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Articles 5101 - 5130 of 6022

Full-Text Articles in Law

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte Jan 1985

The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte

University of Richmond Law Review

History suggests that the attorney-client privilege is the oldest of the evidentiary privileges. It probably arose at common law during the 1500's, concurrent with the right to trial by jury. Judges initially viewed the privilege as a vindication of "the oath and the honor of the attorney." However, during the late 1700's, courts began to assert that the privilege's purpose was to encourage clients to make full disclosure to their counsel, by "providing subjectively for the client's freedom of apprehension." In 1871, the Virginia Supreme Court5 stated that "[i]f the privilege did not exist at all, every one would be …

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The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman Jan 1985

The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman

University of Richmond Law Review

The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.

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The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss Jan 1985

The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss

University of Richmond Law Review

When Abraham Lincoln wanted to attract clients to his law practice in 1837, he ran a simple advertisement announcing his services in an Illinois newspaper. Despite the precedent set by "Honest Abe," fifty years later the American Bar Association banned legal advertising and solicitation. Today, there is no absolute ban on legal advertising. A need exists for information regarding legal assistance, and in today's commercially-oriented society, it is not surprising that members of the legal profession want to advertise the availability of their services.

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Annual Survey Of Virginia Law: Criminal Procedure, Ronald J. Bacigal Jan 1985

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

University of Richmond Law Review

In Tennessee v. Garner, the United States Supreme Court rejected the common law rule which had permitted the use of deadly force to prevent the escape of an unarmed suspected felon. The Court held that deadly force cannot be used to prevent an escape unless the arresting officer has probable cause to believe that the suspect poses a significant threat of death or serious physical injury to the officer or others. The United States Supreme Court noted that "apparently" Virginia was one of the few jurisdictions still following the common law rule. However, the only Virginia authority cited, Berry v. …

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Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher, Victoria Bucur Jan 1985

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

University of Richmond Law Review

Premarital agreements, or antenuptial contracts, are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property, or in each other's estate, by reason of their impending marriage. Traditionally, premarital agreements were made by widows, widowers, or divorced older people, who wished to retain control of property acquired in a prior marriage and, upon death, pass such property on to the children of that prior marriage.

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Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1985

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

University of Richmond Law Review

The 1985 session of the General Assembly passed a number of bills dealing with wills, trusts, and estates, many of which resulted from the continuing law reform efforts of the Virginia Bar Association's Committee on Wills, Trusts and Estates. In addition to this legislation, the Virginia Supreme Court decided six cases during the past year that involved issues of interest to both the general practitioner and the specialist in wills and trusts. 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 …

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Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert Jan 1985

Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert

University of Richmond Law Review

Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …

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Spoliation: Civil Liability For Destruction Of Evidence, Andrea H. Rowse Jan 1985

Spoliation: Civil Liability For Destruction Of Evidence, Andrea H. Rowse

University of Richmond Law Review

Intentional destruction of evidence has become a serious legal problem. Recently, the A.H. Robins Company was accused of intentionally destroying incriminating documents relevant to Dalkon Shield litigation. Even documents the court ordered to be preserved were allegedly destroyed by an attorney representing the company. The A.H. Robins Company is not the only corporation accused of intentionally destroying evidence. An attorney representing the Eastman-Kodak Company in an antitrust suit admitted that he destroyed documents relating to the litigation.

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Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling Jan 1985

Section 65.1-7 Of The Virginia Workers' Compensation Act: Do Recent Virginia Supreme Court Decisions Leave The Claimant In No-Man's Land?, P. Fritz Kling

University of Richmond Law Review

The Virginia Workers' Compensation Act provides compensation for employees injured by accident or as a result of occupational disease. An employee who claims an "injury by accident" need not show negligence or fault on the employer's part, but only that the injury was caused by an accident "arising out of and in the course of the employment."

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Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller Jan 1985

Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller

University of Richmond Law Review

The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …

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Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan Jan 1985

Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan

University of Richmond Law Review

Because 42 U.S.C. section 1983 lacks its own statute of limitations, courts determine the deadline for commencing civil rights actions by borrowing the most appropriate limitation prescribed by state law. Courts have used a variety of techniques to choose among arguably relevant state limitation provisions. This diversity has produced "conflict, confusion, and uncertainty concerning the appropriate statute of limitations to apply to this most important, and ubiquitous, civil rights statute.

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Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith Jan 1985

Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith

University of Richmond Law Review

The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …

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The New Doctrine Of Necessaries In Virginia, Mark S. Brennan Jan 1985

The New Doctrine Of Necessaries In Virginia, Mark S. Brennan

University of Richmond Law Review

Under the traditional common law doctrine of necessaries, a husband has the duty to support his wife and is responsible for the cost of necessary goods and services furnished to his wife by third parties if he has failed to provide the necessaries himself. However, the recent influx of women into the marketplace and the United States Supreme Court's decisions on gender discrimination have caused a significant number of courts and state legislatures to modify the doctrine or abolish it altogether.

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The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese Jan 1985

The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese

University of Richmond Law Review

Arbitration, a widely utilized method for resolving commercial and labor disagreements, has become an increasingly accepted means of settling domestic disputes that arise under separation or divorce agreements. The number of judicial decisions reviewing clauses in divorce and separation agreements which provide for the arbitration of disputes involving spousal support payments, child support and custody matters, has more than doubled since 1950. In a number of jurisdictions, courts have consistently enforced arbitration clauses to settle matrimonial disputes. Attorneys are more frequently drafting separation agreements which contain arbitration clauses, and the American Arbitration Association has promulgated a variety of rules and …

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Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon Jan 1985

Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon

University of Richmond Law Review

In Nix v. Williams, the Supreme Court created an "inevitable discovery" exception to the exclusionary rule. This exception allows the prosecution to introduce illegally obtained evidence at trial upon a showing that such evidence would inevitably have been obtained, even without the police misconduct. The Supreme Court rejected the imposition of a second prong on the inevitable discovery exception which would have required the government to prove the absence of bad faith. The purpose of the inevitable discovery exception is to prevent the "setting aside [of] convictions that would have been obtained without police misconduct."

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The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb Jan 1985

The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb

University of Richmond Law Review

In recent years, the mentally retarded have been increasingly deinstitu- tionalized.1 One major factor responsible for this trend has been the acceptance of the theory of normalization, which proposes that mentally retarded individuals must be exposed to normal life patterns and conditions in order to develop their full potential. Mental health officials have attempted to implement normalization by the relocation of the mentally retarded into group homes. The group home format offers the benefits of family living through the placement of small groups of mentally retarded individuals into homes in residential areas.

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The Fall And Rise Of Professionalism, Thomas D. Morgan Jan 1985

The Fall And Rise Of Professionalism, Thomas D. Morgan

University of Richmond Law Review

In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.

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The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino Jan 1985

The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino

University of Richmond Law Review

One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.

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Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson Jan 1985

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

University of Richmond Law Review

This article considers recent statutes and case law in the field of Virginia civil procedure and practice. Since it has been several years since the last similar effort was published, this essay will take notice of the developments which have taken place from 1983 to May 1985. Much of the case law to be mentioned is pre-1983 trial court material, but since it was only recently published, it will be useful to have it included here. This is especially so since most points of civil procedure and practice, being harmless error, are not often considered by the Virginia Supreme Court …

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Annual Survey Of Virginia Law: Commercial Law, Michael J. Herbert Jan 1985

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

University of Richmond Law Review

During its 1984 and 1985 sessions, the General Assembly enacted a number of minor technical amendments to Virginia's Uniform Commercial Code. These included both the much-needed and long-awaited change of the word "state" to "Commonwealth" throughout the Code and a series of inexplicable revisions in the Code's punctuation. The most significant of these technical changes was undoubtedly the increase in the filing fees for Article 9 financing statements filed with the State Corporation Commission. (One substantial legislative change which indirectly affects the Code was the enactment of Virginia's new "Lemon Law." Some aspects of that statute are discussed below in …

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Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1985

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

University of Richmond Law Review

This section focuses on Virginia and federal developments affecting children from January 1984 through June 1985. The discussion will concentrate on legal developments impacting on juvenile delinquency; abused, neglected and missing children; paternity; child support; and the problems of educationally disadvantaged and handicapped children. Child custody developments are addressed in the section on Domestic Relations.

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Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher Jan 1985

Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher

University of Richmond Law Review

Jesse Root. Nathaniel Chipman. George Caines. Ephraim Kirby. Most lawyers will not recognize these names. More familiar, perhaps, are Alexander Dallas, Henry Wheaton, and Richard Peters. In fact, all belong to the same distinguished group: compilers and reporters of America's early judicial decisions. With the publication of Volumes One and Two of the Virginia Circuit Court Opinions (hereinafter "Opinions"), Professor Hamilton Bryson bids fair to join this distinguished group.

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University Of Richmond Law Review Jan 1985

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

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The Search For Guidance In Determining The Best Interests Of The Child At Divorce: Reconciling The Primary Caretaker And Joint Custody Preferences, Robert F. Cochran Jr. Jan 1985

The Search For Guidance In Determining The Best Interests Of The Child At Divorce: Reconciling The Primary Caretaker And Joint Custody Preferences, Robert F. Cochran Jr.

University of Richmond Law Review

United States courts have generally stated that their primary concern in child custody cases is the interests of the child. Many different rules have been established in the name of the interests of the child. During the nineteenth century, courts in this country were split over whether the mother or the father generally would be the better custodian for the child, with some courts recognizing a preference for the father and others, a preference for the mother. Most states eventually adopted a preference for the mother in custody cases involving children "of tender years." During the 1970's, many states rejected …

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Workers' Compensation For Disease In Virginia: The Exception Swallows The Rule, Elizabeth V. Scott Jan 1985

Workers' Compensation For Disease In Virginia: The Exception Swallows The Rule, Elizabeth V. Scott

University of Richmond Law Review

In the last fifteen years, "occupational disease" has become a household word. Thanks to "Sixty Minutes" and Ralph Nader, most Americans have been made aware of the hazards of coal dust, kepone, and vinyl chloride in the workplace. Numerous books have chronicled the plight of affected workers. A specialty in occupational medicine is now offered for physicians, who before had little or no training in recognizing work-related disease. In spite of this increased awareness, most occupational diseases still go unrecog- nized, both by physicians and by the legal system.

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Virginia Torts Case Finder, Paul J. Zwier Jan 1985

Virginia Torts Case Finder, Paul J. Zwier

University of Richmond Law Review

Brien Roche's Virginia Torts Case Finder ("Case Finder") provides a useful research aid for the students and practitioners of tort law in this state. This Case Finder, as the name implies, is a digest-like research tool for tort cases found in the Virginia Reports.

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Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy Jan 1985

Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy

University of Richmond Law Review

Virtually all colleges and universities have scholarship programs designed to support their athletic teams. The programs are generally in the form of membership clubs which are tax-exempt under section 501(c)(3) of the Internal Revenue Code and therefore eligible to receive donations which provide tax deductions to their patrons. The fact that an organization is an "eligible receiver," however, does not ensure that all payments to it are deductible. For example, the cost of football tickets is not deductible since the purchaser is receiving value for his payment.

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The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy Jan 1985

The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy

University of Richmond Law Review

In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.

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Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance Jan 1985

Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance

University of Richmond Law Review

The consumer advocacy movement of the late 1970's induced the Congress and the state legislatures to enact numerous consumer protection statutes. Unfortunately, several years elapsed before the public and the legislatures realized that those statutes did not protect the consumer in what is frequently the consumer's most significant personal purchase-the automobile.

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A Tribute To E. Ballard Baker, Robert E. Shepherd Jr. Jan 1985

A Tribute To E. Ballard Baker, Robert E. Shepherd Jr.

University of Richmond Law Review

The Editorial Board of the University of Richmond Law Review respectfully dedicates this issue to the memory of E. Ballard Baker, 1918-1985. Judge Baker was a graduate of both Richmond College and the T. C. Williams School of Law at the University of Richmond. He served on the Henrico County Court bench from 1967 until his appointment to the new Virginia Court of Appeals in December 1984. Judge Baker was an active alumnus of the University of Richmond. He taught business law at the University and was recently inducted into the University's chapter of the Omicron Delta Kappa leadership society.

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