their contemporary counterparts, are the themes of motion pictures and plays. There is enormous public interest in the battle that is portrayed by combatants on both sides as a fight involving not only academic freedom but …

From Scopes To Edwards: The Sixty-Year Evolution Of Biblical Creationism In The Public School Classroom, Lucien J. Dhooge

University of Richmond Law Review

Few issues have generated as much controversy as the scope of the religion clauses of the first amendment to the United States Constitution within the setting of the public schools. Indeed, as Justice Brennan once stated, the courts have "encountered few issues more intricate or more demanding than that of the relationship between religion and the public schools." This controversy is not surprising in light of the important role played by the public schools in shaping the nation's thoughts, beliefs and institutions. It is a controversy without end; for as long as the public schools maintain their primary role in …

The Federal Trade Commission's Evolving Deception Policy, Jack E. Karns

University of Richmond Law Review

The Federal Trade Commission (FTC) has regulated competitive business activities since its inception in 1915. Section 5 of the Federal Trade Commission Act (FTCA) empowers the Commission to enjoin certain unfair -and deceptive business practices. As is the case with other regulatory statutes, Congress chose not to define certain terms in the FTCA, such as "deceptive," leaving this task to the FTC and the federal courts. The result has been a steady flow of federal case law clarifying the definition of a deceptive business act or practice.

Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward

University of Richmond Law Review

In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.

Does Garcia Preclude An Eleventh Amendment Affirmative Limitation On The Congress's Commerce Clause Power?, Joseph John Jablonski Jr.

University of Richmond Law Review

The recent eleventh amendment decisions of Welch v. Texas Department of Highways & Public Transportation and Atascadero State Hospital v. Scanlon suggest that the eleventh amendment can affirmatively limit Congress's commerce clause power. However, Garcia v. San Antonio Metropolitan Transit Authority broadly overrules the tenth amendment case of National League of Cities v. Usery, and appears to remove any theoretical foundation for such a limit. Professor Brown, a recent convert to the "congressional supremacist" view, established by Professors Nowak and Tribe, argues that in the aftermath of Garcia all the states have left is "process with a bite, despite any …

A Hospital's Dilemma: The Legal Implications Of Promulgating Guidelines Concerning Human Immunodeficiency Virus, Leonard C. Heath Jr.

University of Richmond Law Review

Fear has struck the workplace. The source of this fear is not lack of job security, inflation, recession or a concern about the United States' trade imbalance. The source of the fear is a disease--Acquired Immunodeficiency Syndrome (AIDS)-and the virus that causes AIDS, Human Immunodeficiency Virus (HIV).

Richmond Law Magazine: Winter 1988

Richmond Law Magazine

Features:

A Banner Year for Admissions: Recruiting efforts stimulate admissions

Reflections on Professionalism: An interview with Judge John F. Daffron, Jr.

Notes from the Law Library: Library adds telefacsimile transmittion ('fax")

Response To From Scopes To Edwards, Gary C. Leedes

University of Richmond Law Review

Mr. Dhooge's one-dimensional article is designed to make us believe that the Louisiana legislature was overpowered by politically powerful biblicists who want science fiction introduced into the public schools. It is remarkable that the legislative history is not cited by Dhooge except for those portions which are included in the Court's distorted presentation of the record in Edwards v. Aguillard. Dhooge, echoing the Court, impugns the motives of Louisiana lawmakers who emphatically opposed improperly presented creation-science. It is difficult to credit Justice Brennan and Mr. Dhooge with a fair reading of the record when they cite snippets of testimony taken …

Virginia Public Schools- Student Rights, Todd Holliday

University of Richmond Law Review

"At common law the education of the child by the State was unknown. In Virginia, the idea that the welfare of the State could be advanced by the education of the masses was first advanced by Mr. [Thomas] Jefferson." Virginia, as well as all other states, has established a system of public education. The great benefits of the public school system undoubtedly enhance both the individual and society as a whole. Nevertheless, if Thomas Jefferson, the father of this great institution, were able to observe the current conditions of public schools, he would, as the saying goes, "roll over in …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Adequate Protection- The Equitable Yardstick Of Chapter 11, Amy S. Ashworth

University of Richmond Law Review

A debtor who files a petition for relief under the Bankruptcy Reform Act of 1978 (the Code) triggers the automatic stay provisions of the Code. The automatic stay precludes creditors from enforcing their rights in the collateral pending further order of the Bankruptcy Court. An issue which has spurred continued controversy is whether undersecured creditors who are stayed from repossessing their collateral are entitled to compensation for the delay in enforcing their rights in the collateral. It is agreed that the concept of adequate protection provides for the preservation of the value of the collateral due to its use, depreciation, …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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

University of Richmond Law Review

This survey of commercial law reviews all Virginia Supreme Court cases interpreting the Virginia Uniform Commercial Code (the "Code") and all statutory changes made to the Code in the 1988 session of the General Assembly. It also reviews significant Code cases decided in the various federal courts located in Virginia and in the Virginia circuit courts. It is current as of approximately May 1, 1988.

Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich

University of Richmond Law Review

This article is addressed to attorneys with a general practice, as well as those familiar with the creditors' rights area. Its purpose is to alert the non-specialist to developments of the last two years-April 1986 through April 1988. Virginia cases dealing with collection matters and federal bankruptcy decisions are reviewed. Legislation enacted over the past two years is also noted.

Annual Survey Of Virginia Law: Handicap Law, Donald H. Stone

University of Richmond Law Review

Disabled persons represent approximately fifteen percent of the population of the United States, making this minority group one of the largest in American society. In Virginia, it is estimated that there are 750,000 disabled persons. Most of these people are dependent upon some form of governmental services ranging from state funded residential placement to more subtle accommodation such as a wheelchair ramp to provide access to public buildings. The degree to which handicapped citizens are integrated into the mainstream of society depends upon the availability of these services and the implementation of laws insuring access to them.

Annual Survey Of Virginia Law: Medical Negligence, Gwen M. Schockemoehl

University of Richmond Law Review

This article examines amendments to the statutes that affect medical negligence actions made by the General Assembly in 1987 and 1988. In addition, this article reviews judicial decisions from 1986, 1987 and early 1988 that will have impact on medical negligence actions in the Commonwealth of Virginia.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Law Review Vol. XXII.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Firing Employees For Refusing To Submit To Urinalysis: The Case For A Uniform Standard Of Reasonable Individualized Suspicion, Gloria L. Freye

University of Richmond Law Review

Submitting to an employer's demand for a urinalysis test to detect ingestion of drugs means laying your privacy, reputation, career, livelihood and possibly your freedom1 on the line. The chances of being asked to submit to a urinalysis or a polygraph test pursuant to employment are well within the realm of possibility. Virginia Electrical Power Company ("Virginia Power"), the fifth largest employer in Virginia, utilizes both urinalysis and polygraphs as investigative tools. Thus, it is foreseeable that a situation may develop where an employee is fired for refusing to submit to a urinalysis test. This Note focuses on issues that …

Aids, Health-Care Workers, And Workers' Compensation In Virginia, M. Grey Sweeney

University of Richmond Law Review

The recent explosion of medical malpractice litigation has heralded the era of defensive medicine. Health-care professionals at all levels of the industry have been forced to evaluate both the lawsuit potential as well as the life sustaining potential of every act and treatment.' Since 1981, however, the threat of Acquired Immunodeficiency Syndrome (AIDS) has added a third, more threatening, perspective to the way health-care workers must view their actions. The average doctor or nurse must balance not only the medical and legal significance of every action, but must also consider whether an action might result in exposure to AIDS.

Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter

University of Richmond Law Review

A Virginia citizen injured in an automobile accident in 1988 who is denied compensation through trial court error will wait an average of 1,165 days (3.2 years) after trial for the Supreme Court of Virginia to rectify the matter. Of course, that wait is only for the seventeen percent of cases that the supreme court elects to review, since Virginia is one of the only states that grants no right of appeal in most civil and criminal cases. By way of limited contrast, a civil appeal in the North Carolina Supreme Court averages be- tween 241 days and 257 days. …

Gender Issues And The Prosser, Wade, And Schwartz Torts Casebook, Carl W. Tobias

Law Faculty Publications

Feminist jurisprudence is burgeoning. During the 1980s, there has been much excellent work in areas such as legal theory and practice, women's legal history, and specific substantive fields of law. Some law faculty also have analyzed gender bias in legal casebooks. Moreover, the eighth edition of William Prosser's renowned Cases and Materials on Torts, the most widely used torts casebook in American law schools, is scheduled for classroom use in the autumn of 1988. All of these developments make this a promising time to consider gender issues and Prosser, Wade, and Schwartz. This paper is meant to begin that discussion …

Criminal Procedure, Ronald J. Bacigal

Law Faculty Publications

This article summarizes significant legislative changes, decisions of the United States and Virginia Supreme Courts, and decisions of the Virginia Court of Appeals. A more extensive consideration of this material as well as recent decisions of the Court of Appeals for the Fourth Circuit and federal district courts is contained in R. Bacigal, Virginia Criminal Procedure (Supp. 1987).

Property, W. Wade Berryhill

Law Faculty Publications

This year, the courts decided many property law issues of interest to the general practitioner. Section I discusses cases from the federal district and circuit courts, as well as the Virginia Supreme Court and the Virginia Court of Appeals. The 1987 session of the General Assembly resulted in several changes affecting property laws in Virginia. Section II lists the most significant statutes.