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Articles 5581 - 5610 of 6022
Full-Text Articles in Law
The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee
The "Elaborate Interweaving Of Jurisdiction:" Labor And Tax Administration And Enforcement Of Erisa And Beyond, John W. Lee
University of Richmond Law Review
On Labor Day 1974, President Ford signed into law~the Employee Retirement Income Security Act of 1974, commonly known by its acronym ERISA. The genesis of ERISA is found in a study released in 1965 by the President's Committee on Corporate Pension Fund and Other Private Retirement and Welfare Programs, titled "Public Policy and Private Pension Programs-A Report to the President on Private Employee Retirement Plans." The Committee had been established in 1962 by President Kennedy in recognition of the growth of the pension industry and the need for reform. The report made recommendations as to vesting; funding; termination insurance and …
Liability Of The United States For Maritime Torts, Walkley E. Johnson Jr.
Liability Of The United States For Maritime Torts, Walkley E. Johnson Jr.
University of Richmond Law Review
The United States Government owns and operates by far the largest fleet in the Americas. It is a fleet which includes not only the high profile carriers, cruisers and destroyers but a miscellany of tugs, barges, tankers, frigates, car floats and lighters. It includes cargo vessels as well as warships. Thus, the potential for the commission of maritime torts is manifest simply from the number and variety of government vessels at sea. Add the myriad responsibilities exercised by Government agencies such as the United States Coast Guard, and the potential for tortious involvement is enormous.
Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.
Nlrb Investigatory Records: Disclosure Under The Freedom Of Information Act, Louis A. Fuselier, Armin J. Moeller Jr.
University of Richmond Law Review
A fundamental maxim of American political philosophy is the right of each citizen to know what his government is doing. Political leaders have repeatedly assured the American people that government activities are consistent with the ideals of a free and open society. Whatever confidence the American people may have bestowed upon their government as a result of such pronouncements, it was shattered by the revelations of Watergate, and other allegations of illegal activities attributed to several government agencies. Concurrent with these debilitating developments was the less visible bureaucratic obstruction of the Freedom of Information Act of 1966 (FOIA).
Securing A Valid Annexation In Virginia: State And Federal Requirements
Securing A Valid Annexation In Virginia: State And Federal Requirements
University of Richmond Law Review
Municipal expansion by the annexation of surrounding territory involves two separate and distinct procedures in Virginia. Due to the Commonwealth's coverage under the Voting Rights Act of 1965, municipalities seeking annexation must obtain federal approval in addition to satisfying the requirements of state law. Compliance with the Act requires an affirmative showing that the expansion is nondiscriminatory in both its purposes and effects with regard to minority voting strength. Failure to meet these fed- eral requirements will invalidate the annexation, irrespective of its compliance with state law. This note will first examine the law of annexation in Virginia, highlighting its …
Hands Off!! The Validity Of Local Massage Parlor Laws
Hands Off!! The Validity Of Local Massage Parlor Laws
University of Richmond Law Review
Massage parlors are not a recent American phenomenon. They were a pervasive and, to many, a troublesome phenomenon during the "winning of the West."' In 1897, the Supreme Court determined that one advertisement by women inviting men to their "Baths" and "Massage" rooms was too obscene to be printed. In recent years there has been a sudden increase of interest in and concern about massage parlors. This note examines the most prevalent legal problems generated by the regulation of massage parlors: the relationship between the police power and massage parlor establishments, the constitutional concerns of equal protection and substantive due …
Challenging Exclusionary Zoning Practices
Challenging Exclusionary Zoning Practices
University of Richmond Law Review
Municipal zoning ordinances are often used to exclude from a community persons of a lower socio-economic status than the existing residents. Such practices, known collectively as exclusionary zoning, have come under increasing attack as the shortage of decent housing, in the United states becomes more severe.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
Subdivision Exactions: Virginia Constitutional Restrictions, Benjamin J. Trichelo
University of Richmond Law Review
New directions in zoning law have recently been established by the Supreme Court of Virginia. The court has declared unconstitutional an ordinance imposing a temporary building moratorium, another establishing minimum building lot sizes, and one compelling individual developers to first dedicate property in fee to the local government, and to then construct and maintain designated public facilities upon the dedicated land.
Married Women And The Name Game, William C. Matthews Jr.
Married Women And The Name Game, William C. Matthews Jr.
University of Richmond Law Review
The power and force of a name are often underestimated in today's society. For centuries, social and political struggles have often been reflected in struggles over names and the naming process. Names have often been used as a means of insuring allegiance and fealty, as when King John required conquered Welsh insurgents to adopt names identifying them as King John's subjects. In the early 1900's, the resentment against immigrants resulted in strong pleas to prevent them from adopting more common names which disguised their immigrant ancestry. Today, the issue of a married woman's legal name reflects a continuing struggle over …
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
Problems In Defining The Institutional Status Of The Press, Andrew A. Jaxa-Debicki
University of Richmond Law Review
This comment will deal with the concept of freedom of the press within the context of recent Supreme Court rulings which have directly or indirectly involved definitions of the role of the organized press in the governmental framework established by the Constitution. Specifically, the focus will be in the areas of the law dealing with defamation, testimonial privilege and the fair trial-free press controversy. The purpose will be to discern whether the Supreme Court is developing a concept of freedom of the press which is distinguishable from the general guarantee of freedom of speech and which derives its rationale from …
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
Title Vii And 42 U.S.C. § 1981: Two Independent Solutions
University of Richmond Law Review
Two major vehicles for redressing private racial discrimination are Title VII and 42 U.S.C. § 1981. In 1968 the Supreme Court, in Jones v. Alfred H. Mayer Co., ruled that section 1 of the Civil Rights Act of 18662 applied to private acts of discrimination. The plaintiff in Jones sought relief against a private real estate company under 42 U.S.C. § 1982. The Court found that the substance of sections 1981 and 1982 was to be found in its predecessor, section 1 of the Civil Rights Act of 1866, which was intended "to prohibit all racially motivated deprivations of the …
Civil Rights-Sex Discrimination-Employer's Denial Of Disability Benefits Held To Violate Title Vii Of The 1964 Civil Rights Act
University of Richmond Law Review
Prior to 1971 women found little relief in the courts for claims of sex discrimination. The Supreme Court upheld almost all legislation designed for the "protection" of women, predicated on their virtue, their health, or the "well being of [their] race." The first major legislative prohibition of sex discrimination, outside of judicial interpretation of the equal protec- tion clause, is found in Title VII of the 1964 Civil Rights Act. It seems ironic that a provision on sex discrimination, today a frequently litigated issue, was amended to Title VII almost as an afterthought.
Constitutional Law- Civil Rights- Representative Party Need Only Show Sufficient Nexus With Class For Title Vii Class Action To Continue
University of Richmond Law Review
For many years the brunt of racial discrimination was sorely felt in the area of employment. Today, however, an employee or job applicant who desires to redress an alleged racially discriminatory employment practice has two statutory remedies: 42 U.S.C. § 1981, and Title VII of the Civil Rights Act of 1964. Under section 1981, all citizens "have the same right .. . to make and enforce contracts," which necessarily includes the right to contract for employment. It has been established that an action under this section may be brought alleging racial discrimination in employment without demonstrating state action. Title VII …
Criminal Law-Federal System Adopts Specific Parameters For The Constitutional Right To A Speedy Trial
University of Richmond Law Review
The right of every criminal defendant to a speedy trial is deeply entrenched in our legal heritage and is specifically included in the Bill of Rights of the United States Constitution. However, though the guarantee of a speedy trial is quite explicit, the courts generally have been confused as to the precise extent of this right. Indeed, the Supreme Court did not expressly recognize the right as fundamental until 1967, and until 1972 had provided no guidelines for determining whether a defendant had been denied the right to a speedy trial. The Court at that time refused to set specific …
Constitutional Law-First Amendment-Newspaper Advertisement Of Abortion Referral Service Entitled To First Amendment Protection
University of Richmond Law Review
Controversies involving the first amendment rights of freedom of press and speech are not confined to reporters vowing to protect the identities of their sources against government prosecutors or committees attempting to identify them. An area of conflict of equal import is the degree of protection, if any, afforded commercial speech by the Constitution. In 1942, the Supreme Court in Valentine v. Chrestensen enunciated the commercial speech doctrine which has been used, despite subsequent criticism and attempts to limit the holding, to remove commercial adver- tisement from the ambit of constitutional protection.
Constitutional Law-Durational Residency Requirement For Divorce Held Not To Violate Fourteenth Amendment
University of Richmond Law Review
One of the legacies of the Warren era was the development of a strict standard of judicial review in certain cases brought under the equal protection clause of the fourteenth amendment. Once the Court determined that a fundamental interest had been infringed or denied, the new equal protection analysis required that the challenged statute pass a "compelling interest" test, or be found in violation of the fourteenth amendment. Various interests have been recognized as fundamental and afforded special protection by the Court.
Tort Law-Interspousal Immunity-Action For Wrongful Death Against Surviving Spouse Held Maintainable When Such Act Terminates Marriage And Neither Child Nor Grandchild Survives Decedent
University of Richmond Law Review
The doctrine of interspousal immunity, established at early common law, considers husband and wife legally one. Under this view of unity, each spouse is precluded procedurally as well as substantively from suing the other in tort. To ameliorate the harshness of this view, the Married Women's Acts or Emancipation Acts were promulgated beginning in 1844. Although these statutes removed some of the disabilities of coverture from women in all of the fifty states, the majority of the statutes, including Virginia's, did not grant one spouse the right to sue the other for a personal tort. As early as 1888, the …
The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.
The Tax Consequences Of Inter Vivos Charitable Contributions After December 31, 1969 Under Section 170, Olin R. Melchionna Jr.
University of Richmond Law Review
To give and live to give again has always been the American way. Traditionally, Americans contribute to those charitable institutions and associations which effectuate their benevolent, philanthropic desires. Many individuals believe the funding of charitable institutions should be primarily by direct contributions from the private sector as opposed to federal and state government subsidies. This view is supported by the federal income, I gift and estate tax deductions.
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
Has The Burger Court Dealt A Death Blow To The Presumption Of Malice In Virginia?
University of Richmond Law Review
While presumptions and burdens of proof have generally eluded effective analysis, the presumption of malice has almost defied it. Notwithstanding a common law origin and the significance that instructions of the presumption of malice have played in many murder trials in Virginia, the presumption has constantly been under attack. This comment will explore the meaning of the presumption of malice and determine whether Virginia's approach violates the due process clause of the fourteenth amendment in light of the recent Supreme Court decision of Mullaney v. Wilbur.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Discovery Of Expert Information Under The Federal Rules
Discovery Of Expert Information Under The Federal Rules
University of Richmond Law Review
With the adoption of extensive pretrial discovery mechanisms, preparation for trial in the federal system underwent a dramatic alteration. Instead of relying upon pleadings to perform the tasks of notice-giving, issue formulation, and fact-revelation, the various discovery devices available under the Federal Rules of Civil Procedure allow the parties "to obtain the fullest possible knowledge of the issues and facts before trial."' Discovery was created to promote the just, speedy, and inexpensive disposal of litigation. To this end, discovery serves to (1) facilitate the formulation and narrowing of issues; (2) protect against unfair surprise during trial; (3) detect any superflous …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Law Review Volume X.
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
Constitutional Law-Civil Rights-Standard For Relief In Racial Discrimination Cases Requires A Showing Of Discriminatory Intent, T. Keith Fogg
University of Richmond Law Review
When Congress passed Title VII of the Civil Rights Act of 1964, it did not extend the coverage of the Act to public employers. Consequently, the Griggs v. Duke Power Co. decision in 1971 created the anomalous situation that private employers were held to a tougher standard of scrutiny with respect to racial considerations in their hiring procedures under Title VII than were public employers under the Constitution. This curious development in the relationship between public employment and Title VII caused many courts to alter their standards for equal protection violations in the early 1970's. In the realm of public …
The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp
The Family Educational Rights And Privacy Act Two Years Later, Katherine Cudlipp
University of Richmond Law Review
The Family Educational Rights and Privacy Act of 1974, the so called Buckley Amendment, grants parents the right to inspect all records that schools maintain on their children and to challenge any contents they believe are inaccurate or misleading. The Act also requires that parents consent before information from school records is released to those outside specified educational categories. Once a student reaches eighteen years of age or enters a postsecondary educational institution, he assumes these rights in his parents' stead. The penalty for failure of an educational system or institution to comply with the law is loss of all …
Special Purpose Taxation Districts: Coming Or Going?, John E. Juergensmeyer
Special Purpose Taxation Districts: Coming Or Going?, John E. Juergensmeyer
University of Richmond Law Review
Special purpose taxing districts, as an instrument of local government, have been widely criticized and commonly blamed for many of the problems of "urban sprawl." However, despite repeated and extensive criticism, and continual attempts to limit and restrict them, special purpose districts have expanded in number and function.
Knowledge And Politics, And Law In Modern Society- By Roberto Mangabeira Unger, James M. O'Fallon
Knowledge And Politics, And Law In Modern Society- By Roberto Mangabeira Unger, James M. O'Fallon
University of Richmond Law Review
Professor Unger has given us two striking books, which present an ununusual problem for the reviewer. The great run of books, as the great run of thought, falls into established conventions. They are concerned with elucidating aspects of the convention of which they partake, or challenging competing conventions. Reviewer and reader will usually be aware of the general outlines of the convention, leaving the reviewer with the relatively simple tasks of placing the work within the appropriate convention, and making such critical remarks as appear warranted.
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
Constitutional Law- Civil Rights- Private Schools Prohibited From Excluding Qualified Children Solely Because They Are Black, Craig S. Cooley
University of Richmond Law Review
All major school desegregation decisions through 1975 involved "public" schools, and were based on provisions of the fourteenth amendment. This constitutional remedy, however, requires the presence of "state action" before being triggered. Commencing with the Supreme Court's earliest public school desegregation decisions, and accelerating with the finding of affirmative duties of southern school districts to desegregate, private educational institutions following racially exclusionary admittance policies were founded. Such private discrimination generally has been considered to be beyond the scope of the fourteenth amendment. Moreover, parents that patronize such institutions have sought support in Supreme Court cases which confer constitutional protection upon …
Drafting For The Optimum Marital Deduction, J. Rodney Johnson
Drafting For The Optimum Marital Deduction, J. Rodney Johnson
Law Faculty Publications
While the marital deduction provided for by federal estate tax law may not necessarily be the controlling factor in planning the will of a married person, it is certainly one of the most important factors because of the sheer magnitude of this deduction up to 50% of the adjusted gross estate. A direct consequence of this importance is reflected in the fact that the marital deduction has become the most written-about topic in the estate planning area. Most of what has been written about this subject can be divided into the two following categories: ( 1 ) an explanation of …
A Single-Trust Marital Deduction Will, J. Rodney Johnson
A Single-Trust Marital Deduction Will, J. Rodney Johnson
Law Faculty Publications
This article will offer a basic form that can be easily altered to respond to the needs of many clients who have a moderate estate and wish to take advantage of the estate tax marital deduction. For purposes of discussion, it will be assumed that the estate is $250,000 or less and that the client has expressed the following: "I want my wife to have all of the income from my property throughout her life and then the property should pass to my children. In the event that the income from my property is insufficient to meet my wife's needs, …
The Equity Side Of The Exchequer, William Hamilton Bryson
The Equity Side Of The Exchequer, William Hamilton Bryson
Law Faculty Publications
The purpose of this book is to place the equity side of the exchequer into its historical, institutional, and legal perspective. It is to discover its administrative procedures arid to determine how far its judicial procedures in the sixteenth and seventeenth centuries were the same as those of the other courts of equity. It is to produce an outline of the procedures and an introduction to the records of the jurisdiction for those who may wish to work in the same field but to dig deeper.