Law Commons^™

Annual Survey Of Virginia Law: Employment Law, Patricia K. Epps

University of Richmond Law Review

This survey covers legislative and judicial developments in Virginia employment law between June 1986 and June 1987. It does not address the workers' compensation and unemployment compensation statutes but focuses on state labor and fair employment laws and the employment-at-will doctrine.

Common Law Remedies Of Employees Injured By Employer Use Of Polygraph Testing, Deborah Weimer

University of Richmond Law Review

Defamation and invasion of privacy occur routinely during the administration of polygraph examinations in the workplace. Previously, employers have been shielded from liability for defamation on the grounds that publications in this context are protected by a qualified privilege. Until recently, the general perception was that employees had no substantial expectation of privacy in the workplace.

Implied Hearsay: Defusing The Battle Line Between Pragmatism And Theory, Ronald J. Bacigal

Law Faculty Publications

A return to the emotionally neutral fundamentals of the hearsay rule presents the clash between pragmatists and academicians in a setting which is free of the value laden considerations surrounding child abuse cases. This clash arises at the most fundamental level, that of defining hearsay. Many academicians favor a definition of hearsay as evidence whose reliability depends upon the veracity of someone not subject to cross-examination. Pragmatists (particularly trial lawyers) often find this formulation awkward and prefer a concise definition of hearsay as an out-of-court statement offered for the truth of the contents. The choice of definitions can make a …

Manipulation Of Futures Markets: Redefining The Offense, Wendy Collins Perdue

Law Faculty Publications

Historically, one of the most common charges raised against the futures market has been that of market manipulation. It would seem that whenever the public perceives prices as being too high or too low, someone will allege that the price is the result of manipulation. Despite the ease and frequency with which critics have leveled such charges and the fact that federal law has prohibited "manipulation" for over 65 years, a satisfactory definition of manipulation has yet to emerge.

This Article offers a fresh approach to defining manipulation. Rather than asking a court to determine whether a price is "artificial" …

Administrative Procedure (Annual Survey Of Virginia Law, 1987), John Paul Jones

Law Faculty Publications

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 …

Rule 19 And The Public Rights Exception To Party Joinder, Carl W. Tobias

Law Faculty Publications

The increasing number of "public interest" lawsuits suggests that federal courts increasingly will confront difficult party joinder questions posed by such litigation. These problems arise because entities not involved in the litigation may have interests that may be adversely affected by the litigation. The joinder issue presented by such cases is whether rule 19 of the Federal Rules of Civil Procedure requires that the suit be dismissed or whether the litigation can continue without joinder of the absent entities. Numerous courts have dealt with the question by creating a 'public rights exception," which permits the litigation to continue even without …

Annual Survey Of Virginia Law - Civil Procedure And Practice, William Hamilton Bryson

Law Faculty Publications

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …

Early Alternative Dispute Resolution In A Federal Administrative Agency Context: Experimentation With The Offeror Process At The Consumer Product Safety Commission, Carl W. Tobias

Law Faculty Publications

During the 1980s Alternative Dispute Resolution (ADR) has come of age. Much experimentation with consensual decisional processes has been conducted in the context of federal administrative agency proceedings. The Administrative Conference of the United States (ACUS) has stamped its imprimatur on the concept of ADR, the Environmental Protection Agency has negotiated successfully several rulemakings, and a plethora of additional agencies have implemented, are experimenting with, or are contemplating the application of, consensual decisional processes. The efficacy of ADR remains controversial and debate continues over how best to implement consensual procedures, while much agency experimentation has proceeded slowly by trial and …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1986-87), J. Rodney Johnson

Law Faculty Publications

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be ref erred to in the text by their section numbers …

Court-Ordered Exemptions To Secure Religious Liberty, Gary C. Leedes

University of Richmond Law Review

Cases arising under the United States Constitution's religion clauses fall into four general categories. In the first category are establishment clause controversies involving the provision of government services or aid. For example, when the government seeks to provide educational assistance to all private schools, financial aid to parochial schools is usually challenged on establishment clause grounds.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

The First Amendment And The Postal Service Subscriber Requirement: Constitutional Problems With Denying Equal Access To The Postal System, Elizabeth Gorman

University of Richmond Law Review

Second-class mail rates are available only to publications that distribute one- half or more of all circulated copies either to paying subscribers or to persons who have requested that the publication be sent to them. A publication that distributes more than half of its copies free of charge to persons who have not specifically requested copies must pay the higher third-class rate. As a result, the lower rate is denied to many community newspapers and to publications designed to win converts to a political cause or religious faith. This article argues that the Postal Service's unequal treatment of publications without …

Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson

University of Richmond Law Review

This article considers recent developments in the field of Virginia civil procedure and practice, including statutes, rules of court, and opinions of the Supreme Court of Virginia and the Court of Appeals of Virginia that have appeared between May 1986 and May 1987. This article also comments on cases in volumes five through eight of Virginia Circuit Court Opinions, many of which were decided before 1986. It is appropriate to mention them here since they were only recently made generally available through publication. In order to facilitate the discussion of numerous Virginia Code sections, they will be referred to in …

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

University of Richmond Law Review

It has been a fairly busy year for Commercial Law in Virginia courts, but not in the legislature. This may not last; there are already legislative efforts underway to extend the coverage of Virginia's Uniform Commercial Code (the "Code") to electronic fund transfers and personal property leasing. If those efforts are successful, the General Assembly will soon have on its hands the considerable task of evaluating the first major overhaul of the Code in a decade.

Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher

University of Richmond Law Review

The Virginia Premarital Agreement Act applies to any premarital agreement executed on or after July 1, 1986. The Act basically allows the parties prior to marriage to contract regarding: (1) the right to manage and control property, whenever and wherever acquired or located; (2) the disposition of property upon separation, marital dissolution, divorce, death, or the occurrence or nonoccurrence of any other event; (3) spousal support; (4) the making of a will, trust, or other agreement; (5) life insurance ownership rights; (6) the choice of law governing the agreement; and (7) "any other matter, including their personal rights and obligations, …

Annual Survey Of Virginia Law: Taxation, Carle E. Davis

University of Richmond Law Review

In an effort to coordinate Virginia's income tax with the federal income tax as amended by the federal Tax Reform Act of 1986, the Virginia General Assembly passed several bills amending the individual and corporate income tax provisions of title 58.1 of the Code of Virginia (the "Code"). In addition, the General Assembly enacted several miscellaneous bills, the most important of which covered changes to the sales and use tax and the real estate and recordation taxes.

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

University of Richmond Law Review

The 1987 session of the General Assembly enacted legislation dealing with wills, trusts and estates that amended fourteen sections and added three new sections to the Code of Virginia (the "Code"). In addition to this legislation, there were five cases from the Virginia Supreme Court during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Code sections, they will be referred to in the text by their section numbers only …

Punitive Damages And The Tort System, Griffin B. Bell, Perry E. Pearce

University of Richmond Law Review

This article is based on the Emmanuel Emroch Lecture Series address delivered by the Honorable Griffin B. Bell on April 8, 1987 at the T. C. Williams School of Law. Each year the Emmanuel Emroch Lecture Series features practitionersand academicians who are authorities on a particulararea of the law. The University of Richmond Law Review applauds Mr. Emroch's commitment to excellence in legal education and his continued support of the T. C. Williams School of Law.

Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder

University of Richmond Law Review

With the continuing problem of overcrowded prisons, parole board officials have been under increasing pressure to release prisoners before the natural termination of their sentences. As a consequence, the public suffers the risk that the parolee, once released, will commit a violent crime. If this should occur, the question then becomes whether the injured individual can, as a result, hold the parole board civilly liable for the negligent release or supervision of the parolee.

Sin, Scandal And Substantive Due Process: Personal Jurisdiction And Pennoyer Reconsidered, Wendy Collins Perdue

Law Faculty Publications

Professor Perdue recounts the underlying story of the U.S. Supreme Court's seminal personal jurisdiction case, Pennoyer v. Neff.

Diné Bibee Haz' Áanii: An Analysis Of The Navajo Political System, David E. Wilkins

Jepson School of Leadership Studies articles, book chapters and other publications

The Diné (Navajo) people have a representative/legislative form of government modeled loosely after the American system. The present governmental structure, established in 1938 by the Secretary of Interior, is outlined in the Navajo Tribal Code. This article encompasses the background of the Code, describes the efforts of tribal and federal officials to enact a tribal constitution, and discusses the key functions of government: legislative, executive and judicial. It also examines the various subunits of government operating within the reservation. Finally, it contains recommendations that, if enacted, could strengthen and legitimize Navajo government.

[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins

Bookshelf

The Diné (Navajos) inhabit a vast land of beauty and grace. It is a sprawling territory, bounded by sacred mountains and great rivers. The Navajo Reservation, first delineated in the 1868 treaty, has nearly quadrupled in size since then through some twenty-five additions. Today, the Diné land base is some 25,000 square miles (sixteen million acres roughly), encompassing a large portion of northeastern Arizona, a part of northwester New Mexico, and some 1,900 square miles in southeastern Utah. This tremendous stretch of land, the largest Indian reservation in the county, is slightly larger than the state of West Virginia.

Navajo …

Museletter: September 1986, Muse Law Library Staff

Museletter

Table of Contents:

Welcome (and Welcome Back)!

Library Hours

Muse News:

Evening Reference Librarian Joins Staff

Reference Desk Hours

"Just When You Thought You Knew Where Everything Was...."

New Microfiche Reader/Printer

Westlaw Comes to UR

CCALI -- Computer-Assisted Legal Instruction Diskettes Available on Reserve

Interlibrary Loans

From the "Let's Call the Whole Thing Off" Department...: "Va. Code" v. "Va. Code Ann." Part II

We Need Your Help: Food & Drink; ID Cards

Recreational Reading Reviews -- by Joyce Manna Janto, Acquisitions Librarian

Questions & Suggestions

Property, W. Wade Berryhill

Law Faculty Publications

The 1986 General Assembly may be remembered as much for what it did not do as for what it did. Carried over into the next session was House Bill 810, which would have abolished dower and curtesy in favor of a statutory share for the surviving spouse in the deceased spouse's estate. Of course, passage of this bill would have ushered in significant change in the practice of decedents' estates. Significantly, passage of the bill also would have legislatively overruled recent judicial and legislative activity which has created the sole and separate estate, for both female and male, allowing circumvention …

The T.C. Williams School Of Law Newsletter: Summer 1986

Richmond Law Magazine

Features:

Alternate Dispute Resolution Added The Curriculum

Merhige Center Update

New SBA Officers Elected

Judge Weinstein Delivers 2nd Annual Emroch Lecture

Law Schools Youth Advocacy Clinic Reports Active Year

American Law Network Satellite Programs

Museletter: May 1986, Muse Law Library Staff

Museletter

Table of Contents:

Questions & Suggestions

Muse News

Microcomputer Notes

LC Classification in a Nutshell - or - What Joker Classed the bible "BS 185?" by Sally Wambold, Catalog Librarian

Recreational Reading Reviews -- by Joyce Manna Janto, Acquisitions Librarian

Law Library Summer Hours

Boatwright Memorial Library Summer Hours

Museletter: February 1986, Muse Law Library Staff

Museletter

Table of Contents:

The Return of the "Museletter"

Questions & Answers

Muse News:

Additional Reference Librarian -- Spring, 1986

Microcomputers

Letter-Quality Printer Problems

Other Computer Notes

Technical Services: The "Nerve Center" of the Law Library

Recreational Reading Reviews -- by Joyce Manna Janto, Acquisitions Librarian

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1986-1988, University Of Richmond

Law School Catalogues

History:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late T. C . Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to The T. C . Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his …

Wills, Trusts And Estates (Annual Survey Of Virginia Law, 1985-86), J. Rodney Johnson

Law Faculty Publications

The 1986 session of the General Assembly passed eight bills dealing with wills, trusts, and estates. In addition to this legislation, there were four cases from the Virginia Supreme Court and one case from the Fourth Circuit Court of Appeals during the past year that involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article reviews all of these legislative and judicial developments. In order to facilitate the discussion of numerous Virginia Code sections they will be referred to in the text by their section numbers only. These section numbers will …

Implied Hearsay, Ronald J. Bacigal

Law Faculty Publications

Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay …