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Articles 5671 - 5700 of 6022
Full-Text Articles in Law
Constitutional Law- Freedom Of Speech- Withdrawal Of Funds From College Newspaper Advocating Segregationist Policy Deemed Violative Of First And Fourteenth Amendment
University of Richmond Law Review
Modern courts have consistently held that the rights of free speech and press provided for in the first amendment are fundamental rights protected by the due process clause of the fourteenth amendment from abridgment by the states. Student expression has been the target of much recent litigation and has prompted increased Supreme Court concern over constitutional aspects of public school administration. The central controversy has developed into a question of how much freedom should be given to a generation that delights in exploring the "limits of institutional response." One of the most piercing probes has been the campus newspaper which …
Right To Privacy- Direct Injury Must Be Shown Before A Court May Grant Relief From General Governmental Surveillance
University of Richmond Law Review
The right of privacy is an aggregate of many separate rights, each of which is guaranteed in the Bill of Rights. Although the right of privacy was not recognized per se at common law, today it is acknowledged by a majority of jurisdictions as a separate actionable legal right.
Constitutional Law- Obscenity Redefined
Constitutional Law- Obscenity Redefined
University of Richmond Law Review
When Sir Charles Sidlye exhibited himself nude on a balcony in 1663, he undoubtedly did not know his eccentric conduct would foreshadow what has become one of the most troublesome areas of constitutional law. The failure of the Supreme Court to provide clear constitutional guidelines for anti-obscenity legislation has occasioned confusion among state and federal authorities, has precipitated a flood of litigation burdening the Court with the task of reviewing a mass of sexually explicit materials to determine what is and is not obscene, and has engendered widespread criticism of the Court's policy in this area of law.
Legal Education In Perspective, Lewis F. Powell Jr.
Legal Education In Perspective, Lewis F. Powell Jr.
University of Richmond Law Review
Perhaps the role of any law school can best be viewed in relation to law schools and legal education in general. Despite the discreditable conduct of a few lawyers, our profession has never before been as attractive to bright young people. We are all generally aware of the "explosion" in law school applications. There are 151 American Bar Association approved schools with a total enrollment for the 1973 term of 106,100. This is nearly double the enrollment of ten years ago.' Both total enrollment and first year enrollment have increased in each of the past ten years, except for a …
Teacher Malpractice, Richard S. Vacca
Teacher Malpractice, Richard S. Vacca
University of Richmond Law Review
Over the years, many classroom teachers in public schools have assumed'that as employees of local school boards, they were not subject to tort liability for injuries suffered by their students. Only those teachers who have found themselves a party to litigation involving an injured student ever fully recognized just how legally vulnerable teachers are to such actions.
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
Survey Of The Virginia Law Of Landlord And Tenant, J. Rodney Johnson
University of Richmond Law Review
No aspect of the law of real property affects more people as pervasively as the law of landlord and tenant. A recent study undertaken by the Virginia Housing Study Commission showed that almost fifty percent of the Commonwealth's population are tenants.
Juvenile Law- Double Jeopardy
University of Richmond Law Review
Both the United States Constitution' and the Constitution of Virginia recognize the right of an individual to be protected against successive prosecutions for the same crime. While the concept of double jeopardy is rooted in the English common law and early case law of the United States, it has been predominant in the criminal law, and has gained little acceptance in the area of juvenile law, which has been regarded as a civil proceeding.
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
Search And Seizure- Permissible Scope Of A Search Incident To A Valid Custodial Arrest
University of Richmond Law Review
While the fourth amendment does not make a warrant mandatory for all searches, it does require that all searches meet the test of reasonableness. The search incident to a lawful arrest is one of the well-established exceptions to the warrant requirement. The incidental search doctrine and the exclusionary rule were first discussed by the United States Supreme Court in Weeks v. United States. The Supreme Court's failure to enunciate definitive standards in defining the permissible scope of a search incident to an arrest has created numerous problems for the courts and police. The limitations on the permissible scope of a …
Torts- State Tort Immunity Extended To Administrators And Intern Of State Supported Hospital
Torts- State Tort Immunity Extended To Administrators And Intern Of State Supported Hospital
University of Richmond Law Review
The doctrine of sovereign immunity as developed in England and adopted in the United States has its roots in feudalism. While it is not clear how this monarchistic doctrine came to be adopted in the new and belligerently democratic republic of America, it has become firmly entrenched in our jurisprudential system. Sovereign immunity as applied to tort actions means that the state, in consequence of its sovereignty, is immune from liability for negligence, except where it has expressly waived immunity by legislative enactment or judicial decision. While the Federal Tort Claims Act waives federal tort immunity in certain situations, the …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is an index for Vol. 8 of the Law Review.
Ancient Simplicity Is Gone- Procedural Aspects Of Relief From Taxes Administered By The Virginia Department Of Taxation, Lee F. Davis Jr.
Ancient Simplicity Is Gone- Procedural Aspects Of Relief From Taxes Administered By The Virginia Department Of Taxation, Lee F. Davis Jr.
University of Richmond Law Review
The Virginia Supreme Court has referred to "the convenience, elasticity and fairness" of the Virginia procedure for the correction of erroneous assessments of taxes. Few would add "clarity" to this description, yet the statutory remedies, however complicated, are usually the only source of relief for the taxpayer.
Condominiums In Virginia- The Condominium Act Of 1974
Condominiums In Virginia- The Condominium Act Of 1974
University of Richmond Law Review
The condominium is one of the fastest growing forms of housing in the United States. As a legal concept, the condominium involves "separate ownership of individual units in a multi-unit project," along with an undivided interest in common areas owned by members of the project. Unit owners, while owning their units separately, are responsible for expenses relative to the management and maintenance of the project.
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
Sex Discrimination In Employment: What Has Title Vii Accomplished For The Female?
University of Richmond Law Review
The legislative intent of Title VII of the 1964 Civil Rights Act was to eradicate all forms of discriminatory employment practices based upon race, religion, national origin or sex. While the initial success of accomplishing this goal fell short of what was expected, important strides in recent years have reversed earlier disappointments.
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
Workmen's Compensation: Third Party Action Against A Virginia Employer In Tort
University of Richmond Law Review
The purpose of the Virginia Workmen's Compensation Act is to provide compensation to an employee disabled by an accident arising out of and in the course of his employment. Under the Act, both the employer and employee gain and lose certain advantages. In exchange for his tort cause of action, the employee gets the benefit of certain recovery without the expense and delay normally attached to personal injury actions. The employer is no longer liable in a negligence action with its prospect of a sizeable jury award, but he loses the benefit of the fellow-servant rule and the defense of …
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
University of Richmond Law Review
The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
Civil Rights-No State Action Necessary To Prohibit Racial Discrimination By "Private" School
University of Richmond Law Review
Until recently, 42 U.S.C. §§ 1981 and 1982 were virtually useless as instruments with which to combat purely private racial discrimination. Certainly, one of the principal reasons behind this was the Supreme Court's decision in the Civil Rights Cases wherein the Court restrictively applied the thirteenth amendment, under which the Civil Rights Act of 1866 was enacted. However, in 1968, the Supreme Court ruled that the intention of Congress in enacting the Civil Rights Act of 1866 was to prohibit private racial discrimination as well as racial discrimination under color of law, and thereby vastly broadened the scope of the …
Constitutional Law- Commercial Speech Doctrine: Ordinance Prohibiting Newspaper From Printing Sex-Designated Employment Advertising Held Constitutional
University of Richmond Law Review
Newspapers generally provide sex-designated sections for help wanted advertisements, and only in recent years has the law focused its attention upon the practice. Federal law prohibits the use of these designated sections where sex is not a bona fide occupational qualification. While the courts have upheld the civil prosecution of employers under this law, they have found newspapers to be specifically exempt from its application, a conclusion supported by legislative history.
Entrapment- The Supreme Court Reaffirms The Subjective Test Of Entrapment As A Defense To Violation Of Federal Law
University of Richmond Law Review
The ever increasing rise in so-called victimless crimes has been accompanied by a corresponding increase in the use of undercover work by law enforcement officials. The techniques which are sometimes employed by these officials, at best make for highly efficient police work, but at worst clearly give rise to the defense of entrapment. In spite of this increase of potential entrapment cases, no major case involving the defense of entrapment has been decided by the United States Supreme Court in the last fifteen years, and because of the lack of a "cohesive theoretical basis" for the defense, the circuit courts …
Federal Civil Procedure- Work Product Doctrine
Federal Civil Procedure- Work Product Doctrine
University of Richmond Law Review
The work product doctrine protects from pretrial discovery witness statements and other documents gathered by an adversary's counsel in the course of preparation for possible litigation. The purpose of the work product doctrine is to preserve the privacy and independence of lawyers by denying unwarranted intrusions into their private files and mental processes. Prior to the 1970 amendments to the Federal Rules of Civil Procedure, courts applied two distinct tests when considering whether to allow pretrial discovery of documents and witness statements. One test required the party seeking discovery to show good cause why discovery should be allowed. The alternative …
Real Property- The Rule Against Perpetuities- Option Contract Held Void Due To Violation Of The Common Law Rule
University of Richmond Law Review
The Rule against Perpetuities as originally developed in England and crystalized over two centuries is still alive and thriving in the Commonwealth of Virginia as evidenced by the recent supreme court case of United Virginia Bank v. Union Oil. While a number of states have enacted legislation or judicially adopted ways and means to avoid the harsh results often dictated by the common law rule, it appears that Virginia may be defending a rearguard position which may not be functional in terms of today's commercial world.
Constitutional Law- Mandatory Maternity Leave For Public School Teachers Does Not Violate Equal Protection Clause
University of Richmond Law Review
The fourteenth amendment permits states to enact laws affecting some groups or citizens differently from others unless the group or citizen classification is for reasons wholly irrelevant to the objective sought by the state in enacting the regulation. In the context of sex discrimination, the United States Supreme Court only recently found a classification based on sex to be in violation of the equal protection clause. The Court's decision represents the beginning of a judicial assault on sex discrimination, conforming to modern social trends in this area.
Constitutional Law- Rebuttable Statutory Presumption Of Student Non-Residency Held Violative Of Due Process Clause Of Fourteenth Amendment
University of Richmond Law Review
In the past the durational residence requirement has been subject to constitutional challenge under the equal protection clause of the fourteenth amendment. When coupled with an irrebuttable statutory presumption of non-residency as in Vlandis v. Kline, the durational residence requirement displays a further fourteenth amendment vulnerability-the contravention of procedural due process.
Tort Law- Emotional Disturbances And Resulting Physical Injuries Occasioned By Negligence
Tort Law- Emotional Disturbances And Resulting Physical Injuries Occasioned By Negligence
University of Richmond Law Review
The early decisions involving negligently inflicted emotional distress and resulting physical injuries generally held that a contemporaneous physical impact was a prerequisite to a right of recovery. This requirement, commonly referred to as the "impact rule," has today been rejected or abrogated in most American jurisdictions. The status of this rule in Virginia has been unclear since the decision of Bowles v. May because of conflicting interpretations
Search And Seizure- Knowledge Of Fourth Amendment Rights Not A Prerequisite To A Valid Consent Search
University of Richmond Law Review
The fourth amendment to the United States Constitution, applicable to the states through the fourteenth amendment, guarantees to every citizen the indefeasible right to be secure against unreasonable searches and seizures. As a response to a long history of English colonial abuses, the fourth amendment was intended by the drafters of the Bill of Rights to be a safeguard against governmental misuse of the writs of assistance' and the general warrant. The Supreme Court has broadly interpreted the constitutional mandate of the fourth amendment as proscribing all searches and seizures which do not comply with its stringent provisions. However, certain …
The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.
The General Assembly And Local Government: Legislating A Constitution 1969-1970, Jack Spain Jr.
University of Richmond Law Review
Counties, cities, towns, sanitary districts and authorities-these are the building blocks of the Commonwealth of Virginia. The operations of these units directly affect the day-to-day activities of every Virginian. The Virginia Constitutional Revision Commission (the Commission), in proposing its recommended changes to the Virginia Constitution of 1902, therefore, considered the area of local government most carefully. Its recommendations contained in Article VII of the proposed Revised Constitution of 1971, set forth in the Commission's Report. When the proposed Constitution was considered by the General Assembly in the special session of 1969 before its final adoption by the General Assembly and …
Federal Civil Procedure- Class Actions- Multiple Plaintiffs With Separate And Distinct Claims Must Each Satisfy The Jurisdictional Amount
University of Richmond Law Review
The genesis of the modern class action, the bill of peace, was developed by the Court of Chancery to facilitate the adjudication of disputes involving common questions and multiple parties in a single suit. In the United States, before 1938, class actions were available in the federal court for equitable relief when the action involved members of a class so large that it was impractical to join them. However, the 1938 adoption of original Rule 23 made the class action available for legal as well as equitable relief.
The Burger Court: Discord In Search And Seizure, Robert S. Irons
The Burger Court: Discord In Search And Seizure, Robert S. Irons
University of Richmond Law Review
The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
Occupational Diseases Under Workmen's Compensation Laws, Arthur Larson
University of Richmond Law Review
The earliest workmen's compensation statutes in this country typically provided compensation only for industrial accidents. Coverage for occupational diseases developed slowly. There have been various reasons for this lag. One was the opinion in some jurisdictions that, while accidental injuries were known to the common law and could be made the subject of an action for damages, the concept of occupational diseases was a stranger to the lexicon of the precompensation-era common law. To the extent that workmen's compensation acts substituted nonfault liability for the kind of injuries that were potential subjects of fault liability, there was thought to be …
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
Constitutional Revision: Virginia And The Nation, A.E. Dick Howard
University of Richmond Law Review
For about a quarter of a century-from the 1920's into the 1940's-no American state adopted a new constitution. By midcentury, however, interest in revising these fundamental laws had burgeoned. So widespread was the movement for constitutional revision that by 1970 a leading student of the subject commented that there was at that time "more official effort directed toward revising and rewriting state constitutions than at any time in the nation's history with the possible exception of the Civil War and Reconstruction era."
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
New Looks At An Ancient Writ: Habeas Corpus Reexamined, Andrew P. Miller, Robert E. Shepherd Jr.
University of Richmond Law Review
The traditional characterization of the writ of habeas corpus as an original ... civil remedy for the enforcement of the right to personal liberty, rather than as a stage of the state criminal proceedings or as an appeal therefrom . . . cannot be permitted to defeat the manifest federal policy that federal constitutional rights of personal liberty shall not be denied without the fullest opportunity for plenary federal judicial review.