Law Commons^™

Constitutional Law- Freedom Of The Press- Virginia Recognizes A Newsman's Qualified First Amendment Privilege Of Confidentiality Of Information And Identity Of Source

University of Richmond Law Review

The first amendment to the United States Constitution guarantees our basic freedoms of speech and press. In recent years newsmen have been subpoenaed with increasing frequency to testify before grand juries, legislative committees, administrative hearings and in criminal and civil cases. When subpoenaed they have argued that the first amendment is a shield which protects them from compelled disclosure of confidential information and identity of source

Criminal Law And Procedure Eleventh Survey Of Florida Law - Part Four, David Frisch

Law Faculty Publications

This survey is a continuation of previous articles on the topic of Florida criminal law and procedure.

Warrantless Search Of A College Dormitory, Ronald J. Bacigal

Law Faculty Publications

Student Conduct is as much a part of the collegiate experience as intellectual pursuit, and regulation of student conduct has been a concern of university officials for as long as there have been students and universities. Until the 1960s the courts had few occasions to concern themselves with the regulation of student conduct; and, university officials were free to take any action short of action that was arbitrary and capricious. University officials were deemed to stand in loco parentis and thus could make and enforce any regulation for the physical training, moral enrichment, and betterment of their pupils that a …

The Problem Method Adapted To Case Books, William Hamilton Bryson

Law Faculty Publications

Although it is obvious that the teaching style of every successful academic must be the product of his own personality and experience, I do, nevertheless, believe that the exchange of ideas on the subject of legal education is constructive. It may suggest ways to make minor changes and thereby to improve one's own methods or approaches. Therefore, I present here some thoughts on the Socratic method of teaching law and the results of my own experimentation with cases as problems for classroom debate. This approach has been successful for me, and it is my hope that these ideas may be …

Disclaimers As An Estate Planning Tool, J. Rodney Johnson

Law Faculty Publications

Most lawyers are familiar with the importance and function of post-mortem estate planning. This article will focus on one tool that is being used with ever increasing frequency in all phases of the post-mortem estate planning process- the disclaimer.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1973-1974, 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, …

Jim Payne - The Man, Julian E. Savage

University of Richmond Law Review

Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.

From The Editors

University of Richmond Law Review

With this volume the Review proudly welcomes Dr. Harold G. Wren as the new Dean of the T. C. Williams School of Law. Dr. Wren succeeds M. Ray "Judge" Doubles, who unselfishly returned from retire- ment to serve as Interim Dean for almost an entire academic year. Dr. Wren has accepted a great challenge in becoming the Dean when many feel that bold and decisive steps need to be taken to insure that T. C. Williams continues as one of the forerunners of legal education in Virginia.

Rule 23 Class Action Enforcement Of The Clean Air Act Of 1970

University of Richmond Law Review

This country has recently taken a great interest in air pollution, and the extent of its concern has manifested itself in federal legislation to help abate this growing menace. The most significant legislative attempt to clean up the air is the Clean Air Act of 1970.

Restraints On Incumbent Directors In Intracorporate Battles For Control, Aaron Yoran

University of Richmond Law Review

Editor's Note: The first portion of Dr. Yoran's article, dealing with directors' maneuvering power in closed corporations, appeared in the Winter issue of the Review.

Recidivism: The Treatment Of The Habitual Offender

University of Richmond Law Review

Penal law and theory generally "addresses itself to two types of criminals: first offenders and habitual offenders or recidivists. Those in the latter group have been referred to as failures for two reasons: first, they have failed to alter their previous behavior and make an adequate adjustment upon returning to society; second, society has failed with them in terms of its efforts at correction, treatment, and rehabilitation. The traditional method of dealing with the recidivist has been to increase the punishment "increasing the dosage of a medicine which failed to cure when administered in small quantities." Indeed, upon conviction for …

James W. Payne, Jr., William D. Dixon

University of Richmond Law Review

For those of us who knew him well, the utterance of any sort of tribute to Jim Payne, either oral or written, is a painful experience this soon after his death. There has simply not been enough time to heal the sense of loss or to fill the void which the departure of such a man inevitably leaves in the lives of those at all close to him in life.

The Defense Of Superior Orders, Aubrey M. Daniel Iii

University of Richmond Law Review

The court-martial and premeditated murder conviction of First Lieutenant William L. Calley, Jr., for his participation in the My Lai Massacre on March 16, 1968, was one of the most controversial criminal trials, either military or civilian, in the history of this nation. Although the trial brought to the surface many troubling aspects of this country's conduct of the Vietnam War, the primary focus of the controversy centered on the question of whether an American soldier should be held criminally accountable for his participation in the mass execution of unarmed and unresisting men, women, children and babies taken captive by …

A Letter Of Lewis Burwell To James Burrough, July 8, 1734, William Hamilton Bryson

Law Faculty Publications

Not long ago while rummaging through the record office in Bury St. Edmunds, I came across a letter 1 from Lewis Burwell (1710-1756) of Gloucester County, Virginia, to James Burrough (1691-1764), his cousin and former tutor at Gonville and Caius College, Cambridge, which sheds some light upon the Burwell family and the education of colonial Virginians in the mother country.

The Close Corporation-Comparing The Separate Statutory Treatments Of Florida, Delaware And Maryland With Virginia's Version Of The Model Act

University of Richmond Law Review

In a trend beginning before the turn of the nineteenth century and accelerating during the period after the Second World War, state corporation laws have evolved into enabling acts recognizing and catering to modem business practices The restrictions retained in these acts remain both to protect the public and balance the relationships between interested parties within the corporation. Despite these remaining restrictions, the philosophy of the modem acts is to create a climate favorable for corporate activity.

Disparity In Financing Public Education: Is There An Alternative To Rodriguez?

University of Richmond Law Review

Revenues necessary to fund public education are generated by a system of school financing in general use throughout the United States. Basically, funds are derived from three sources: federal aid, state aid, and some form of local ad valorem tax on property, as determined by assessed values. Even though the percentages supplied by each source vary from jurisdiction to jurisdiction, each system appears to have one common denominator- a major portion of its operating fund is supplied by taxation of property situated within the school district or local unit of government. Obviously, a district with high property values can generate …

Charitable Remainder Trusts: Some Considerations To Draftsmanship, Harold G. Wren

University of Richmond Law Review

The Tax Reform Act of 1969 limited the charitable deduction for remainder interests for the purposes of income, estate and gift taxes to three specific forms: the annuity trust, the unitrust, or a gift to a pooled-income fund. This article will not deal with the details of a pooled-income fund, commonly established by a public charity to make it possible for a donor of a relatively small gift to do what we shall discover the wealthy donor can do by way of a charitable remainder trust. Since estate planners are primarily concerned with the drafting of trusts for donors of …

A Synopsis Of The Major Revisions To Article 9 Of The Uniform Commercial Code Adopted By Virginia, John W. Edmonds Iii

University of Richmond Law Review

When the Uniform Commercial Code became effective in Mississippi and South Carolina on January 1, 1968, it reached its goal of near uniform enactment. Maintaining this achievement of uniform adoption, however, has proven to be most difficult with regard to the Code's treatment of "secured transactions" in Article 9. In 1966, the Permanent Editorial Board 2 noted that there had been 337 non-uniform, non-official amendments to Article 9 of the Code. Accordingly, the Board established a Review Committee to restudy Article 9 in depth and report its findings. The study culminated in the Final Report of the Permanent Editorial Board …

Federal Estate Taxation - Inter Vivos Gift Between Co-Owners Of United States Savings Bonds Requires Surrender And Reissue

University of Richmond Law Review

At the present time there are approximately 500 million Series E United States Savings Bonds outstanding about 75% of which are registered in the names of co-owners. Until recently there had been no consensus in the federal courts as to whether a registered co-owner of such a bond could remove it from his gross estate by making an inter vivos gift to the other co-owner without having the bond reissued according to Treasury Regulation procedures. This conflict in case law and its attendant confusion has had the effect of preventing uniform application of federal estate tax law concerning savings bonds. …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Constitutional Law-Search And Seizure-No Knock Entry Held Reasonable In Virginia When Exigencies Present

University of Richmond Law Review

The fourth amendment to the United States Constitution, an express proclamation of the citizens' indefeasible right against unreasonable searches and seizures, has now been held fully applicable to state searches and seizures through the due process clause of the fourteenth amendment. Neither the fourth amendment to the United States Constitution nor any law in Virginia expressly requires those persons performing a search to "announce" their presence, identity, or purpose prior to making their entry for a valid search. Despite the absence of an express requirement of announcement before entry, the early common law in England and subsequent case law in …

Torts- Parent-Child Immunity- Reluctance To Further Abrogate The Immunity Rule

University of Richmond Law Review

Although there is no case authority, it is probable that at common law there was no prohibition against a minor child bringing suit against his parent for a personal tort. Indeed, a child could enforce his own choses in action and sue for wrongs to his property. Similarly, in the United States prior to 1891, case law seemed to indicate that there was no parent-child immunity. However, after that date, without citing any common law precedent, three cases laid the basis for the parent-child tort immunity rule by holding a parent not liable for a tort inflicted upon his unemancipated …

University Of Richmond Law Review Index

University of Richmond Law Review

This is an Index of the Law Review Vol. 7 from 1973.

Admiralty Tort Jurisdiction-Airplane Crashes Into Navigable Waters Within State Territorial Limits

University of Richmond Law Review

The United States Constitution provides that "[t]he judicial power shall extend . . . to all cases of admiralty and maritime jurisdiction. The Congress, in establishing a court system, provided that "the district courts shall have . . . exclusive original cognizance of all civil causes of admiralty and maritime jurisdiction ... saving to suitors, in all cases, the right of a common law remedy...."

Landlord And Tenant-Patent Defects In A Common Area

University of Richmond Law Review

When a landlord retains control of a portion of the premises for common use by multiple tenants, he must exercise ordinary care to keep that common area in a condition reasonably safe for its intended use. Since the landlord incurs no liability when the premises are under the exclusive control of one tenant, the prerequisites of liability for an injury resultig from a defective condition in a common area are that the landlord must have reserved the area for common use for himself and the tenants, and that he must have retained control of the area himself rather than have …

James W. Payne, Jr., Harry L. Snead Jr.

University of Richmond Law Review

After knowing Jim Payne as my Law Professor, fellow colleague, and friend for 23 years, I come to you today with the praise the man and his achievements so richly deserve.

Two Proposals For Change In Virginia Law- A Class Action Procedure And A Consumer Fraud Law, Henry E. Howell Jr.

University of Richmond Law Review

This article encompasses two proposals for change in the law of the Commonwealth of Virginia, one procedural and the other substantive. A proposed class action procedure law and a substantive consumer fraud law are set forth in the appendix and discussed, herein. Credit law reform is beyond the scope of this article. The proposals are independent, although similar, in that they are designed to help the small claimant obtain relief for injuries for which there is presently no practical remedy under Virginia law.

Joint, Totten Trust, And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson

University of Richmond Law Review

Litigation involving the survivorship rights of parties to joint accounts has been before the Supreme Court of Virginia on ten occasions since 1955. These ten cases, plus one older one, constitute all of Virginia's case law on this subject. Instead of attempting a chronological analysis of the development of this case law, it is proposed to state such rules as now exist and compare them with the results that would be obtained under the new Uniform Probate Code. In addition, attention will be focused on the statutes that deal with the rights of parties and financial institutions in deposit accounts …

Joint, Totten Trust And P.O.D. Bank Accounts: Virginia Law Compared To The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Litigation involving the survivorship rights of parties to joint accounts has been before the Supreme Court of Virginia on ten occasions since 1955. These ten cases, plus one older one, constitute all of Virginia's case law on this subject. Instead of attempting a chronological analysis of the development of this case law, it is proposed to state such rules as now exist and compare them with the results that would be obtained under the new Uniform Probate Code. In addition, attention will be focused on the statutes that deal with the rights of parties and financial institutions in deposit accounts …

Multiple-Party Bank Accounts Under The Uniform Probate Code, J. Rodney Johnson

Law Faculty Publications

Although this article is intended as a summary of the Uniform Probate Code's provisions in the area of multiple-party accounts. it may be at least sufficient to suggest the much-needed certainty and uniformity which the UPC will bring to a confused and confusing area of the law. The beneficiaries of this advance will be the public, who will have another alternative to probate in appropriate cases, and financial institutions, who will have another service to market. For these reasons it is suggested that the banking community will want to lend its enthusiastic support when the UPC is introduced into any …