Law Commons^™

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.

Bankruptcy Lien Invalidation: Role Of Recordation, David G. Epstein

Law Faculty Publications

Congress is currently considering new bankruptcy legislation. To date, its focus has been on two bills, one prepared by the National Commission on Bankruptcy Laws, the other by the National Conference of Bankruptcy Judges. Both bills call for substantial changes in present bankruptcy practices. Affirmative action on some combination of the two now seems likely. It appears that Congress soon will, for the first time in 77 years, comprehensively revise bankruptcy law. Accordingly, this is an appropriate time to examine closely basic bankruptcy concepts and policies. This article will deal with one very specific topic: the effect of recordation on …

Expungement Of Arrest Records, Adrienne Volenik

Law Faculty Publications

Contrary to the philosophy of the juvenile court, it is undoubtedly a rare occasion when a child benefits from his exposure to the juvenile court system. Even when a child is actually rehabilitated by the process, the invidious effects that flow from being labeled a "juvenile delinquent" may serve to negate any benefit that he may have received. Perhaps the most unjustifiable of all side effects is the stigma that attaches to a child who has been arrested and subsequently either released without prosecution or acquitted. In a society that espouses the idea that an individual is innocent until proven …

Revision Of Virginia's Criminal Code

University of Richmond Law Review

On October 1, 1975 the criminal justice system of the Commonwealth of Virginia began to operate under revised codes of criminal law and procedure. Enacted during the last legislative session, Titles 18.2 and 19.2 contain an impressive array of new laws with which judges, lawyers, and law enforcement officers should quickly become familiar. In many instances, these new laws go far beyond recodification of existing laws. Several represent substantive changes which are quite controversial and remain hotly debated since the close of the legislative session.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1975-1976, 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, …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Thoughts On Rodriguez: Mr. Justice Powell And The Demise Of Equal Protection Analysis In The Supreme Court, Larry W. Yackle

University of Richmond Law Review

Continuity with the Warren Court jurisprudence is not a duty but only a necessity. The necessity is not to follow precedent blindly, but to explain the reasons for departure from it and to justify, again by reason rather than personal predilection, the results reached in every case.

Constitutional Law-Double Jeopardy-Misdemeanor Conviction At Preliminary Hearing Held A Bar Ta Subsequent Felony Prosecution Upon Double Jeopardy Principlus

University of Richmond Law Review

The Virginia Constitution provides: "That in criminal prosecutions a man . . . shall not . . . be put twice in jeopardy for the same offense." This prohibition against double jeopardy is also embodied in the United States Constitution, as well as having been established at common law. However, what constitutes the same offense has proven to be a source of difficulty when applied to a particular case.

Constitutional Law-Due Process-Ex Parte Seizure Of Secured Property Under Judicial Supervision Held Not To Violate Due Process

University of Richmond Law Review

Summary creditor remedies have come under increasing attack in recent years. The major question has been whether prejudgment seizures of secured property comport with procedural due process. The United States Supreme Court, in Fuentes v. Shevin, had apparently settled the question by holding that procedural due process requires notice to the debtor and an opportunity to be heard before a state authorizes its agents to seize property from him on the application of another.

Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings

University of Richmond Law Review

Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …

Constitutional Law-Equal Protection-Reimbursement Of Appointed Counsel Fees As A Condition Of Probation Held Not Violative Of The Equal Protection Clause

University of Richmond Law Review

Every defendant facing criminal prosecution that may result in imprisonment is guaranteed the right to counsel. The Supreme Court has required appointed counsel for indigents in widening classes of cases and at different stages of prosecution. This trend has increased the burden on public revenues, and many states, in an effort to recover some of the costs, have enacted recoupment statutes. Several state courts have expressed unfavorable opinions as to the constitutionality of these statutes. The first Supreme Court decision to focus on a state recoupment statute struck it down as violative of the equal protection clause.

Constitutional Law-Equal Protection-Federal Court Cannot Order Multi-School District Remedy For Single District De Jure Segregation Absent An Interdistrict Violation

University of Richmond Law Review

The landmark decision of Brown v. Board of Education held that the equal protection clause of the fourteenth amendment prohibited a state from maintaining racially segregated public schools. After years of attempted but ineffective implementation of the mandate of Brown I, the Supreme Court attacked the issue with vigor in the late 1960's. State and local authorities-were placed under an affirmative duty to convert to a unitary school system which promised to work immediately towards the elimination of the discrimination inherent in state compelled dual school systems.

Family Law-Putative Father Denied Custody Under Restrictive Interpretation Of His Rights

University of Richmond Law Review

Under the common law, the illegitimate child was deemed nullius filius, no man's son. However, our courts have gradually granted the illegitimate substantially the same rights as those afforded the legitimate child. Unlike the child, the putative father, who originally was free from any obligation to his offspring, has encountered the same duties as the father of a legitimate child notwithstanding the fact that he is afforded few of the parental rights.

Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue

University of Richmond Law Review

In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.

Recent Legislation- Tort Law

University of Richmond Law Review

This is a summary of the recent legislation from 1975.

Proposed Legislation- Criminal Law-Proposed Revisions Of Title 18.1- Designation Of Punishment And Capital Punishment (Senate Bill No. 56)

University of Richmond Law Review

The Virginia General Assembly, during a Special Session in 1971, directed the Virginia Code Commission to revise Title 18.1, Crimes and Offenses Generally, of the Code of Virginia. Senate Bill No. 562 was adopted in essentially the same form as the Code Commission's revisions, however, due to the lack of time, the bill was carried over until the next session. This article will analyze several areas contained in Senate Bill No. 56: Designation of Punishment and Capital Punishment.

Book Review- The Appearance Of Justice, Serving Justice, William K. Slate Ii, W. Gibson Harris

University of Richmond Law Review

These are book review from the 1975 Law Review.

Mandatory Dedication Of Public Sites As A Condition In The Subdivision Process In Virginia, Robert L. Dolbeare

University of Richmond Law Review

The growth pressure on the suburban and rural counties in Virginia in the seventies should be as great as that experienced by counties in the Boston to Washington corridor in the sixties. This urban corridor is working its way south.

Corporate Conflicts Of Interest Under The Virginia Stock Corporation Act, Stephen R. Larson

University of Richmond Law Review

Dealings between a corporation and its officers or directors present a perennial corporate law problem. Officers and directors are often the people most interested in the success of the corporation and they accordingly may well be willing to contract with their corporation on terms far more favorable to it than are otherwise available. On the other hand, these same people are often in a position to cause the corporation to enter into contracts which are highly advantageous to the officer or director involved, but which are grossly unfair and detrimental to the corporation itself.

Constitutional Law-Civil Rights-Absent State Involvement, Right Of Association Not Protected By 42 Usc § 1985(3)

University of Richmond Law Review

42 U.S.C. § 1985(3) was enacted' to curtail the Ku Klux Klan's terrorist activities in the South by prohibiting conspiracies to deprive any person "of the equal protection of the laws, or of equal privileges and immunities under the laws. . . ." From its inception, the major controversy has concerned whether the statute requires an element of state action. The first judicial statement construed the statute as reaching only conspiracies carried out under color of state law. Twenty years later, a unanimous Supreme Court found the statute to "fully encompass the conduct of private persons" attempting to deprive an …

Constitutional Law-Termination Of Utility Services For Nonpayment Of Bill Without A Hearing Does Not Violate Due Process Clause Of Fourteenth Amendment

University of Richmond Law Review

Present governmental regulation of public utilities can be traced back to early English common law which imposed duties and obligations upon those who performed vital public services. Two theories justified the imposition of these controls. The first focused on the monopoly status of the regulated business, while the second relied on the "public calling" aspect of the enterprise. Today under the judicial power almost every state has a public utility commission which imposes a wide range of controls over the production and delivery of utility services. This can have far-reaching consequences because the due process clause of the fourteenth amendment …

Evidence-Defendant's Confession Following Confrontation With Illegally Seized Evidence Not Excluded Where Independent Motive Induced The Confession

University of Richmond Law Review

The "fruit of the poisonous tree" doctrine is a refinement of the exclusionary rule of evidence. This rule prevents the admission of secondary evidence (the fruit) discovered or derived from evidence obtained in an unlawful search (the poisonous tree). In this area of search and seizure, courts have excluded confessions made after the accused has been confronted with illegally seized evidence, once it was shown that the confes- sion was caused or induced by the confrontation.

Federal Jurisdiction-Incidental Use Of Facilities In Interstate Commerce Held Sufficient To Invoke Travel Act

University of Richmond Law Review

18 U.S.C. § 1952, commonly known as the Travel Act, prohibits travel or the use of facilities in interstate commerce in aid of racketeering. An examination of the statute's history shows that it was passed to enable federal prosecution of those who remained immune from state prosecution by residing outside the state wherein the illegality transpired. However, the Act's scope is not limited to this target, and prosecution is permitted for the same offense under applicable state law. The statute, which has withstood several constitutional attacks,' was designed to assist the states in controlling criminality crossing state boundaries.

Federal Regulation Of Home Closings- The Real Estate Settlement Procedures Act Of 1974, Edward S. Hirschler

University of Richmond Law Review

Many years ago, the licensing of lawyers in Virginia was the direct obligation of the Supreme Court of Appeals. As part of the procedure, the applicant presented himself to the Court for examination. One hopeful was unable to define a tort, could not give the basic requirements of a contract and had no idea of what was meant by fee simple.

Virginia Law Of Interest And Usury, John W. Edmonds Iii

University of Richmond Law Review

The concept of a limitation upon the charges that may be imposed for the hire of money is hardly modem. Although it may not be the oldest usury law, a reference to Deuteronomy should suffice: "Unto a stranger thou mayest lend upon usury; but unto thy brother thou shall not lend upon usury."

Civil Rights-Corporate Directors Held Personally Liable For Intentional Racial Discrimination Despite Due Diligence To Know The Law

University of Richmond Law Review

In 1968, the Supreme Court resurrected section 1 of the Civil Rights Act of 1866 [now 42 U.S.C. §§ 19812 and 19823 (1970)] and held that section 1982 prohibits private as well as public racial discrimination in the sale or rental of property. The question of whether damages are recoverable for violations of section 1982 was then left undecided but was subsequently answered in the affirmative. A similar cause of action has been recognized under section 1981 to compensate for private racial discrimination in the formulation and enforcement of contracts. The issue presented in Tillman v. Wheaton-Haven Recreation Association was …

The Emergency Exception To The Fourth Amendment, Ronald J. Bacigal

University of Richmond Law Review

Although an emergency or exigent circumstance is frequently cited as one justification for a search without a warrant,' "the contours of this exception have not developed and. . . [the Supreme Court] .. .has never pinned it down to a workable and effective meaning. Some of the ambiguity surrounding the emergency exception is attributable to the use of the single term "emergency" to embody several distinct concepts. An emergency can be defined broadly as the basic justification for all warrantless searches, or it may refer to a single type of warrantless search separate and distinct from other recognized warrantless searches. …

Yes Virginia-There Is A Torrens Act

University of Richmond Law Review

The Torrens law is perhaps the most advantageous yet most infrequently used method of land conveyancing in the United States. This unique system of land registration is the present terminus in the long and ancient history of land conveyancing. Inthe earliest period of land transfers, the method of proving ownership was by actual occupancy. As society became more complex and the need for some formal ratification of owner- ship increased, the ceremony of livery of seisin became the prevalent method of conveying title to land. Later, as the number of land transfers proliferated, a written instrument detailing the history of …

State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin

University of Richmond Law Review

Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …

Constitutional Law-Equal Protection-Failure To Appoint Counsel On Discretionary Appeals Held Not Violative Of Fourteenth Amendment

University of Richmond Law Review

An indigent defendant in a state criminal prosecution is guaranteed the right to appointed counsel. The boundaries of this right, however, have yet to be fully developed. For instance, the right to counsel on appeal has developed in stages. Initially, the indigent criminal defendant successfully attacked state statutes establishing filing fees or other financial prerequisites which denied him access to the appellate level. Soon the Supreme Court clarified its position on such discriminatory statutes by specifically extending the right to proceed in forma pauperisto discretionary appeals. The indigent attempted to extend the Court's reasoning in the filing fee cases to …