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Articles 5221 - 5250 of 6022

Full-Text Articles in Law

Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson Jan 1983

Spouse Abuse: Proposal For A New Rule Of Thumb, Cheryl A. Wilkerson

University of Richmond Law Review

Since the mid-1970's, the nation has been giving increased attention to the problem of spouse abuse. This increased attention arose a decade after the nation became acutely aware that child abuse was a problem in this country. Heightened awareness of the fact that violence occurs between family members was accompanied by recognition that available legal remedies were inadequate. The remedies available to the abused spouse in most states other than Virginia include not only prosecution through the criminal justice system but also civil protective orders which may be obtained by victims either as an alternative to or in conjunction with …

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The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert Jan 1983

The Trustee Versus The Trade Creditor: A Critique Of Section 547(C)(1), (2) & (4) Of The Bankruptcy Code, Michael J. Herbert

University of Richmond Law Review

The Bankruptcy Code, like its predecessor the Bankruptcy Act, permits the trustee to avoid certain preferential transfers made or suffered by the bankrupt just prior to bankruptcy. Generally, any transfer relating to an antecedent debt made to or for a creditor by an insolvent within ninety days before the filing of the bankruptcy petition is avoidable by the trustee. The trustee may sue the creditor to recover the preference. In addition, the preferred creditor will not be entitled to any dividend from the estate until the preference is repaid.

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Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch Jan 1983

Academic Discretion And The Constitution: The Fundamentals For Public Higher Education, Paul J. Forch

University of Richmond Law Review

Public institutions of higher education, their faculty, administra- tors, and board members have proven to be a fertile source for the civil rights litigator in the development of constitutional rights. Not surprisingly, education law reporters and journals are reporting increasing numbers of case decisions in the context of higher education. Yet, many educators suffer the mistaken notion that academic judgment is outside the scope of judicial review. While some judicial deference is given to academic discretion, it is by no means conclusive in the face of a constitutional challenge.

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Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr. Jan 1983

Annexation In Virginia: The 1979 Amendments Usher In A New Era In City-County Relations, Robert E. Spicer Jr.

University of Richmond Law Review

Annexation has been the most common method of adjusting local government boundaries in the United States since the 1850's. This widespread acceptance of annexation, however, has not created uniform procedures for initiating and completing annexation proceedings. Rather, the process of annexation varies considerably from state to state.

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The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson Jan 1983

The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson

University of Richmond Law Review

The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.

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The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy Jan 1983

The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy

University of Richmond Law Review

The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.

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Virginia Criminal Procedure, Murray J. Janus Jan 1983

Virginia Criminal Procedure, Murray J. Janus

University of Richmond Law Review

Professor Ronald J. Bacigal of the T.C. Williams School of Law has made a valuable contribution to the criminal justice system with the recent publication of this book. Not only is the book well-written, but it is succinct and of a size that will easily fit into a lawyer's briefcase to accompany him to court. The manner in which the book is written is such that it can be readily understood by laymen interested in the law or used as the text for a course on criminal procedure in law school or college, and yet the book is detailed enough …

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Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson Jan 1983

Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson

University of Richmond Law Review

Public confidence in the integrity of our public officials is necessary for effective government. The independence of the federal regulatory process is a crucial element of that confidence. When this independence is examined, however, a major concern arises about the inherent appearance of impropriety and conflict of interest in the "revolving door" practice of federal agencies.

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Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio Jan 1983

Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio

University of Richmond Law Review

Executive privilege is "a concept invoked by members of the executive branch of the government to justify withholding evidence and other communicative materials from the legislative and judicial branches." Since the presidency of George Washington, the executive has attempted to withhold information from the other two branches.

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Auditors' Liability - Adoption Of A Reasonable Foreseeability Standard, Laurence E. Skinner Jan 1983

Auditors' Liability - Adoption Of A Reasonable Foreseeability Standard, Laurence E. Skinner

University of Richmond Law Review

The common law liability of auditors to third party users of negligently audited financial statements is currently in a state of transition. For years, on the basis of Ultramares Corp. v. Touche, auditors successfully raised a lack of privity of contract with the plaintiff as a defense in negligence actions. Starting in the late 1960's, however, courts began to abandon the privity defense in favor of liability limited to actually foreseen third parties or foreseeable classes of financial statement users. Two recent cases manifesting the trend toward expanded auditors' liability held for the first time that negligent auditors can be …

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Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant Jan 1983

Allocating The Fruits Of A Marriage: A Look At Virginia's New Domestic Relations Statute, Torrence M. Hinnant

University of Richmond Law Review

Divorce is on the rise. The social, emotional, and economic partnership that constitutes the foundation of the family is succumbing to both external and internal pressures, resulting in an alarming rate of divorce, an event which has significant consequences for the involved spouses and children.

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Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy Jan 1983

Valuation Of Spousal Interest In A Professional Practice For Equitable Distribution: Hirschfeld V. Hirschfeld, David W. Hagy

University of Richmond Law Review

The New York court in Hirschfeld v. Hirschfeld held that under the state's equitable distribution statute a husband's interest in his law prac- tice constitutes marital property subject to equitable division upon divorce. The court noted the lack of a valuation standard in both the statute and the state case law and applied an Internal Revenue Service formula to calculate the amount of goodwill in the law practice. The court divided that amount equally and awarded the wife $6,900, over three years, as her share of the husband's net income from his law practice.

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Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher Jan 1983

Enforcement Of Judgments And Liens In Virginia, Federal Regulation Of Family Law, J. Stephen Proffitt Iii, Peter N. Swisher

University of Richmond Law Review

Collection practice has undergone a major transition over the past fifteen years. Once the ignored bastard by the mainstream of the bar, collection practice has survived and matured into a serious endeavor for a growing body of lawyers. Several reasons underlie this change. First, as society has become more transient and business relationships increasingly impersonal, businessmen and professionals have had to intensify collection efforts to maintain profit levels. Since legislation and supplementary case decisions have made debtor-creditor law a complex field, lawyers are frequently called upon to do collection work because of their expertise in using sophisticated legal procedures. Second, …

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University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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Professional Responsibilities Of The Federal Prosecutor, John S. Edwards Jan 1983

Professional Responsibilities Of The Federal Prosecutor, John S. Edwards

University of Richmond Law Review

The United States Attorney is in a unique and powerful position to affect the lives of many persons in the administration of justice in his district. He is vested with broad discretionary authority as the district's chief federal law enforcement officer and prosecutor; this includes the authority to initiate investigations and to bring charges. In exercising his responsibilities, he must be vigorous and vigilant in attacking crime, but must temper his zeal with a recognition that his broader responsibilities are to seek justice and not merely to prosecute with the single-minded goal of winning cases and achieving convictions. He must …

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Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant Jan 1983

Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant

University of Richmond Law Review

Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at unexpected times and …

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The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy Jan 1983

The Preclusiveness Of A Party's Testimony: Sixty Years Of Massie V. Firmstone In Virginia, Ann L. Hardy

University of Richmond Law Review

The rule that a party may rise no higher than his own testimony was first articulated in Virginia in Massie v. Firmstone. It has been criticized, misunderstood, and misapplied, but since its inception in 1922, it has grown into an important rule of evidence and procedure. The practitioner must consider the implications of the rule from the moment he begins to gather evidence that he expects to present in the form of live testimony.

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Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell Jan 1983

Title Ix And Employment Discrimination: North Haven Board Of Education V. Bell, Claire G. Cardwell

University of Richmond Law Review

In 1972, Congress enacted Title IX of the Education Amendments in response to widespread sex discrimination by educational institutions. The goal of the statute was to prevent the use of federal funds to support discriminatory practices by institutions of higher education. In 1975, the Department of Health, Education and Welfare (HEW) issued regulations pursuant to sections 901 and 902 of Title IX. These regulations were specifically directed at the employment practices of federally funded education programs.

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Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal Jan 1983

Antitrust & Local Government, Search And Seizure, Howard Feller, J. Robert Brame Iii, Ronald J. Bacigal

University of Richmond Law Review

The United States Supreme Court's recent decision in Community Communications Co. v. City of Boulder has been aptly described as "a lightning bolt with potentially thunderous repercussions." City of Boulder basically established that local government activity is not immune from federal antitrust laws unless it is undertaken pursuant to a clearly articulated and affirmatively expressed state policy to replace competition with regulation or monopoly public service.

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Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James Jan 1983

Damages In Age Discrimination Cases - The Need For A Closer Look, Lavinia A. James

University of Richmond Law Review

Prior to 1967, older workers throughout the country were virtually unprotected from discrimination in their employment based on age. In the 1960's Congress first attempted to combat such discrimination against the elderly; however, none of the enacted statutes had an express prohibition on age discrimination.

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Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce Jan 1983

Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce

University of Richmond Law Review

The term "prejudgment interest" denotes the interest on a judgment computed from the time of the actual injury to the date of the final judgment. It is interest on a sum of money which, until the rendering of final judgment, has not been declared to be damages for the plaintiff. Prejudgment interest is not punitive. It is better viewed as compensatory in nature because its purpose is to indemnify a claimant for the loss. of the money which presumably could have been earned had payment of damages not been delayed. Once a cause of action accrues, the injured party becomes …

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University Of Richmond Law Review Table Of Contents Jan 1983

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette Jan 1983

Terminating Employees In Virginia: A Roadmap For The Employer, The Employee, And Their Counsel, Keith D. Boyette

University of Richmond Law Review

In Virginia, as elsewhere, employees are increasingly challenging the employer's decision to terminate the employment relationship. Consequently, the employer's time and resources are diverted from the operation of business to the defense of employee lawsuits. The probability and'risk of such litigation can be minimized if the employer, advised by his counsel, structures his employment con- tracts and relationships with an awareness of the legal consequences of his actions.

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Libel And Slander In Virginia, Thomas E. Spahn Jan 1983

Libel And Slander In Virginia, Thomas E. Spahn

University of Richmond Law Review

The law of libel and slander in Virginia is unsettled. Even defining the terms is difficult. While many states classify libel and slander as separate torts, in Virginia defamation encompasses them both. Moreover, there are two separate definitions of "defamation per se" in Virginia. There are also two types of "malice" which are applicable in defamation actions; and to make matters worse, one type of "malice" which actually is not malice at all is called "actual malice."

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Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles Jan 1983

Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles

University of Richmond Law Review

Coal, a primary energy source, is presently fueling the fires of debate in Virginia. The controversy has arisen over a plan developed by private investors to construct a coal slurry pipeline. The pipeline, as proposed, would transport between five and twenty-five million tons of coal annually from southwest Virginia to the Tidewater area. The coal would be pulverized and combined in a fifty percent mixture with water. Once the coal reaches its destination, the water would be extracted by centrifuge, leaving the coal ready for use.

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University Of Richmond Law Review Index Jan 1983

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Law Review Vol. XVII.

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Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian Jan 1983

Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian

University of Richmond Law Review

Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …

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The Polygraph In The Workplace, David E. Nagle Jan 1983

The Polygraph In The Workplace, David E. Nagle

University of Richmond Law Review

The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.

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Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee Jan 1983

Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee

University of Richmond Law Review

Recent news articles reflect the fact that conflict of interests problems can affect every person who serves the Commonwealth of Virginia in a governmental capacity. Public officers and employees are frequently faced with the Hobson's choice of either remaining in public life at the expense of divestiture of their private financial holdings or running afoul of the conflict of interests laws. They are not only charged with knowledge of the Virginia Comprehensive Conflict of Interests Act, but are also required, in many instances, to take affirmative steps to avoid violating it. Thus, they must be aware of the situations in …

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Board Of Regents Of University Of Oklahoma V. National Collegiate Athletic Association, Application Of The Per Se Rule To Price-Fixing Agreements, Robert M. Pfeifer Jan 1983

Board Of Regents Of University Of Oklahoma V. National Collegiate Athletic Association, Application Of The Per Se Rule To Price-Fixing Agreements, Robert M. Pfeifer

University of Richmond Law Review

In Board of Regents of University of Oklahoma v. National Collegiate Athletic Association, the Tenth Circuit Court of Appeals affirmed a lower court ruling that invalidated regulation of college football television contracts by the National Collegiate Athletic Association (NCAA). This decision left colleges and universities free to contract for the sale of broadcast rights to their football games. The United States District Court for the Western District of Oklahoma held that the NCAA television foot- ball plan and network contracts constituted an illegal price-fixing agreement and thus were per se violations of section 1 of the Sherman Anti-Trust Act. The …

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