Law Commons^™

Two Perspectives On The Real Estate Title System: How To Examine A Title In Virginia, William Mazel

University of Richmond Law Review

This article seeks to explain the mechanics of an examination of title to real property in Virginia. It addresses the procedural aspects of this process, and does not attempt to examine the substantive body of law which underlies the title examination procedure. Other published works are available for that purpose.

Criminal Law-Victims' Rights-Virginia Adopts Statute To Compensate The Victims Of Crime, Charles W. Hazelwood Jr.

University of Richmond Law Review

Concern for the victims of crime has increased in recent years. The enactment by the Virginia General Assembly of a statute to compensate victims of crime reflected this concern. The General Assembly, "as a matter of moral responsibility," decided to aid victims of crime who suffer disability and financial hardship. Underlying Virginia's passage of a victim compensation statute was the recognition that civil remedies against the criminal offender generally have been unsuccessful.

The Fifth Amendment And The Production Of Documents: A New Rationale, Lucretia C. Irby

University of Richmond Law Review

During its last term, the Supreme Court decided two cases involving the production of documents and papers; one involved the use of a search warrant, the other a subpoena duces tecum. Both cases raised the fifth amendment issues. In both instances, the Supreme Court found no violation of the privilege against self-incrimination.

The Reports Of Charles Lee And Of John Brown, W. Hamilton Bryson

University of Richmond Law Review

The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …

Private Discrimination Actions Filed In Federal Court: Nonsubstantive Matters Affecting Liability And Relief, Gary J. Spahn, David E. Boone

University of Richmond Law Review

Confusion regarding who may be held liable and what relief may be sought is evident in the inconsistent and conflicting decisions of the federal courts in private actions which charge unlawful discrimination under color of state law. The cause of the confusion has little to do with whether in fact the plaintiff has been the victim of discrimination but may be attributed to the piecemeal development of what may be termed nonsubstantive matters which nevertheless substantially affect the issues of liability and relief.

Socking It To Plaintiffs: Supreme Court Antitrust Decisions In 1976-77 Term, Jeff Miles

University of Richmond Law Review

Those persons who delve into the sometimes esoteric and sometimes shockingly practical world of the antitrust laws have noticed a markedly increased emphasis on both private and public enforcement efforts in recent years. One need look no further than the attacks against groups once thought to be immune, I action by Congress, and substantially increased state enforcement to see a vigorous movement to assure that no violation goes unnoticed and unpunished, and that private parties are compensated three-fold for injuries suffered by reason of illegal anticompetitive activity.

Sniadach Through Di-Chem And Backwards: An Analysis Of Virginia's Attachment And Detinue Statute, B. J. Brabham

University of Richmond Law Review

Few cases in debtor-creditor relations have been discussed as much as Sniadach v. Family Finance Corp., Fuentes v. Shevin, Mitchell v. W. T. Grant Co., and North Georgia Finishing, Inc. v. Di-Chem, Inc. Despite the volume already written, however, the commentary appears destined to continue for some time to come. Thanks largely to this outpouring of attention, most lawyers and students are acutely aware of the fundamental issue involved in that line of cases, namely: is it constitutional to seize a debtor's property without notice and a hearing? Before Sniadach the answer of most lawyers and students even remotely conversant …

Nicholas Bacon: The Making Of A Tudor Statesman, William Hamilton Bryson

Law Faculty Publications

A book review on Nicholas Bacon: The Making of a Tudor Statesman by Robert Tittler.

The Reports Of Charles Lee And John Brown, William Hamilton Bryson

Law Faculty Publications

The reports of Virginia cases from 1784 to 1794 compiled by Charles Lee and those of John Brown, which cover the period 1791 to 1799 in the Virginia Court of Appeals, are published for the first time here. Many of the cases in Lee's Reports and some in Brown's Reports have not been reported elsewhere, and the others supplement the rather brief case reports made by Bushrod Washington and Daniel Call. During the period of these reports, the judges of the court of appeals usually gave their opinions immediately after the attorneys had concluded their arguments; in the other cases …

An Attack On The Optimum Marital Deduction: Revenue Ruling 76-176, J. Rodney Johnson

Law Faculty Publications

A recent development in the field of estate and gift taxation-the issuance of Revenue Ruling 76-156 may be an indication of a policy decision on the part of the Internal Revenue Service to clamp down on the increasing utilization of the estate planner's most flexible tool in the ·area of post-mortem estate planning-the disclaimer. Due to the potential importance of this ruling, it seems desirable ( 1 ) to deal with the ruling, itself, in some detail, ( 2) to see how the ruling might affect an estate planning concept suggested in these pages last year, and ( 3) to …

The Class Action And Title Vii- An Overview

University of Richmond Law Review

The class action device and Title VII enforcement go hand in hand. In a proper case, a suit alleging a violation of Title VII is by nature a class action since it attempts to remedy the effects of employment discrimination on the basis of a class characteristic. As in any other case, however, a class action is permitted only if the requirements of Rule 23 of the Federal Rules of Civil Procedure are met. Before certifying an action as a class action' the court must determine that (1) the class is so numerous that joinder of its members is impracticable …

Commentaries On The Constitution Of Virginia- By A.E. Dick Howard, William B. Spong Jr.

University of Richmond Law Review

Virginians are aware of the significant contributions made by their forebears to the drafting of the Federal Constitution. They are less mindful of the early history and development of the Virginia constitution. Yet, more than a decade prior to final adoption of our federal charter, a Virginia convention, meeting in Williamsburg in May of 1776, authorized preparation of a Declaration of Rights for Virginia concurrently with enactment of a resolution of independence from Great Britain. This document of self- government, drafted primarily by George Mason and rooted in Magna Carta and the Virginia Charter of 1606, was Virginia's constitution for …

Zoning-Virginia Defines Scope Of Local Power To Impose Dedication And Land Use Requirements Upon Individual Landowners

University of Richmond Law Review

The power of local legislative bodies to enact zoning ordinances to regulate growth within their territorial jurisdictions has long been recognized. Pursuant to several enabling statutes, Virginia cities and counties have chosen various means of implementing this regulatory authority. In response to this trend, Virginia courts have developed general principles for judicial review of zoning ordinances. Simply stated, the purpose of a zoning act must be to promote the public health, safety, morals, or general welfare, to conserve and protect the value of buildings, and to encourage the most appropriate use of the land. If an area is zoned for …

Section 1244 Small Business Stock - Professional Responsibility Demands Its Use

University of Richmond Law Review

In 1958, Congress added section 1244 to the Internal Revenue Code, which allows ordinary loss treatment for original owners of specified stock in "small business corporations" when such stock is sold, exchanged at a loss, or when the stock becomes worthless. The purpose of section 1244 is to reduce the discrepancy between the tax treatment of losses sustained by corporations and those sustained by proprietorships or partnerships, thereby diminishing the role which tax considerations play in determining whether a business should be conducted in corporate or in unincorporated form. When an unincorporated business sustains an operating loss, such loss is …

Virginia's New Medical Malpractice Review Panel And Some Questions It Raises, Thomas J. Harlan Jr.

University of Richmond Law Review

Historically, attorneys would claim that in potential medical malpractice cases, it was difficult, if not impossible, to proceed against a defendant doctor. The so-called "conspiracy of silence" existed, causing the refusal of other doctors to serve as expert medical witnesses to prove that the defendant fell below the standard of reasonable care. This has not been true in Virginia for some time. In 1962, by a joint effort of the Virginia State Bar and the Medical Society of Virginia, a "Joint Screening Panel" was established. Its two-fold purpose was (1) to prevent frivolous claims from being filed against physicians and …

Article V Returns Under The Interstate Compact On Juveniles, Adrienne Volenik

Law Faculty Publications

The Interstate Compact on Juveniles provides the means by which a juvenile escapee or absconder can be returned to his state of origin with only a minimum of difficulty. Article V of the compact, which covers this situation, provides that the person or authority from whose probation or parole supervision a delinquent youth has absconded or from whose institutional custody he has escaped can make a written request for his return to the appropriate court or executive authority of the state where the youth is allegedly located.

Third-Year Practice Rules In Virginia: Notes For The Practitioner, George K. Walker

University of Richmond Law Review

It is pleasing to know that all courts sitting in Virginia have provided for student participation in the processing of cases. Within the boundaries of the Commonwealth, there is a uniform recognition of the need and appropriateness of judicial cooperation in the process of educating young men and women in the law.

The Suspect And The Grand Jury: A Need For Constitutional Protection, Marshall F. Newman

University of Richmond Law Review

In United States v. Mandujano,I the Supreme Court, while ostensibly reaffirming the proposition that the fifth amendment does not insulate a person charged with perjury from the prosecution's introduction of his false statements, has sanctioned the use of the grand jury as a subterfuge for circumventing the constitutional proscription against compulsory self-incrimination.

Capital Punishment: Constitutional Parameters For The Ultimate Penalty, James F. Stutts

University of Richmond Law Review

Four years after Furmanv. Georgia, the Supreme Court has resolved the major question left unanswered by that decision - does capital punishment per se constitute cruel and unusual punishment in violation of the eighth amendment? The Court also announced the statutory standards which satisfy Furman's requirement that the death penalty not be imposed arbitrarily or capriciously. By a 7-2 vote, the Court held that the imposition of the death penalty for murder did not per se constitute cruel and unusual punishment. By the same vote, the Court upheld the capital sentencing statutes of Georgia, Florida and Texas, noting that arbitrary …

A Guide To Federal Warranty Legislation-The Magnuson-Moss Act, Richard H. Matthews

University of Richmond Law Review

One of the primary causes of concern in the recent movement toward greater consumer protection has been in the area of product warranties. Limited express warranties, liability disclaimers and ambiguous remedy

procedures often have been used by manufacturers and merchants to strip the consumer of all but a bare minimum of protection against defective products. Finding state laws incapable of adequately solving this problem, Congress preempted the field by enacting the Magnuson-Moss Warranty Act.' This Act makes major changes in the law of warranties and places much heavier legal burdens upon manufacturers and other warrantors. This comment will attempt to …

Admiralty Law- Supreme Court Sinks Divided Damages Rule

University of Richmond Law Review

The rule of divided damages in admiralty law, established by the Supreme Court in 1855 in The Schooner Catharinev. Dickinson, requires that if both parties are at fault each must bear one-half of the total dam- ages, regardless of his degree of fault. The rule was developed in response to the harsh common law rule of contributory negligence which allowed no recovery and left the parties to pay their own damages. The divided damages rule was acknowledged by the Supreme Court as valid as late as 1963, and it was not until 1972 that the Court signaled its intention to …

Constitutional Law- Confinement Of Nondangerous Mentally Ill Capable Of Surviving Safely In Freedom Held To Violate Patient's Right To "Liberty"

University of Richmond Law Review

The states have traditionally exercised broad power to commit the mentally ill. Civil commitment of such persons has generally been justified under two premises. First is the concept of parenspatriaewhich justifies the involuntary commitment of the mentally ill for their care and treatment or protection from harm. Second is the state's police power under which it may safeguard the public health, safety, welfare and morals. The substantive and procedural limitations upon this power may vary drastically from state to state. Despite the activity of the states in this area, no constitutional mandate exists requiring a state to provide for the …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1976-1977, University Of Richmond

Law School Catalogues

General Description:

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, …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Critique: A Plaintiff's View, Henry L. Marsh Iii

University of Richmond Law Review

No greater challenge confronts persons seeking to enjoy America's promise of "equality and justice for all" than that of enforcing the clear congressional mandate that all forms of discrimination based on race, religion, nationality and sex be eliminated. It follows then that the continued existence of such discrimination constitutes a great danger to the moral and economic well-being of our nation.

A Guide To The Law Of Fair Employment, Benjamin Werne

University of Richmond Law Review

In the field of civil rights, there are broad, cumulative remedies available to the aggrieved party. The fabric of these remedies is an amalgam of various and varying statutes, judicial holdings, administrative determinations and arbitral awards. The following article attempts a distillation of current law-much of which is further complicated by conflicting decisions.

Critique: A Defendant's View, Robert H. Patterson Jr., J. Robert Brame Iii

University of Richmond Law Review

In ten years, employers have become subject to an imposing body of law regulating employment practices. This law has created two immense problems for the employer. First, enforcement of these laws is frequently capricious, arbitrary and unfair. Second, recent decisions strip the employer of his most reliable methods for selecting skilled, productive workers and threaten the efficiency of American industry.

Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court

University of Richmond Law Review

The Equal Employment Opportunity Act of 1972 (EEOA) extended certain provisions of Title VII of the Civil Rights Act of 1964 to federal employees. One such provision extended is contained in § 717(c) . Under this section a federal employee alleging employment discrimination is granted access to a United States district court in two situations: when administrative relief is not provided within 180 days after the filing of the original complaint; or, upon final action being taken by either the agency involved or the Civil Service Commission.

Civil Rights-Standards For Equitable Relief After A Finding Of Employment Discrimination Are Based On Aims Of Title Vii

University of Richmond Law Review

Title VII of the Civil Rights Act of 1964 grants the federal courts jurisdiction in employment discrimination matters and sanctions orders of affirmative relief where equitable. This relief, usually in the form of back pay and injunctions, may be awarded upon a finding of intentional, discriminatory labor practices. Being equitable remedies, however, the courts have given numerous and conflicting interpretations as to when such affirmative relief should be awarded or denied. The prior history of Albemarle Paper Co. v. Moody typifies the inconsistencies in this area. The case was a class action under Title VII by former and present employees …

Constitutional Law-Criminal Defendant Guaranteed Right To Self-Representation In State Or Federal Courts

University of Richmond Law Review

Sixteenth and early seventeenth century England did not recognize the right to counsel in criminal cases. In fact, ultimate recognition of this right in 1695 was considered a special privilege bestowed at the discretion of the Crown, rather than a logical development of the common law. Under modern English law, the defendant has an absolute right to counsel, but he must also be allowed to conduct his own case as to matters of fact, leaving issues of law to counsel. It remains unclear, however, whether this concept of self-representation was a right at common law or a corollary of the …