Law Commons^™

Dissolution, Forfeiture, And Liquidation Of Virginia Corporations, Joel D. Gusky

University of Richmond Law Review

Article 7 of Virginia's Corporation Code, under the general heading of "dissolution", describes the various methods by which corporate existence terminates in Virginia. Although Article 7 speaks in terms of dissolution per se, in reality there are three separate and distinct forms of dissolution: (1) voluntary dissolution, (2) forfeiture, and (3) liquidation of the corporation by a court of equity upon the petition of either the stockholders or the creditors of the corporation sought to be dissolved. Each section is sui generis and has certain procedures which incorporators, the State Corporation Commission (Commission), stockholders, or creditors must follow in order …

Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips

University of Richmond Law Review

Most people consider automobiles to be a safe place to store personal effects. But just as innocent articles can be kept in automobiles, so can contraband or other evidence of crime. Thus, courts have had to apply the law of search and seizure-which once spoke primarily to the security of the home-to a new setting. The courts treatment has not always been consistent. With a proper warrant, the search of an automobile is valid; but the more perplexing question is, "When is such a search valid without a warrant?" This comment attempts to answer that question, in part, by surveying …

Dissenting Stockholders' Rights In Virginia: Exclusivity Of The Cash-Out Remedy And Determination Of "Fair Value", Howard T. Macrae Jr.

University of Richmond Law Review

Until relatively recent times, the generally accepted rule was that a corporation could not merge, consolidate or sell all of its assets without the unanimous consent of its stockholders. Each stockholder was accordingly vested with an individual right of veto over any such corporate action from which that stockholder might dissent. In order to eliminate this shackle on corporate activity, state legislatures enacted legislation permitting corporations to enter into such so-called "extraordinary transactions" as mergers, consolidations and sales of all or substantially all of the corporate assets upon some specified majority vote of all of its stockholders. The price extracted …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus

University of Richmond Law Review

This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …

Uniform Child Custody Jurisdiction Act, Emily M. Trapnell

University of Richmond Law Review

A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …

The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford

University of Richmond Law Review

The Virginia Bench and Bar are uniquely fortunate in having the early corpus juris of the Commonwealth as recorded in ColonialDecisions, Virginia Decisions and the Virginia Reports. Due to the documents of our nation's birth students of history are fully aware of Virginia's contribution to the establishment of our country. Relatively few individuals, however, recognize the significant contributions made by several of the authors of these documents toward compiling and recording for posterity the decisions of the Commonwealth's highest court.

Clinical Education-A Golden Dancer?, W. Wade Beryyhill

University of Richmond Law Review

Before any revealing analysis of clinical education can take place, it is necessary, as well as helpful, to look briefly at the history and criticisms of legal education which spawned the emphasis in clinical programs. These efforts will be followed by an analysis of the recent clinical movement. The most predominant American law school programs generally termed "clinical" experience will be identified, described and critiqued. Section four of this article discusses the results of the author's survey QUESTIONNAIRE: Classroom Teaching Techniques and Programsof ClinicalEducation.Deans, or clinical faculty members if the law school had an ongoing clinical program, plus certain law …

Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson

University of Richmond Law Review

The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.

Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen

University of Richmond Law Review

A pretrial evidentiary ruling by a Virginia federal district court judge in an automobile crashworthy products liability case permits the manufacturer-defendant to introduce evidence of non-use of a seat belt on the issue of damages.

The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred

University of Richmond Law Review

The United States Congress clearly has the power to regulate commerce within its territorial boundaries and with foreign nations, pursuant to Article I, Section 8 of the Constitution. However, implementation of the framers' policy decision to protect American markets and provide an open economic atmosphere has created a myriad of problems and questions with the overwhelming rise of multinational corporations internationally and domestically. In early attempts to deal with anti-competitive forces, Congress in 1890 enacted the Sherman Anti-trust Act. In addition to its efforts in 1890, Congress has periodically responded to international and domestic antitrust needs. The Clayton Act of …

Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell

University of Richmond Law Review

A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.

Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis

University of Richmond Law Review

In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."

Virginia's Law Of Sovereign Immunity: An Overview, James A. Willett

University of Richmond Law Review

The immunity of a sovereign and its agents from liability for tortious conduct has long been a part of our common law. Its origin seems to be based on "the theory, allied with the divine right of kings, that 'the King can do no wrong', together with the feeling that it was necessarily a contradiction of his sovereignty to allow him to be sued as of right in his own courts." More modern justifications include the desire to limit judicial interference with the workings of government. Naturally this desire has left may wrongs unredressed. Thus, the law has been forced …

The "Tender Years" Doctrine In Virginia, Deborah M. Russell

University of Richmond Law Review

In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …

The Fate Of Non-Compliant Municipalities With Regard To The Secondary Treatment Standards Pursuant To The 1972 Federal Water Pollution Control Act Amendments- A Problem Of Enforcement, Tom Bondurant

University of Richmond Law Review

Water pollution is a dualistic problem which concerns both water quality and adequacy of supply of water. The failure to maintain a certain standard with regard to quality and/or adequacy leads to detrimental effects in such areas as domestic water supply, industrial water supply, agricultural water supply, wildlife watering, propagation of marine life, recreational activities, and aesthetic enjoyment.

Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes

University of Richmond Law Review

This article identifies the key factors that are taken into consideration by federal judges empowered to apply and give doctrinal content to the rules governing judicial review. The original inspiration was more modest. The article, as conceived, was to be simply an attempt to clarify the concept of reviewability. After some thinking about the topic, the close relationship between the concept of reviewability and other concepts of judicial review became clearer to me, and I decided that a useful antidote to the customary analysis, which emphasizes distinctions among these various concepts, is to emphasize their similarities.

Closing The Closing Gap, James G. Cosby

University of Richmond Law Review

It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Take-Over Bid Disclosure Act, Elliott H. Dejarnette

University of Richmond Law Review

The recent changes in the Take-Over Bid Disclosure Act by the General Assembly in its 1978 session are essentially a return to the shorter time limit requirements that existed prior to the 1977 amendment to the Virginia Code. As before, the offeror company which is contemplating a take-over of another corporation's stock [hereinafter referred to as the target corporation] must file with the State Corporation Commission [hereinafter referred to as SCC] and with the registered agent of the target corporation a statement which contains all information required by § 13.1-531(b). This filing must be made twenty days prior to such …

A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins

University of Richmond Law Review

In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …

Prepaid Legal Services: A New Frontier, Joseph R. Winston

University of Richmond Law Review

During its 1978 regular session, the Virginia General Assembly continued its efforts to regulate prepaid legal services. Enacted was a bill designed to regulate certain legal services plans not covered by Virginia or federal statute.

Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.

University of Richmond Law Review

On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Primary Liability Under Excess Insurance Clauses: State Capital Insurance Co. V. Mutual Assurance Society Against Fire On Buildings, Paul K. Campsen

University of Richmond Law Review

Insurance is a contract by which the insurer undertakes to indemnify the insured against loss arising from the destruction of or injury to the insured's property as a result of certain causes. By its very nature an indemnity contract obligates the insurer to reimburse the insured for the amount of actual loss suffered by the insured. There are, however, situations in which multiple insurance coverage exists; that is, the same interest and the same risk are insured at the same time by more than one separate and distinct insurance contract, each presumably liable in the event of loss of or …

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.

The Right To Treatment, Adrienne E. Volenik

Law Faculty Publications

This article seeks to. trace the development of the right to treatment in the juvenile justice system from its origins to the present. This exposition does not represent an in-depth analysis of the concept. Instead it seeks to acquaint the reader with how the right has been interpreted as being applicable to various phases of the juvenile system. This is accomplished through a summary of individual cases.

The author does not intend to posit her views on the future role the right to treatment will play in the juvenile justice system or the influence that it will have on decision …

The Optimum Marital Deduction Survives The Tax Reform Act, J. Rodney Johnson

Law Faculty Publications

Several years ago an article appeared in the pages of this journal which suggested that those attorneys who regularly focused on obtaining the maximum marital deduction in the wills they were drafting for their clients might be suffering from a form of estate planner's myopia. That is, they were losing sight of their ultimate goal of minimizing the total estate tax burden imposed on the husband's assets as they pass from him, through the wife, on to the ultimate beneficiaries. The danger foreseen was that, as an attorney employed one of the various formula clauses designed to obtain every possible …

Legal Malpractice: A Survey Of The Virginia Law, J. Rodney Johnson

Law Faculty Publications

A great deal has been written during the past several years about the increasing number of professional liability actions that are being brought against attorneys by their former clients. Indeed, some commentators have taken the position that a legal malpractice "crisis", similar to the medical malpractice crisis that has so adversely affected physicians in recent years, is imminent for the bar. This short note will turn away from the factual question concerning the existence of such a crisis and look instead at the legal issues that form the basis of an attorney's professional liability exposure in Virginia.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1977-1978, University Of Richmond

Law School Catalogues

General Information:

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 father, …