Law Commons^™

Antitrust Law-Bar Associations' Minimum Fee Schedules Held Not To Violate The Sherman Antitrust Act

University of Richmond Law Review

The Sherman Antitrust Act attempted to eliminate all price fixing and to establish free competition as the cornerstone of this nation's economic policy. Nevertheless, Congress soon excluded farm and labor organizations from the Act's operation, and judicially created exclusions were established, such as the state action exemption and the learned profession exemption. Today antitrust exemptions are numerous6 and involve a considerable portion of the economy.

Criminal Law-Evidence--Confession To Polygraph Operator Prior To Actual Test Held Admissible

University of Richmond Law Review

Rules of evidence governing the admissibility of confessions have devel- oped gradually throughout the history of Anglo-American jurisprudence. Initially any confession was admissible regardless of the methods by which it was obtained. The basic consideration was that the evidence admitted be truthful and reliable. To protect the integrity of judicial proceedings, safeguards were later developed to insure the reliability of confessions by a determination of the voluntariness with which they were given. Courts have struggled with the problem of formulating a workable definition of voluntariness and have not yet developed a uniform substantive test.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Land Use Law In Virginia

University of Richmond Law Review

In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …

Zoning Laws: The Private Citizen As An Enforcement Officer, Frank Eugene Brown Jr.

University of Richmond Law Review

At first blush this would appear a reactionary, unthinkable concept, an invitation to chaos. A legislator in Virginia who proposed such a change might well be shuttled home for a "much needed rest." Yet, this idea does have its outspoken proponents who are well recognized in the field of land use. One of the more notable is Mr. Bernard H. Siegan, who has expressed the opinion that urban planning can often be best served by eliminating zoning laws and permitting the market to totally dictate the course of development in a particular area. Mr. Siegan holds strongly to the view …

University Of Richmond Law Review Index

University of Richmond Law Review

Law Review Index for the 1974-1975 Issue.

A Practitioner's Guide To The Federal Rules Of Evidence

University of Richmond Law Review

On July 1, 1975, the Federal Rules of Evidence went into effect. President Ford's signature on Public Law 93-595 was the culmination of nearly twenty years of study, drafting, and debate. Obviously the decision to codify federal evidence law was not lightly made, but the desire for uniformity ultimately made the Rules possible. As with all major legislation, compromise was necessary and certain areas of the law were left untouched. Criminal presumptions represent one such area. In other areas, such as privilege, only minimal codification was possible. The final result is a good set of rules, but one which might …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Constitutional Law-Criminal Law-Criminal Prosecution Subsequent To Juvenile Court Adjudicatory Hearing Constitutes Double Jeopardy

University of Richmond Law Review

In the late nineteenth century, the juvenile court system was established in this country to deal with youths who had committed criminal offenses, were likely to do so, or were otherwise in need of state supervision. Contrary to the criminal system, the juvenile courts began with articulated goals of treatment and rehabilitation. In theory, the state, acting through the juvenile system and under the doctrine of parens patriae, would shield the juvenile from the harsh reality of the criminal courts by placing him within a paternalistic judicial framework with a vast spectrum of remedies and a minimum of procedural formalities.

School Desegregation In Richmond: A Case History, Gary C. Leedes, James M. O'Fallon

University of Richmond Law Review

The story of judicially administered school desegregation in Richmond is the story of Bradley v. School Board of the City of Richmond. It began modestly with a district court decree which granted the individual claims of ten named plaintiffs but denied injunctive relief to the class. Eleven years later it approached landmark status, with a district court decree directing consolidation of the Richmond schools with those of surrounding Henrico and Chesterfield counties. However, the landmark was not to be. The Fourth Circuit reversed the district court's decree, and an evenly divided Supreme Court affirmed by default. Richmond was left in …

Preferential Land Assessment In Virginia, Eric E. Adamson

University of Richmond Law Review

The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.

The Virginia Magistrate System, Ronald J. Bacigal

Law Faculty Publications

In Colonial Virginia the Justice of the Peace was in many respects the local governing authority. His powers ranged from the trial of criminal cases to the supervision of the building of warehouses and courthouses; the licensing of ferries; and the regulation of the legal and medical professions.

The powers of the Justice of the Peace gradually dwindled in favor of the courts and other local officials, until the Justice of the Peace system was finally abolished in 1974, and replaced with the Magistrate system.

The present day magistrate performs many purely clerical functions, but he also retains important judicial …

Notice In Juvenile Delinquency Proceedings, Adrienne Volenik

Law Faculty Publications

Despite these suggestions, the problem of what constitutes adequate notice continues to plague juvenile courts. Furthermore, by suggesting two criminal and two civil cases as examples, the Court added the issue of whether a civil or a criminal standard for notice should be applied. Courts that have addressed this issue have reached different conclusions.

Simplifying The Martial Deduction Will, J. Rodney Johnson

Law Faculty Publications

One of the basic tenets of estate planning declares that there is no such thing as a typical estate and therefore there can be no such thing as a typical estate plan. Emphasis is placed on the unique character of each case and the positive need to tailor the plan to fit the client's total situation. Accepting the validity of the foregoing, however, does not mean that one must start from scratch in each case. Instead, the attorney who is trying to pare repetitious work to a safe minimum might develop a solution to the problem by having a series …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1974-1975, 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, …

Tort Law- Pennsylvania Abrogates Governmental Immunity, But Refuses To Abolish Sovereign Immunity

University of Richmond Law Review

The fear of judicial legislation' frequently has restrained courts from abrogating the doctrines of sovereign and governmental immunities. While often denounced as "anachronism[s] without rational basis," and as "obsolete vestige[s] of the distant past," the doctrines of governmental and sovereign immunity still remain sacrosanct in a number of jurisdictions. Slightly less than half the jurisdictions have judicially abolished these doctrines. One of the more recurring reasons for the slow demise of these doctrines is the repeated deference of courts to the legislature in this area, either because the immunity is supposedly constitutionally mandated' or because the immunity is so entrenched …

Studien Zur Europaischen Rechtsgeschichte, William Hamilton Bryson

Law Faculty Publications

Notice of Studien zur europaischen Rechtsgeschichte

Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch

Law Faculty Publications

An analysis on a worker's compensation case decided by the Supreme Court of Florida.

Constitutional Law- Prejudgment Self-Help Repossession Of Secured Property Held Not To Violate Due Process

University of Richmond Law Review

The fourteenth amendment to the United States Constitution guarantees that no state shall deprive any person of property without due process of law. Whenever a state is directly involved in the prejudgment repossession of secured property, the debtor's due process rights are clearly violated. But creditors have awaited judicial determinations defining state involvement. The states Uniform Commercial Code statutes allow private repossessions of secured property without giving the defaulting debtor prior notice or the opportunity for a hearing. There is disagreement over whether such explicit authorization by state statutes constitutes sufficient state involvement to be in violation of the fourteenth …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Animal Cruelty Laws: The Case For Reform, Charles E. Friend

University of Richmond Law Review

If, as Justice Arnold suggests in the foregoing quotation, our animal protection laws are indicative of the level to which "the justice and benevolence of men" has risen, then truly the human race is in sad shape. An examination of the history of the subject clearly reveals that man's inhumanity to man is exceeded only by man's inhumanity to animals. The popular image of animal existence fostered by innumerable Walt Disney movies and a plethora of children's books is so far removed from reality that it borders on the fraudulent. The fact is that neglect, torture and destruction of helpless …

A Note On Robinson's Brief Collection Of ... Courts Of Records, William Hamilton Bryson

Law Faculty Publications

IN 1953 R. L. Rickard edited for the Camden Miscellany a short tract by Richard Robinson which describes briefly the various English courts of law as they were at the end of the sixteenth century: 'A Briefe Collection of the Queenes Majesties Most High and Most Honourable Courtes of Recordes.' In addition to the three manuscript copies which Rickard mentioned in his preface, fourteen others have recently been identified of which he appears to have been unaware. Since one of these is more complete and several are more interesting than the copy which was edited, a short note is required …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Busing To Desegregate Schools: The Perspective From Congress, Hugh Scott

University of Richmond Law Review

The controversy over transporting pupils to desegregate schools or "busing" as the issue popularly is known, is the narrowest and perhaps most limited aspect of school desegregation. Yet, it threatens to undo school desegregation completely unless the issue is re- solved in a way which will permit continued desegregation of schools accompanied by the understanding and support of the majority of people of all races.

Regulation Of Television Program Content By The Federal Communications Commission, Walter H. Sweeney

University of Richmond Law Review

On Thursday, September 20, 1973, from 9:00 p.m. to 11:15 p.m., the Columbia Broadcasting System presented "Bonnie and Clyde," a film featuring extraordinary portrayals of violence, including close-ups of participants being shot in the face. This movie was scheduled by CBS to counteract the highly publicized tennis match between Bobby Riggs and Billie Jean King being shown by the American Broadcasting Company. The following Saturday, during prime time, ABC aired "Rosemary's Baby," a horror film involving the possession of a pregnant woman by Mephistopheles leading to the birth of a devil. This program followed the children-oriented "Patridge Family" show. While …

Solomon's Sword: Adjudication Of Child Custody Questions, Robert E. Shepherd Jr.

University of Richmond Law Review

It is significant that this story from the reign of King Solomon in the tenth century B.C. uses as its setting a battle over child custody to illustrate the legendary "wisdom of Solomon."' It is equally meaningful that after the passage of some three thousand years of civilization and supposed social progress, a twentieth century Amer- ican judge could remark that "a judge agonizes more about reaching the right result in a contested custody issue than about any other type decision he renders." And this agony intrudes into an ever-increasing number of cases.

A Contractual Analysis Of The Military Enlistment, Neil J. Dilloff

University of Richmond Law Review

Since July 1, 1973, this nation has had what is termed an "all-volunteer military." As a result, the primary means available for an individual to enter military service has become the enlistment contract. This article will explore whether or not this type of agreement is, in fact, a contract. We shall analyze what documents or acts are necessary to comprise this agreement between a volunteer and the United States; whether a military enlistment agreement satisfies the traditional contractual elements, such as mutual assent, consideration, and capacity to contract; what is the effect of conditions stated in the contract; and, finally, …

Constitutional Law- Hatch Act- Time For Reevaluation?

University of Richmond Law Review

The initial attempt at restricting the political activities of federal em- ployees appears to have been the establishment of the U. S. Civil Service Commission. When the Commission failed as a strong enough deterrent to political activity, an amendment of § 1 of Civil Service Rule I was approved to tighten the reigns on members of the competitive classified service. Finally, in the wake of the political campaigns of 1936 and 1938, the Hatch Political Activity Act was introduced as a prohibition against participation by federal government employees in political management or campaigning.

Tax Reform And The Voluntary Support Of Higher Education, Sheldon Elliot Steinbach

University of Richmond Law Review

Since colonial times voluntary support has been a major factor in the financing of American higher education. It is estimated by the Council for Financial Aid to Education that the total voluntary support of institutions of higher education in 1971-72 was slightly over $2 billion. This represents an increase of $160 million or 8.6% over the $1.8 billion received in 1970-71.2 Private philanthropy is not limited to private colleges but is increasingly being extended to state-controlled institutions so that in 1971-72 such state-controlled institutions received over 21% of the total voluntary support to higher education. The financial plight of colleges …

Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act

University of Richmond Law Review

The past two decades have evidenced a growing criticism and intolerance of "closed sessions" or "secret meetings" in the operation of government. As a result of this increased disapproval, most states enacted some form of "open meeting" legislation designed to give the public a legal right to attend meetings of state and local governing bodies. The purpose of these statutes has been to maintain the faith of the public in governmental agencies by allowing citizen attendance and participation in all phases of the decision making process. Citizens must be able to go behind the decisions of government and hear discussion …