Law Commons^™

Dedication: Robert I. Stevenson

University of Richmond Law Review

Robert I. Stevenson will retire from his position as Professor of Law at the University of Richmond School of Law at the end of the 1981-82 academic year. Mr. Stevenson joined the faculty of T.C. Williams in 1974 and since that time has shared his knowledge, his wit and his perspective with countless students who by chance or design enrolled in his courses. To acknowledge our deep appreciation for the contribution which Mr. Stevenson has made to the quality of legal education at T. C. Williams and to express our sense of loss at his impending departure, the Editorial Board …

Tribute: Robert I. Stevenson, B.J. Brabham

University of Richmond Law Review

Professor Robert I. Stevenson must retire from teaching after this academic year. Students and faculty here at the University of Richmond Law School are saddened by the prospect. Many have gone to him personally, urging him to stay on for just one more year (hoping, without doubt, to see that "one more year" stretch into many more years). All have come away disappointed. Bob Stevenson believes that mandatory retirement, at least in this profession, is a good thing. He has seen too many excellent teachers, judges, and the like, continue on the job long after their excellence has vanished. And …

Tribute: Robert I. Stevenson, Sally Yates Wood

University of Richmond Law Review

I remember a fellow T. C. Williams law student turning to me at the end of a school semester and remarking: "I really did learn alot in Mr. Stevenson's Products Liability class, and you know, I swear I don't know how." I certainly had to agree that I, too, had learned alot, and I knew that this had been the case in all the courses I had had under Mr. Stevenson. (While at T. C. Williams, I managed to enroll in every class offered by Mr. Stevenson.) I did chuckle, however, at my friend's bewilderment about how or why he …

Conditional Zoning In Virginia, Frank O. Brown Jr., Susanne L. Shilling

University of Richmond Law Review

Zoning ordinances in the United States are of relatively recent origin. Local government planners were quick to recognize their usefulness as a means of land use control, and over the years zoning ordinances have been developed into many varied and complex forms. This article will focus on conditional zoning, one of the newest forms of zoning, as it exists today in Virginia. Some background on zoning in general, however, will be useful to achieve a proper understanding of conditional zoning.

The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill

University of Richmond Law Review

The problem begins simply enough. Soon moving to another city a homeowner negotiates and signs a contract for the sale of his present home. The contract provides that the purchasers are to assume the current mortgage with an interest rate of 91 %. The vendor and the purchasers notify the lender of the intended sale. Despite the fact that the proposed purchasers qualify as acceptable credit-risks, the lender informs the parties that the current mort- gage contains a "due-on-sale" clause and that he intends to accelerate the due date of the mortgage unless the purchasers agree to accept an increase …

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.

The New Warrant Requirements: Payton V. New York And Wallace V. King, Robert B. Lloyd Jr.

University of Richmond Law Review

Since the original Bill of Rights was drafted, the diverse warrant requirements necessary for reasonable searches and seizures under the fourth amendment have led to chaos and confusion. A dichotomy has existed between the requirements necessary for the search and seizure of property and those necessary for the search and seizure of persons. Generally, a warrant has been required when the object of the search and seizure was property while no warrant has been necessary for the seizure of an individual. The Supreme Court decision in Payton v. New York has erased much of this distinction, holding that the fourth …

Public Access To Criminal Trials: Richmond Newspapers, Inc. V. Virginia, Christopher C. Spencer

University of Richmond Law Review

Richmond Newspapers, Inc. v. Virginia is, in the words of Justice Stevens, a "watershed case." For the first time, the Court recognized that some sort of first amendment right of access to government proceedings exists. The Court, in a plurality opinion (joined by two Justices, accompanied by five concurring opinions and one dissent), held that the right of the public to attend criminal trials is "implicit in the guarantees of the First Amendment."

Capital Expenditures: A Result In Search Of A Rationale, John W. Lee, Nina R. Murphy

University of Richmond Law Review

A business may reduce its gross income by its expenses to arrive at taxable income; however, not all money paid out by a business during its tax year is deductible in that year. The distinction between business expenses which are deductible under section 1622 and capital expenditures which are not currently deductible under section 2633 is probably the most difficult one to discern in the entire area of business deductions, principally because so many disparate elements are encompassed within the capital expenditure doctrine.

Equity Insolvency And The New Model Business Corporation Act, Daniel T. Murphy

University of Richmond Law Review

One consequence of the recent and far-reaching revisions to the financial provisions of the Model Business Corporation Act (hereafter the "Model Act") is to re-focus attention on the significance of the elusive concept of equity insolvency as it affects corporate distributions.

Techniques Of Legal Drafting: A Survival Manual, Peter Nash Swisher

University of Richmond Law Review

The charge that we lawyers cannot write plain English is often supported by the quality of our legal documents. Legal drafting has aspects of complexity and precision not found in the great bulk of writing with which pre-law students are familar. Yet the traditional apprentice method for training competent legal draftsmen has failed "either because the typical young lawyer has been apprenticed to the wrong master or because the law schools have been unable to provide enough competent ones." This lack of a proper emphasis on legal drafting skills in America is demonstrated by the fact that of the four …

Scheduled Principal Prepayments: The Residential Mortgagor's Financial Response To Front-Ended Interest Charges, James E. Anderson

University of Richmond Law Review

In this era of double-digit inflation and high mortgage interest rates, many aspiring homeowners (as well as present homeowners) are searching for ways to mitigate the financial sting of skyrocketing housing costs. Prepayment of mortgage loan principal is a simple, little publicized, but completely legal technique which allows certain mortgagors to completely repay their mortgage loans, usually within half of the original loan period. This technique simultaneously trims thousands, and more often tens of thousands, of dollars from the interest charges the mortgagor would ordinarily pay under the terms of his mortgage note.

University Of Richmond Law Review Index

University of Richmond Law Review

This is the Index for Volume XV.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

This is Volume XVI of the University of Richmond Law Review.

A Critique Of Hodel V. Virginia Surface Mining And Reclamation Association, Timothy W. Mcafee

University of Richmond Law Review

On January 3, 1980, the United States District Court for the Western District of Virginia declared substantial portions of the Federal Surface Mining Control and Reclamation Act of 1977 (hereinafter "the Surface Mining Act" or "the Act") to be unconstitutional in Virginia Surface Mining & Reclamation Association v. Andrus. Specifically, the district court found that section 515(d) and (e) of the Act were in contravention of the tenth amendment, that sections 515(d)-(e) and 522 of the Act constituted an unconstitutional taking of private property without just compensation in violation of the fifth amendment and that sections 518 and 521 of …

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

Discovery Of Penalites, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.

The Psychotherapist-Patient Privilege In Child Placement: A Relevancy Analysis, Thomas F. Guernsey

Law Faculty Publications

In any child placement decision, the predominant consideration is the welfare of the child. Accordingly, the most widely used test in determining child custody is clearly the "best interests of the child" standard. Despite its relatively old vintage, the standard continues to represent a nebulous concept that courts have rarely been able to define with precision. Because of its open-ended nature, the best interests of the child standard makes relevant a wide range of evidence pertaining to the fitness of the parents and the environment in which the child will be raised. it is in determining these facts that child …

Discharges Under The New Bankruptcy Code, David G. Epstein

Law Faculty Publications

Prepared for the ALIABA Course of Study on Consumer Debtors and the Bankruptcy Code, September 24-25, 1981; revised by the author prior to publication in the Course Materials Journal.

Unless otherwise indicated, all section references are to the Bankruptcy Act of 1978, Title 11 of the United States Code ("Code"). "B.C.D." refers to the Bankruptcy Court Decisions; "B.R.," to West's Bankruptcy Reporter; "C.B.C.," to Collier's Bankruptcy Cases; and "UCC," to the Uniform Commercial Code.

Teaching Legal Reasoning In Law School, Peter N. Swisher

Law Faculty Publications

With the understanding that reasonable scholars and critics may differ, it is nevertheless this article's contention that law schools today must still strive to teach the basic logical principles-and process-of legal reasoning. By analogy, a swimmer must learn at least a few basic strokes in order to survive in his new environment. The same is true with law students and legal reasoning. An elementary foundation in legal reasoning skills, limited though it may be, is still better than nothing at all-especially when the latter alternative offers only confusion and misunderstanding.

The purpose of this article is to discuss one such …

The T.C. Williams School Of Law Newsletter: Winter 1981

Richmond Law Magazine

Features:

Carle E. Davis, L'53, Chairs 1981-82 Law Fund "Eighty-One For Scholarships"

Library Officially Opened at Law Weekend

McCann Leaves Lane Appointed

Judge M. Ray Doubles Presented Distinguished Service Award

Dean Elected Chairman

English Appointed Law Librarian

Dual Degree Programs With V.C.U.

J. Westwood Smithers Memorial Scholarship Fund and Portrait Fund

Incorporation And The Securities Acts, Daniel T. Murphy

Law Faculty Publications

ATTORNEYS, when advising clients regarding the advantages and disadvantages of incorporating a business, must carefully consider the applicability of the securities laws, state and federal, to the venture from its inception. If a business were run as a proprietorship or a general partnership, the principals could dispose of their interests in the business without consideration of the securities laws. The issuance of stock by a corporation to such individuals in exchange for cash or their interests in the business triggers the application of both state and federal securities laws. More importantly, however, the attorney must recognize that these statutes will …

The T.C. Williams School Of Law Newsletter: Fall 1980

Richmond Law Magazine

Features:

Law School Campaign Meets $1.5 Million Goal

New Summer Pre-law Program for Students Considering a Legal Career

Spruill to Chair Annual Giving

Estate, Gift And Income Tax Aspects Of Virginia's Transplanted Community Property - A Primer, J. Rodney Johnson

Law Faculty Publications

Almost a quarter of a century has now passed since the Virginia Supreme Court officially recognized the existence of transplanted community property in this state in the landmark case of Commonwealth v. Terjen, 197 Va. 596, 90 S.E. 2d 801 (1956). In this case, involving a California couple who sold their community-property owned residence in California and brought the proceeds along with them when moved to Virginia, the court held: "A change of domicile from a state where the community property law prevails to a common-law state does not affect the community property character of property previously acquired." Thus community …

The Danger Of Retaining A Will: A Virginia View, J. Rodney Johnson

Law Faculty Publications

The majority of American jurisdictions still continue the original common law concept of a statute of limitations that begins to run immediately upon the commission of a wrong, as contrasted with the more modern rule that a statute of limitations will not begin until such time as the injured party actually discovers the injury or, in the exercise of due diligence, should have discovered the injury. Those jurisdictions adopting the modern approach disregard what they refer to as the "technical" approach of the common law rule in order to focus on more fundamental concepts of justice instead. The issue, as …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1980-1982, University Of Richmond

Law School Catalogues

Purpose and Instruction:

The educational program of the law school is designed to equip its graduates with legally trained minds, while instilling a sense of professional responsibility. The case method of instruction is used in many courses. The beginning student is trained in the analysis and solution of legal problems by the application of logical reasoning. Attention is given to the principles of the early common law, state and federal decisions and statutes, and to such rules of law as are peculiar to Virginia. Substantive courses, dealing with the content of the law, are generally taught by full-time professors. Many …

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

Redemption Of Stock Under The Model Business Corporations Act And The Virginia Stock Corporation Act, Daniel T. Murphy

Law Faculty Publications

The Model Business Corporation Act (hereinafter the "Model Act") has been in existence for more than twenty-five years, and has served as the paradigm for the revised corporation statutes of approximately twenty-five states, including Virginia. Despite its age, certain of its provisions have been infrequently applied and interpreted in judicial opinions. One such set of provisions is that dealing with a corporation's right to redeem shares of its stock. The purpose of this article is to analyze the Model Act's provisions regarding the redemption of shares; and to review, in contrast thereto, the relevant provisions of the Virginia stock corporation …

Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson

Law Faculty Publications

This article will examine the various economic needs of the typical family during both the probate and the post-probate periods. The discussion will be presented under three separate headings which, it is hoped, will help to identify the major areas of concern. These three major areas of concern are: (I) a family allowance-to defray the ordinary and necessary expenses associated with the maintenance of a household for the decedent's family during the probate period, (II) a right to exempt property-to insure the continued possession by the decedent's family of those articles of personal property that are indispensable to the maintenance …

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …