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A Tribute To Malcolm Ray Doubles, Ronald J. Bacigal

Law Faculty Publications

The University of Richmond Law Review respectfully dedicates this issue to the memory of Malcolm Ray Doubles, 1900-1987. Judge Doubles earned his B.S. degree at Davidson College and his law degree at the T.C. Williams School of Law. He practiced with the Richmond law firm of Carter, Crawford and Redd before leaving to become a full-time law professor at the T.C. Williams School of Law. He served as dean of the law school from 1930 to 1947 and from 1971 to 1972, and as Judge of the Hustings Court of Richmond from 1947 to 1965. The pages that follow serve …

The T.C. Williams School Of Law Newsletter: Summer 1987

Richmond Law Magazine

Features:

Law School Welcomes New Dean : Joseph D. Harbaugh Assumed post in Mid-July

Daniel T. Murphy: A Steady Hand on the Helm

Law School Welcomes New Director of Development

Griffin B. Bell Visits T. C. Williams

Felix E. Edmunds An Outstanding Alumnus

The Passing of a Legal Legend

An Analysis Of The Law Of The Sea And Outer Space Law : Claims Over The Natural Resources Of The "Commons", Robin Elizabeth Lewis

Master's Theses

As new areas of the world and outer space have been discovered and explored, man has had to develop regulations to govern the use of these new areas. However, it was not until man possessed the technological means of extracting or using the resources of these new areas that there was an urgent need to develop regulations for the oceans and space. Although some regulations have been established in regards to such areas as the deep sea-bed and remote sensing, there is still a need for the international community's acceptance of these laws. Under-developed nations view the resources discovered within …

Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle

University of Richmond Law Review

In enacting the Freedom of Information Act (FOIA) in 1966, Congress provided for broad disclosure of agency records. Although nine specific exemptions were included in the statute, they did not adequately address the Central Intelligence Agency's concern for security. Under the original FOIA, the CIA was required to search and assemble information which would otherwise remain compartmented, even though it was often clear that most or all of the information would fall within a statutory exception. The Central Intelligence Agency Information Act addresses many of the concerns of the CIA, as well as those held by public interest groups who …

Virginia State Corporation Commission: Responsible Regulation For The Commonwealth, Elizabeth B. Lacy

University of Richmond Law Review

The Virginia State Corporation Commission is probably the most powerful agency in the Commonwealth. The SCC has legislative, judicial, and administrative authority. Its jurisdiction includes regulation of railroads, and telephone, telegraph, water, gas and electric utilities, motor carriers, financial institutions, the insurance and securities industries, as well as administration of the laws governing all corporations doing business in Virginia. As such, SCC policies have a significant impact on the business and personal lives of many Virginians. In this article Commission Chairman Elizabeth Lacy provides a brief and insightful view of the SCC's structure, procedures, responsibilities and policies. Chairman Lacy also …

A Dedication To Thomas A. Edmonds, Daniel T. Murphy

University of Richmond Law Review

The Law Review dedicates this issue to Thomas A. Edmonds on the occasion of his resignation as Dean of the T.C. Williams School of Law. Dean Edmonds left Richmond in January, 1987, to assume his new responsibilities as Dean of the law school at the University of Mississippi. Tom and Martha Edmonds are from Mississippi, and Tom began his teaching career at the law school where he now serves as dean. In a sense this move is a return home for the Edmonds.

Enforcement Of Arbitration Clauses Against Deceived Franchisees, William H. Daughtrey Jr.

University of Richmond Law Review

Resolving the issue of fraud in the inducement of franchise agreements is an area that merits refinement. To save time and expense, arbitration-which bars both parties from the court system to resolve disputes-is a significant contemporary development. The reliance on arbitrators, who are not bound by precedent, is especially serious when their authority to resolve a particular controversy comes from a franchise agreement. Such agreements have been the subject of legislative inquiry, administrative action and litigation largely because of the informational imbalance between franchisors and franchisees during the course of negotiating their agreements. This article argues that, because franchisees generally …

Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler

University of Richmond Law Review

Virginia's recently enacted antitakeover statute, the "Affiliated Transactions" provision of the Virginia Stock Corporation Act, raises serious constitutional and economic questions. Although the form of the statute appears to regulate the internal affairs of Virginia corporations, the substance and practical impact of the statute render it violative of both the commerce and supremacy clauses. Constitutional analysis of state antitakeover legislation necessitates consideration of the economic desirability of an unrestricted market for corporate control. The United States Supreme Court's most recent statement on the subject, in CTS Corp. v. Dynamics Corp. of America, decided on April 21, 1987, reflects a noteworthy …

Limited Liability For Shareholders In Virginia Professional Corporations: Fact Or Fiction?, Laura R. Brown

University of Richmond Law Review

In 1970, Virginia enacted the Professional Corporation Act which permits members of certain professions to form corporations for the purpose of rendering professional services. It is available to most professionals as an alternative to practicing individually or in partnerships. While many professionals have formed such corporations to avail themselves of certain tax benefits, others have formed professional corporations simply to gain the advantages of practicing in the corporate form. One traditional advantage of the corporate form is that shareholders are shielded from personal liability for the negligent acts committed by agents or employees of the corporation and for the debts …

Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal

University of Richmond Law Review

In the landmark case of New Jersey v. T.L.O., the United States Supreme Court applied the fourth amendment to searches conducted by public school officials. This past term, in O'Conner v. Ortega, the Court held that the fourth amendment is also applicable to work-related searches conducted by public employers. As in New Jersey v. T.L.O., the Court rejected the probable cause standard in favor of a "reasonableness under all the circumstances" test to determine the constitutionality of such searches. This general "reasonableness" approach was also approved in Maryland v. Garrison, where the Court held that an "objectively understandable and reasonable" …

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

University of Richmond Law Review

The most notable development this past year in the area of juvenile delinquency and noncriminal misbehavior was the passage by the Virginia General Assembly of legislation modifying the state's response to status offenses committed by children. Ever since the adoption of the revised juvenile code in 1977 there have been efforts at practically every session of the Assembly to modify the provisions which prohibit the commitment of status offenders to secure institutions, but the efforts were not successful. However, the 1987 bill met with little resistance in the legislature. The 1987 legislation, effective July 1, 1988, does two very significant …

Annual Survey Of Virginia Law: Professional Responsibility, Michael L. Rigsby

University of Richmond Law Review

All lawyers licensed in Virginia must adhere to the Disciplinary Rules (DRs) and principles codified in the Virginia Code of Professional Responsibility. The ethical precepts contained therein constitute the bedrock upon which the notion of professionalism is based. It distinguishes Virginia lawyers as members of a learned profession. Unfortunately, all lawyers do not accept the ethical responsibilities which come with the privilege of licensure. For those instances in which a lawyer strays from his ethical tethering, the Supreme Court of Virginia has devised a procedure for investigating complaints of lawyer misconduct and, where appropriate, imposing discipline.

The Constitutional Attack On Virginia's Medical Malpractice Cap: Equal Protection And The Right To Jury Trial, M. Margaret Branham Kimmel

University of Richmond Law Review

Since its enactment, Virginia's statute limiting medical malpractice awards has spawned questions concerning its constitutionality. In response to the alleged insurance crisis of the 1970's, many state legislatures passed statutes designed to slow the rising costs of liability insurance. With such statutes already enacted in many jurisdictions, the insurance and health care industries claim that another malpractice insurance crisis exists today. While that may be true in some parts of the country and within some medical specialties, the problem originally was not as severe in the state of Virginia. Today, it is still not as severe in Virginia as it …

Criminal Prosecutions In Environmental Law: A Study Of The "Kepone" Case, Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

The effectiveness of criminal prosecutions in the environmental law area is often disparaged. Some commentators suggest that corporate behavior is not significantly affected by criminal convictions because fines that are adequate to deter individual pollutors often have little impact on multi-million dollar corporations. Such a contention, however is challenged by the history surrounding the prosecution of the Allied Chemical Corporation for the pollution caused by the pesticide Kepone. The successful prosecution of the Kepone case dramatically altered Allied's corporate behavior had a significant impact on legislative and administrative inspection schemes, and led to the establishment of an endowment for improvement …

U.C.C. Survey: General Provisions, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

The 1986 Annual Survey described the "check it back to local law" approach to the Code's choice of law rules. Recent cases emphasize this. For example, in Madaus v. November Hill Farm, lnc., the U.S. District Court for the Western District of Virginia applied the Virginia pre-Code conflict of laws rules to a dispute between a West German seller of a horse and a Virginia buyer. The court applied the Virginia rule that the law applicable to the validity of a contract is the law of the jurisdiction where the final act necessary to make the contract binding was done. …

Buyer Status Under The U.C.C: A Suggested Temporal Definition, David Frisch

Law Faculty Publications

This Article attempts two different but complementary tasks. First, it offers an answer to the "by no means academic question" asked above. In so doing, the Article considers Code rules that affect the buyer-seller relationship and those that impact on the interests of third parties. The conclusion reached is that buyer status occurs at the moment the purchaser obtains the remedial right to the goods vis-a-vis the seller. In most instances, therefore, buyer status will inevitably coincide with the moment the remedy of specific performance or, in some cases, replevin becomes available to the buyer. The Article's second purpose is …

Equity And Equitable Remedies, William Hamilton Bryson

Law Faculty Publications

Encyclopedia entry on Equity and Equitable Remedies in the Encyclopedia of the American judicial system : studies of the principal institutions and process of law.

A Case Study Of The Federal Judiciary's Role In Court-Ordered Busing: The Professional And Personal Experiences Of U.S. District Judge Robert R. Merhige, Jr., Ronald J. Bacigal, Margaret I. Bacigal

Law Faculty Publications

Judge Robert R. Merhige, Jr. assumed the office of federal district judge for the Eastern District of Virginia in August of 1967. Upon discovering that federal judges had lifetime tenure, Merhige's father advised: "Take the job. You'll live forever." Neither the elder Merhige nor any observer could have foreseen the turbulence that would engulf Judge Merhige's life on the bench. Two weeks after his appointment, Merhige was faced with government efforts to silence militant black leader H. Rap Brown. Soon thereafter Merhige confronted numerous civil rights and anti-war issues, gaining some immediate notoriety as the first federal judge to declare …

An Introduction To Legal Reasoning, Writing, And Research Techniques; And Trial Preparation And Appellate Advocacy, Peter N. Swisher

Law Faculty Publications

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Bounds And Beyond: A Need To Reevaluate The Right Of Prisoner Access To The Courts, Steven D. Hinckley

University of Richmond Law Review

There is little doubt that a prisoner's most important right is access to the courts. Without access, prisoners have neither a forum in which to question the conditions and constitutionality of their confinement, nor an arena in which to seek vindication of other alleged rights violations. Therefore, the right of access is the foundation upon which other prisoners' rights are built.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Virginia Domestic Relations Handbook And Virginia Domestic Relations Case Finder, Matthew N. Ott

University of Richmond Law Review

The Michie Company has released two publications dealing with the changing area of domestic relations law and which provide the busy Virginia practitioner with easy access to the areas within the field of family law practice and the relevant case authorities.

Potential Employer Liability For Employee References, Kyle E. Skopic

University of Richmond Law Review

Employers are having second thoughts about giving employee references. Until recently, prior employers willingly passed on significant amounts of employee information to prospective employers. However, the increasing propensity of individuals and companies to sue over undesirable or inadequate references has made many employers reluctant to give out frank and detailed references. As courts continue to explore privacy and employee rights, employers will be forced to weigh the benefits of providing references' against the possibility of defending a costly lawsuit.

Criminal Rico: Forfeiture Of Fees, Sixth Amendment Rights, And Attorney Responsibilities, Elizabeth E. Stanulis

University of Richmond Law Review

The Racketeer Influenced and Corrupt Organizations Act (RICO) is the most expansive criminal statute ever passed by Congress. The statute and its amendments impose strict penalties for various activities associated with organized crime, including forfeiture of the proceeds of criminal activity. However, RICO's ambiguous language has caused confusion in its interpretation by federal courts.

Tribute: The Passing Of A Legal Legend, Ronald J. Bacigal

University of Richmond Law Review

The University of Richmond Law Review respectfully dedicates this issue to the memory of Malcolm Ray Doubles, 1900-1987. Judge Doubles earned his B.S. degree at Davidson College and his law degree at the T.C. Williams School of Law. He practiced with the Richmond law firm of Carter, Crawford and Redd before leaving to become a full-time law professor at the T.C. Williams School of Law. He served as dean of the law school from 1930 to 1947 and from 1971 to 1972, and as Judge of the Hustings Court of Richmond from 1947 to 1965. The pages that follow serve …

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones

University of Richmond Law Review

After three years of working major changes to the Virginia Administrative Process Act (VAPA), the General Assembly paid scant attention to the Commonwealth's fundamental law of administrative procedure in 1987. During its most recent session, the legislature produced only three amendments to VAPA, inserting a regulation severability provision, modifying VAPA's impact on Voluntary Formulary changes, and narrowing the exemption enjoyed by the Virginia Marine Resources Commission. In two other statutory changes affecting administrative procedure, the General Assembly expressly provided for agency subdelegation and specified the method for computing time for a rule of court. While severability has evolved into an …

Annual Survey Of Virginia Law: Business And Corporate Law, David R. Ruby

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part I covers judicial developments, including: (1) the United States Supreme Court's upholding of the validity of an Indiana anti-takeover statute, similar to Virginia's affiliated transactions provisions; (2) the Virginia Supreme Court's ruling that the providing of day care in one's home constitutes a "business pursuit" within the meaning of a standard exclusionary clause found in homeowners' insurance policies; and (3) in what appears to be a case of first impression before any Virginia court, a Virginia circuit court's invalidation of a stock option granted by the …

Annual Survey Of Virginia Law: Evidence, Charles E. Friend

University of Richmond Law Review

During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.