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Articles 5761 - 5790 of 6022

Full-Text Articles in Law

Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness? Jan 1972

Privilege Against Self-Incrimination- Does A "Use" Immunity Preserve The Rights Of The Witness?

University of Richmond Law Review

The United States Constitution guarantees every person the privilege of refusing to divulge self-incriminating testimony. When the acquisition of such testimony has been deemed necessary by the government, the United States Supreme Court has upheld statutes which require the witness to divulge the testimony, but only when such statutes have granted the witness an immunity which is coextensive with his fifth amendment privilege. There are two concepts as to the adequacy of an immunity which attempts to preserve the constitutional privilege of the witness: 1) a "transactional" immunity which renders the witness free from prosecution in a subsequent criminal proceeding …

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Pretrial Discovery- Use Of A Party's Own Deposition Jan 1972

Pretrial Discovery- Use Of A Party's Own Deposition

University of Richmond Law Review

At common law depositions were admissible in evidence in ecclesiastical and equity courts but not in trials at law unless both parties consented. Today, the simple rules of the common law in this area have been entirely replaced by statutory law and Rules of Court. The recent Virginia case of King v. InternationalHarvester Co. is illustrative of the problems en- countered when courts have undertaken judicial interpretation of these codifications.

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Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional Jan 1972

Equal Protection- School Financing System Based On Local Property Taxes Held Unconstitutional

University of Richmond Law Review

The fourteenth amendment of the United States Constitution allows unequal protection of the laws, provided such unequal treatment and discrimination bear some rational relationship to a conceivably legitimate state objective. This "rational relationship" test allows the states wide latitude and discretion in enacting legislation. However, where any state statute involves so-called "suspect classifications" or "fundamental interests," the statute will be subjected to a strict scrutiny test, under which the state must establish that there is not only a compelling state interest which justifies the law but also that the distinctions drawn in the statute are necessary to further such interests.

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Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

Law Faculty Publications

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.

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The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson Jan 1972

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

Law Faculty Publications

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia. This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …

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William Senior (1862-1937), Legal Historian, William Hamilton Bryson Jan 1972

William Senior (1862-1937), Legal Historian, William Hamilton Bryson

Law Faculty Publications

Upon receiving from Clare College, Cambridge, a William Senior scholarship to continue my studies in legal history, I enquired about the man whose generosity was being extended to me. No one knew anything about him. Therefore, I collected the information for this short piece as much out of curiosity as piety. Having done so, I discovered a legal historian and scholar of moderate proportions who does not deserve such complete neglect. Had he been a teacher or a politician, my efforts might have been rewarded by the discovery of more personal information about the man himself. As it is, very …

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The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson Jan 1972

The Equity Jurisdiction Of The Exchequer, William Hamilton Bryson

Law Faculty Publications

The equity jurisdiction of the Exchequer has been so overshadowed by the equity jurisdiction of the Chancery and that of other courts that there is today only a foggy awareness that it ever existed. Therefore it is the purpose of this communication to locate this court .within the course of English legal history and to say a word or two about its development.

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The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson Jan 1972

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson

Law Faculty Publications

The equity side of the court of exchequer "is by far the most obscure of all the English jurisdiction," declared Plucknett. The purpose of this essay is to shed some light upon this court and to explore its jurisdiction, to introduce its staff, to discover its procedures, to explain its equity records, and perhaps to render Plucknett's statement obsolete.

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A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield Jan 1972

A Survey Of The Antitrust Law Of Exclusive Agreements, John H. Shenefield

University of Richmond Law Review

Within the world of commerce, long-term supply contracts are common. Manufacturers seek to establish dependable customers and consumers hope for the security of a reliable supply. Short of vertical integration no commercial arrangement accomplishes these ends more efficiently than the several varieties of exclusive arrangements.

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Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris Jan 1972

Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris

University of Richmond Law Review

The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …

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Broadcasting's Fairness Doctrine- An Illogical Extension Of The Red Lion Concept Jan 1972

Broadcasting's Fairness Doctrine- An Illogical Extension Of The Red Lion Concept

University of Richmond Law Review

Television and radio advertising is fully accepted in our society as part and parcel of the American way of life. The business community of this country spends billions of dollars annually on commercials, attempting to convince Americans that they have an immediate and pressing need for products as diverse as panty hose and snow tires, roll-on deodorant and chain saws. In bad taste to some, boring or amusing to others, one thing these commercials have not been, is controversial. Should the United States Supreme Court uphold a recent District of Columbia Court of Appeals decision, the day may not be …

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Search And Seizure- The Inventory Search Of An Automobile Jan 1972

Search And Seizure- The Inventory Search Of An Automobile

University of Richmond Law Review

The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …

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The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson Jan 1972

The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson

University of Richmond Law Review

Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …

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The Assimilative Crimes Act Jan 1972

The Assimilative Crimes Act

University of Richmond Law Review

An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …

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The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue Jan 1972

The Tolling Of The Statute Of Limitations When A Case Has Been Previously Dismissed For Lack Of Jurisdiction Or For Improper Venue

University of Richmond Law Review

When an action is initially brought in a state or federal court and is dismissed for lack of proper venue or jurisdiction, it frequently becomes necessary to determine whether the applicable statute of limitations has been tolled ,during the pendency of the action. If a second action is instituted after the "statutehas run, the action will be considered time-barred in the absence of a tolling doctrine.

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Constitutional Law-Private Discrimination Remains Intact Jan 1972

Constitutional Law-Private Discrimination Remains Intact

University of Richmond Law Review

As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.

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Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process Jan 1972

Constitutional Law-Rights Of An Untenured Teacher To Procedural Due Process

University of Richmond Law Review

In the last decade, the federal courts, led by the Supreme Court, have emphasized the equal protection clause of the fourteenth amendment as a basis for an employee's right to procedural due process prior to dismissal from public employment. The Supreme Court has declared that any governmental action to deprive a person of an interest, even a privilege-type interest, is arbitrary and capricious if not applied with universal evenhandedness This holding would seem to entitle almost any teacher summarily dismissed to procedural due process.

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Constitutional Law-Search And Seizure-The Standard Of Reliability For The Citizen Informer Is Reduced In Virginia Jan 1972

Constitutional Law-Search And Seizure-The Standard Of Reliability For The Citizen Informer Is Reduced In Virginia

University of Richmond Law Review

Searches and seizures do not violate the fourth amendment to the United States Constitution where entry to specified premises is authorized by a properly issued search warrant based on an affidavit showing probable cause. Probable cause may be established by information given to an affiant officer by an informer if the information in the affidavit meets the require-ments of the two-pronged test set forth in Aguilar v. Texas. The first prong of that test, the informant-conclusion portion, requires that the affidavit describe some of the pertinent underlying circumstances necessary to judge the validity of the informant's conclusion. The other prong, …

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University Of Richmond Law Review Table Of Contents Jan 1972

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende Jan 1972

Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende

University of Richmond Law Review

The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …

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Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection Jan 1972

Constitutional Law- Self-Incrimination- Information Obtained Through Mandatory Disclosure Statutes Held Subject To Fifth Amendment Protection

University of Richmond Law Review

The various agencies charged with the responsibility of administering the routine affairs of government have long relied on compulsory self-reporting of information by citizens to support both the regulatory and revenue generating functions of the governmental process. The conflict between such compelled self-disclosures and the individual's right to freedom from forced self-incrimination has been neither completely nor satisfactorily resolved, although several hypotheses have been advanced in an effort to furnish a solution. Since virtually every person must, at some time, file an income tax return, the mandatory disclosure provisions of tax laws present a clear example of the need for …

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Housing - Virginia Attacks Blockbusting Jan 1972

Housing - Virginia Attacks Blockbusting

University of Richmond Law Review

Discrimination in housing along racial, religious, ethnic, and class lines has long been a problem in the United States. The most widespread methods of housing discrimination have included preferential advertising, soliciting, and showings in housing sales and rentals. In recent years another type of discriminatory scheme, commonly referred to as blockbusting,' has surfaced. Blockbusting has been defined as "the practice of inducing owners of property to sell because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group." Typically, the blockbuster preys upon the fears and prejudices of white property owners …

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University Of Richmond Law Review Table Of Contents Jan 1972

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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From The Editors Jan 1972

From The Editors

University of Richmond Law Review

The Editors of the Review dedicate this issue to the memory of Dean Muse, whose recent death has brought to a close an important era in the life of this Law School. Even amidst the sadness of his passing and the uncertainties associated with a change of leadership, there is an atmosphere of quiet excitement in anticipation of the school's future. Whatever the future may hold, it may be said that the Law School's past is a monument to the devoted efforts of Dean Muse.

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William Taylor Muse, Harold F. Snead Jan 1972

William Taylor Muse, Harold F. Snead

University of Richmond Law Review

When Dean William T. Muse departed this life on October 31, 1971, the University of Richmond and the Commonwealth of Virginia suffered a major loss. His many valuable contributions to the University of Richmond, especially the Law School, are a living monument to him. When he was appointed Dean of the Law School in 1947, he resolved to make it one of the finest law schools in the nation. Because of his outstanding legal and administrative ability, devotion to his duties and unimpeachable character, he accomplished his goal. The fact that the Centennial campaign for $500,000 was a success is …

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Plea Bargaining: The Case For Reform Jan 1972

Plea Bargaining: The Case For Reform

University of Richmond Law Review

Although plea bargaining has not been openly recognized or sanctioned by most courts, it has become quite widespread and effective. Due to this lack of formal recognition, no uniform plea bargaining procedure has been developed, but generally, an accused is encouraged to plead guilty in exchange for some concession, the most familiar being a promise by the prosecutor to ask the court for leniency. Such concession is far from being the only "reward" offered by the state; indeed, if it were the only one, the practice would not have flourished as it has. Depending upon the particular laws of the …

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Erie In Balance-Will Equity Tip The Scale? Jan 1972

Erie In Balance-Will Equity Tip The Scale?

University of Richmond Law Review

A significant consequence of a federal system of government is that its court system derives its law from both state and national sources. The effective resolution of the inevitable conflicts within that system is made increasingly important by the dramatic increase in interstate travel and commercial activity with the logical effect of increasing federal jurisdiction based upon diversity of citizenship. It is essential that litigants take note of a significant change in the federal court's approach to the rules applicable in diversity actions and modify their own judicial strategy accordingly.

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Deadlocked Juries-The "Allen Charge" Is Defuse Jan 1972

Deadlocked Juries-The "Allen Charge" Is Defuse

University of Richmond Law Review

A deadlocked jury remains an ever-present problem to a judge whose docket is filled with cases to be litigated. Throughout history, crude methods of coercion have been -employed by judges to pry a verdict from a deadlocked jury. While such methods have long since been abandoned, a more subtle, though equally effective, device known as the "Allen charge" is still utilized today to bring about the same result.

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A Tribute To Dean William Taylor Muse, M. Ray Doubles Jan 1972

A Tribute To Dean William Taylor Muse, M. Ray Doubles

University of Richmond Law Review

William Taylor Muse - an excellent student, a great teacher, a cooperative member of the faculty, a distinguished Dean, a loyal alumnus, a dedicated public servant, a close friend, a Christian gentleman-this in a nutshell is my recollection of the man I knew intimately for forty-three years.

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Dean William Taylor Muse- An Appreciation, George M. Modlin Jan 1972

Dean William Taylor Muse- An Appreciation, George M. Modlin

University of Richmond Law Review

William Taylor Muse was a dedicated man-dedicated to his family, his church, and his University. From the day in 1924 when he enrolled in the University of Richmond until his untimely death on October 31, 1971, except for two brief periods, he devoted his life and his loyalty to the University as a student, professor, and dean. Although his primary interest was the Law School, he was -ever concerned about the general welfare of the total University and was always more than willing to serve it in any capacity. For years he was a member of the important Board of …

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