Law Commons^™

The Coming Of Legal Specialization, O. Randolph Rollins

University of Richmond Law Review

A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …

The Virginia Code Of Professional Responsibility, Roderick B. Mathews

University of Richmond Law Review

The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …

Legal Ethics In The Bid Rigging Cases, Anthony F. Troy

University of Richmond Law Review

As a member of the Bar, one can never be too conscious of the ethical duty owed to the client, to the system of justice, and to the general public. Members of the public are viewing the legal profession with increasing skepticism. Even the Chief Justice of the United States Supreme Court recently asked rhetorically whether the decline in the public standing of attorneys is the product of a general impression that our profession is lax in dealing with incompetent or dishonest lawyers. Ethical issues arise in many settings. This article will focus mainly on the ethical issues which arise …

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

Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …

Annual Survey Of Virginia Law: Property, W. Wade Berryhill

University of Richmond Law Review

The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them.

The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff

University of Richmond Law Review

Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Law Review Vol. XIX.

The New Virginia Stock Corporation Act: A Primer, Daniel T. Murphy

University of Richmond Law Review

During its 1985 session, the Virginia General Assembly enacted a new stock corporation statute for Virginia ("Revised Statute"). The new statute became effective January 1, 1986. The Revised Statute represents a complete revision of the Virginia corporation statute and is the result of a thorough review of prior law. This article will discuss some of the significant changes in Virginia corporate law effected by the Revised Statute and will offer some guidelines for the interpretation and application of its provisions.

The Applicability Of Local Securities Acts To Multi-State Securities Transactions, Jack E. Mcclard

University of Richmond Law Review

A plaintiff in securities fraud litigation usually has a whole arsenal of legal theories to pursue. If the securities transaction touched several states, in addition to federal remedies, the plaintiff may have remedies available under two or more state securities acts. In multi-state transactions, lawyers naturally assume that the court must select among state remedies by applying conflict of laws principles. That natural inclination is generally unnecessary.

U.C.C. Section 9-315: A Historical And Modern Perspective, David Frisch

Law Faculty Publications

Once an appreciation of section 9-315's intended breadth is triggered, however, troublesome questions arise regarding its application. Because these questions are not answered in section 9-315 itself, this section must be analyzed in light of its common law origins and the general policies of Article 9. Part I of this Article therefore examines the historical origins of section 9-315 through a discussion of the common law doctrines of accession, specification, and confusion-property doctrines firmly rooted in civil and common law that retain a surprising vitality under the Code. Part II explores the drafting history of section 9-315, noting trends in …

Administrative Procedure (Annual Survey Of Virginia Law, 1985), John Paul Jones

Law Faculty Publications

Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …

James Martin: Friend And Co-Author, David G. Epstein

Law Faculty Publications

Jim Martin was a friend. Friends meant a lot to Jim. Being Jim's friend meant that at the end of your first week as a Visiting Assistant Professor at the University of Michigan Law School, Jim insisted that you come to his home for a gourmet dinner, even though it was below zero outside and Jim had never cooked anything more ambitious than microwave cuisine. Being Jim's friend meant that he pushed for your appointment to the Michigan law faculty, even though the appointment would probably result in your taking his commercial law courses. Being Jim's friend meant that he …

The System Of European Political Cooperation: A Brief Explanation, Daniel T. Murphy

Law Faculty Publications

Although the European Economic Communities more frequently are taking what appear to be institutional positions on foreign policy and political issues of grave concern to the world community, it is not inappropriate for them to do so. The longterm goals of the Communities in part are political, as expressed in the Treaty of Rome. In the preamble to the Treaty the signatories state that they are "[d]etermined to lay the foundations of an even closer union among the European peoples." Article 2 provides, in part, that one of the tasks of the Common Market is to promote "closer relations between …

Chapters 11 And 13 Of The Bankruptcy Code--Observations On Using Case Authority From One Of The Chapters In Proceedings Under The Other, David G. Epstein

Law Faculty Publications

This Article will focus on the relationship between Chapter 11 and Chapter 13 of the Bankruptcy Code. A number of issues are similar or identical in Chapter 11 and Chapter 13. Furthermore, much of the language of Chapter 13 mirrors that of Chapter 11. This Article explores whether courts should apply case law and concepts of one chapter when similar issues arise in proceedings under the other chapter. Parts II and III of this Article address basic similarities and differences between Chapters 11 and 13. Parts IV, V, and VI examine three issues governed by statutory language common to both …

The T.C. Williams School Of Law Newsletter: Winter 1985

Richmond Law Magazine

Features:

Summer Entry Program

Professor Shepherd's Convocation Address: A Student Commentary

Telethons Kick-Off 1985-86 Law Fund

Alumni Assist Law School Through Estate Planning

Judge Weinstein to Speak at 2nd Annual Emroch Lecture Series

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Berryhill

Law Faculty Publications

The focus of this article is on the state's power of eminent domain as a means of controlling the use of scarce coastal resources. However, in order to determine whether this rather drastic exercise of governmental power is the most appropriate means of effecting its purposes, the state or its delegate must consider the alternatives. This article therefore will first examine briefly other possible means of control; it will then discuss the substantive and procedural requirements of eminent domain; and finally, it will consider problems of post-acquisition resource management.

The T.C. Williams School Of Law Newsletter: Spring 1984

Richmond Law Magazine

Features:

Law School to Participate in First Annual Spring Recruitment Program

Virginia 's New Appellate Court

All American Hero

Senator Frederick T. Gray Receives Outstanding Alumni Award

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1984-1986, 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 …

Museletter: January 1984, Bill Grady

Museletter

Table of Contents:

A Sad Parting

Staff Changes

Thank You

Frontier of Computerized Legal Research

Lexis Libraries

The Use Of Roman Law In Virginia Courts, William Hamilton Bryson

Law Faculty Publications

By statute, the courts of Virginia are required to decide cases according to the principles of the English common law. However, they are not forbidden to resort to any other legal system where the common law of England is silent. Moreover, when the English courts themselves have no English law on a particular point, they often look to the Roman law in its ancient or its current form for guidance. Therefore, it is not unreasonable for Virginia courts to do likewise, and in the eighteenth and nineteenth centuries, in fact, they did. The purpose of this essay is to consider …

Virginia Tax Laws Affecting Churches, J. Rodney Johnson

Law Faculty Publications

This is the second of two articles dealing with external church law in Virginia. The first article was a restatement of all Virginia laws relating to churches except for the tax laws. The subject of taxes was reserved for special treatment at that time because of the volume of tax-related materials. For the most part these materials consist of the various constitutional and statutory taxation provisions relating to religious charities and the opinions of the Virginia Attorney General interpreting and applying these provisions. Attorney General opinions take on a special importance in this study because there is only a handful …

Procedures For Terminating Small Trusts, J. Rodney Johnson

Law Faculty Publications

Trusts sometimes become too small for effective administration. This article discusses various provisions-statutory, common law, and drafting for terminating them. I.

The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens

University of Richmond Law Review

Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …

The Use Of Scientific Evidence In Rape Prosecutions, John T. Tucker Iii

University of Richmond Law Review

Rape is defined as "unlawful sexual intercourse with a female without her consent." The crime has three basic elements: lack of consent, penetration, and identification of the assailant. Successful rape prosecutions are increasingly utilizing scientific evidence to investigate and prove the elements of rape. The purpose of this paper is to explore the many uses of scientific evidence with an eye towards providing a useful checklist to aid attorneys involved in a rape prosecution.

Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones

University of Richmond Law Review

The year 1983 was an active one for administrative law reform in Virginia. The Governor's Regulatory Reform Advisory Board completed its first full year of studying the state administrative process in Virginia, developing proposals for its improvement and drafting enabling legislation. The Board received a wide variety of suggestions from state employees, businesses, and the public at large in open hearings and through private correspondence. The result was the Board's first annual report, containing a series of proposed legislative reforms. The common thread of these reforms was an increased public involvement in bureaucratic decision-making creating broadly applicable regulations with the …

The Deductibility Of Bank Branching Expenditures: Central Texas Savings & Loan Association V. United States: A Weak Rebuttal To Ncnb Corp. V. United States, David Fields Webb

University of Richmond Law Review

In North Carolina National Bank Corp. v. United States, the Court of Appeals for the Fourth Circuit held that certain expenditures incurred by a national bank in connection with, yet prior to, the opening of branch offices were deductible under I.R.C. section 162 as ordinary business expenses. In Central Texas Savings & Loan Association v. UnitedStates, the Court of Appeals for the Fifth Circuit held that similar costs incurred by a savings and loan institution in its branching activities were capital rather than ordinary in nature, and could not be deducted under section 162.

New York V. Quarles:The "Public Safety" Exception To Miranda, John Randolph Bode

University of Richmond Law Review

In New York v. Quarles, the Supreme Court attempted to limit the exclusionary sanction provided under Miranda v. Arizona. Quarles is a significant decision in the criminal procedure area not only because of the exception which it establishes, but because it represents "a legitimate effort by the Burger Court to reconcile the realities of effective law enforcement with the often hyper technical rules of criminal justice." Many observers have interpreted the Quarles decision as the long-awaited fruition of the conservatism now presiding over the Burger Court. However, the setting for Quarles can be traced back to the Miranda decision itself.

Uniform Commercial Code Annual Survey: General Provisions, Sales, Bulk Transfers, And Documents Of Title, David Frisch

Law Faculty Publications

On a number of issues arising under the Uniform Commercial Code (U.C.C. or Code), the courts have reached conflicting results, yet the number of jurisdictions passing on each such issue remains small. There is still time, then, for discussion of proper solutions of many of such Code issues. Of interest is the continuing judicial struggle with the intermesh of the Code's warranty provisions, the strict liability provisions of the Restatement Second of Torts, section 402A, and the burgeoning new crop of products liability statutes. The trend toward nuclear and computer problems is reflected in cases involving construction of nuclear plants, …

The Priority Secured Party/Subordinate Lien Creditor Conflict: Is "Lien-Two" Out In The Cold?, David Frisch

Law Faculty Publications

The coexistence of secured and unsecured creditors leads inevitably to conflicts between the two. How these conflicts are resolved depends to a great extent on the context in which they arise. It is not the purpose of this Article to examine the ways in which these conflicting interests are handled in insolvency proceedings, whether common law or statutory. Instead, its focus will be on the clash which occurs when an unsecured creditor armed with a judgment attempts to satisfy that judgment by resort to property of the debtor which is already subject to a perfected security interest. Assuming the priority …