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Articles 5431 - 5460 of 6022

Full-Text Articles in Law

Interference With Privacy - In What Forms Might It Be Actionable In Virginia?, Robert F. Brooks, Robert M. Rolfe Jan 1979

Interference With Privacy - In What Forms Might It Be Actionable In Virginia?, Robert F. Brooks, Robert M. Rolfe

University of Richmond Law Review

Much has been written about the right of privacy since the 1890 law review article by Samuel Warren and Louis Brandeis which first proposed that such a right be recognized. In the ensuing years the tort of invasion of privacy, which is, in reality, an amalgam of four separate torts, has been widely accepted. In spite of the burgeoning recognition of various rights assembled under the rubric of right to privacy, the Supreme Court of Virginia has never decided whether private citizens are entitled to protection of their personal privacy against invasions by other private citizens. It is the intent …

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When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell Jan 1979

When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell

University of Richmond Law Review

A 1977 article in this Review noted certain amendments to Virginia's Banking Act which introduced and defined the term "public interest" as the standard to be applied by the Virginia State Corporation Commission (hereinafter Commission) in regulating the expansion of the state-chartered banks and savings and loan associations in Virginia. That article summarized certain principles the Commission and the Virginia Supreme Court had applied under the former tests ("public need" and "public convenience and necessity"), and pointed out facts the Commission had considered significant in deciding those cases.

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Nonpoint Pollution Control In Virginia, John V. Cogbill Iii Jan 1979

Nonpoint Pollution Control In Virginia, John V. Cogbill Iii

University of Richmond Law Review

Congress has established a national goal of "clean water" by 1983 and the elimination of all pollutant discharge into the navigable waterways by 1985. The nation has made great strides toward controlling and eliminating point source pollutants. There has been no corresponding progress in the area of nonpoint pollution control. Such pollution from agriculture, mining, silviculture, and urban runoff is causing lakes to die prematurely and is seriously affecting Virginia's fishing industry. This comment will review the federal requirements for control of nonpoint source pollution, Virginia's role in an implementation program, and, finally, some recom- mendations to aid Virginia in …

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The Status Of Third-Party Practice In Virginia, John M. Claytor Jan 1979

The Status Of Third-Party Practice In Virginia, John M. Claytor

University of Richmond Law Review

The past three decades have seen third-party practice in Virginia instituted, abolished and revived. The practice was first sanctioned by a 1948 amendment to the Virginia Code of 1919. In the 1949 case of Masters v. Hart, it was held that by virtue of the 1948 amendment the trial court could, in its discretion, permit third parties to be impleaded as the interests of justice may require. However, the supreme court in that decision also pointed out that the amendment was both confusing and incomplete; and, also noted that in order for a complete system of third-party practice to be …

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Taxation Of Boot Received During Acquisitive Reorganization: Dividend V. Capital Gain, Stephen Lee Dalton Jan 1979

Taxation Of Boot Received During Acquisitive Reorganization: Dividend V. Capital Gain, Stephen Lee Dalton

University of Richmond Law Review

Acquisitive reorganizations either by consolidation or statutory merger have become a popular means for corporations with surplus cash or treasury stock to diversify their investment base. The tax treatment of cash received during such reorganizations is an often litigated and still unsettled area of the law. Such confusion is the product of inconsistent and irreconcilable case holdings and Revenue Rulings as the courts and the Internal Revenue Service have attempted to apply the myriad of judicial doctrines and intricate Code law dealing with this question to various factual situations.

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Mechanics Liens - Allocation Among Multi-Unit Projects Under Virginia Law, David L. Lingerfelt Jan 1979

Mechanics Liens - Allocation Among Multi-Unit Projects Under Virginia Law, David L. Lingerfelt

University of Richmond Law Review

In several recent decisions the Virginia Supreme Court and the Federal District Court for the Eastern District of Virginia have ruled on the validity of blanket or joint mechanic's liens. The blanket lien, as may be inferred from its name, is used to encumber more than one property unit in a single action. Its benefit is sought when an artisan or material supplier has improved two or more units in one transaction, and there has been a failure of remuneration. The mechanic's lien gives the artisan a preferred status among creditors, and therefore its immunity to attack is of critical …

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Children And The Law - Foreword, Birch Bayh Jan 1979

Children And The Law - Foreword, Birch Bayh

University of Richmond Law Review

As a parent, legislator, and former Chairman of the United States Senate Judiciary Subcommittee to Investigate Juvenile Delinquency, the problems of the youth of our nation are very close to my heart. I think that raising a young person is one of the most difficult and important challenges that a person can ever face. Our collective success or failure in raising young people actually determines the future of the country. Happy, secure and well-educated youth will be effective, productive and useful citizens. Young people who have been beaten, starved, or deprived of love have accounted for the major portion of …

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Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker Jan 1979

Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker

University of Richmond Law Review

The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.

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Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding Jan 1979

Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding

University of Richmond Law Review

This case raises the most important question of every child's constitutional right to liberty, not only the liberty that includes freedom from bodily restraint [citation omitted], but also the liberty that includes the freedom of an ordinary, every-day child in these United States of America-the freedom to live with mothers, fathers, brothers, and sisters in whatever the family abode may be; the freedom to be loved and to be spanked; the freedom to go in and oat the door, to run and play, to laugh and cry, to fight and fuss, to stand up and fall down, to play childish …

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The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …

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The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr. Jan 1979

The Repudiation Of Plato: A Lawyer's Guide To The Educational Rights Of Handicapped Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Plato's solution for the handicapped children of Athens advanced some 2400 years ago was rejected by the Supreme Court of the United States in famous dictum in Meyer v. Nebraska as being "ideas. . . wholly different from those upon which our institutions rest .... " However, it took about half a century for the ultimate repudiation of the ideas espoused by the great philosopher as the Supreme Court's 1923 dictum finally bore fruit in federal court decisions establishing a constitutional right to education for handicapped children and in a congressional definition of such a right in the Education for …

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University Of Richmond Law Review Index Jan 1979

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for Volume XIII.

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Dedication - J. Westwood Smithers Jan 1979

Dedication - J. Westwood Smithers

University of Richmond Law Review

Mr. Smithers has been associated with the T. C. Williams School of Law for 50 years, both as a student and as a professor. Over the course of the half-century which has passed since he began his first year as a student in the old building on Lombardy Street, Mr. Smithers has served as example, mentor and friend to countless scores of students and attorneys both within and outside the state. He taught his last regular class at T. C. Williams last year, leaving behind a school saddened by his departure, yet richer for his service. The Editorial Board, therefore, …

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J. Westwood Smithers, William S. Cudlipp Jr. Jan 1979

J. Westwood Smithers, William S. Cudlipp Jr.

University of Richmond Law Review

I first became acquainted with J. Westwood Smithers in the fall of 1929 when he entered the law school as a student in what was the morning division. I was then in my second year, but due to the small number which comprised the student body and the limited library facilities at that time, not many newcomers remained strangers for long, and West, as he came to be known, was certainly no exception.

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J.Westwood Smithers- "The Professor", Robert R. Merhige Jr. Jan 1979

J.Westwood Smithers- "The Professor", Robert R. Merhige Jr.

University of Richmond Law Review

My first clearly defined recollection of "The Professor" has, to my enjoyment and embarassment, survived for more years than he or I would willingly acknowledge, but I would expect that the incident giving rise to my recollection has now become part of the folklore of T. C. Williams School of Law and will survive each of us.

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Regulation Of Consumer Credit In Virginia: A Suggestion For Legislative Improvement, Douglas P. Rucker Jr., William C. French Jan 1979

Regulation Of Consumer Credit In Virginia: A Suggestion For Legislative Improvement, Douglas P. Rucker Jr., William C. French

University of Richmond Law Review

The American economic system is the most successful yet developed, and consumer credit has played a vital role in that economy. Consumer credit has experienced tremendous growth, and has adjusted to the demands of changing life-styles, economic needs, and geographic distinctions, as well as to the different types of consumer goods which have become available with a minimal amount of government intervention. What government intervention there has been has involved restraint and restriction. There now exists the need to improve the consumer credit industry to enable the citizens of Virginia to continue to be able to obtain both the necessities …

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Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles Jan 1979

Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles

University of Richmond Law Review

An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.

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The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger Jan 1979

The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger

University of Richmond Law Review

A number of recent decisions by the United States Court of Appeals for the District of Columbia, its counterpart for the Eighth Circuit, and the United States Supreme Court, have substantially curtailed the power of the FCC to regulate the growth of cable television. Such regulation has proved to be a very complicated and extended saga of FCC activity, one measure of which was the extraordinary justification for publishing a per curiam opinion in Home Box Office, Inc. v. FCC: "not because it has received less than full consideration by the court, but because the complexity of the issues raised …

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State Environmental Protection Versus The Commerce Power, K. Dennis Sisk Jan 1979

State Environmental Protection Versus The Commerce Power, K. Dennis Sisk

University of Richmond Law Review

As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.

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Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors Jan 1979

Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors

University of Richmond Law Review

The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.

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Interpleader In Virginia, Stephen E. Baril Jan 1979

Interpleader In Virginia, Stephen E. Baril

University of Richmond Law Review

Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.

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The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag Jan 1979

The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag

University of Richmond Law Review

For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.

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Guaranteeing Solar Access In Virginia, W. Wade Berryhill, William H. Parcell Iii Jan 1979

Guaranteeing Solar Access In Virginia, W. Wade Berryhill, William H. Parcell Iii

University of Richmond Law Review

The idea of using solar rays as a source of power is certainly not new. History records Archimedes' use of a solar concentrator to burn enemy vessels. The use of solar heat engines for over 150 years, the operation of a massive solar still to convert sea water to potable water in Chile for 40 years, and the development of an elaborate solar furnace in France are noted examples ofthe long standing and highly successful application of solar power.

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State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond Jan 1979

State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond

University of Richmond Law Review

FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …

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Confidential Communication Privileges Under Federal And Virginia Law, Roger L. Williams Jan 1979

Confidential Communication Privileges Under Federal And Virginia Law, Roger L. Williams

University of Richmond Law Review

This Comment focuses on the confidential communication privileges recognized under federal and Virginia law. The history of rule 501 of the Federal Rules of Evidence is discussed in order to illustrate the policies which Congress intended to further by enacting it and to shed some light on how Congress intended the rule to operate. Discussion includes an examination of various trends or approaches which recent federal decisions have taken in applying rule 501. Finally, specific privileges which have been recognized by federal courts and specific privileges recognized under Virginia law are enumerated.

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Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross Jan 1979

Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross

University of Richmond Law Review

This article addresses the constitutionality of those statutes known as "parental support laws" or "relative support statutes" in light of the equal protection clause of the fourteenth amendment to the United States Constitution. These statutes impose upon a person the duty to support an indigent parent or other impoverished relatives. This article focuses only on the statutory duty of children-under threat of punishment-to support indigent parents. In order to pass Constitutional muster under the requirements of the equal protection clause, there must be established at least a rational relationship between the class designated by the statute and the objective of …

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Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk Jan 1979

Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk

University of Richmond Law Review

The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'

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Book Reviews, Edward S. Graves, David L. Ross Jan 1979

Book Reviews, Edward S. Graves, David L. Ross

University of Richmond Law Review

These are book reviews from 1979.

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A Family Court For Virginia, Frederick P. Aucamp Jan 1979

A Family Court For Virginia, Frederick P. Aucamp

University of Richmond Law Review

The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.

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Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno Jan 1979

Sentencing In Criminal Cases: How Great The Need For Reform?, Anthony P. Giorno

University of Richmond Law Review

For many years, the sentencing process of the criminal justice system sought to achieve four goals: deterrence, rehabilitation, incapacitation of the offender, and retribution for society and the victim. The achievement of these goals was implemented in the majority of jurisdictions through imposition of an indeterminate sentence and discretionary release by an administrative body-traditionally a parole board. This approach allowed courts to announce relatively long sentences as a deterrent to future criminal behavior and to placate the victim and society, but tempered the punishment by allowing early release on an individual basis as soon as the offender had been rehabilitated.

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