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Articles 5791 - 5820 of 6022

Full-Text Articles in Law

Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber Jan 1972

Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber

University of Richmond Law Review

The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.

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William Taylor Muse- "The Dean", John W. Edmonds Iii Jan 1972

William Taylor Muse- "The Dean", John W. Edmonds Iii

University of Richmond Law Review

It is hard to discuss William Taylor Muse, or The Dean as he was known to most of us, without using superlatives in what would appear to the uninitiated a super abundance. William T. Muse was many things-a devoted husband and father, an ardent Baptist, an enthusiastic and constant fan of athletics at the University of Richmond, a recognized scholar and legal author, a teacher of law for forty years, secre- tary and president of the Virginia State Bar Association, and a Sunday School teacher for most of his adult life. To most of us, he was pri- marily two …

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Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia Jan 1972

Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia

University of Richmond Law Review

Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …

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Criminal Procedure- Virginia's Limited Use Of A Two-Trial System Jan 1972

Criminal Procedure- Virginia's Limited Use Of A Two-Trial System

University of Richmond Law Review

It has long been the general assumption in criminal cases in the United States that the fair trial provided for by the Federal Constitution contemplates a unitary one wherein all of the issues are deliberated within a single proceeding, with verdict, and punishment if any, in the form of a single pronouncement. A recent Virginia case, however, has held that the issues of guilt and punishment are severable and may be tried separately where particular circumstances exist.

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Automobile Guest Statutes- Infants Under Fourteen Years Of Age Held Incapable Of Accepting Guest Status Jan 1972

Automobile Guest Statutes- Infants Under Fourteen Years Of Age Held Incapable Of Accepting Guest Status

University of Richmond Law Review

Virginia's guest statute is a legislative codification of the common law gross negligence rule made applicable to automobile guests. The purpose of this statute is to protect the gratuitous host from a lawsuit at the hands of the very person to whom he is extending the gratuity, and to prevent collusion between the host and his guest against insurers. The increasing popu- larity of automobile travel has prompted over half of the states to adopt similar legislation, but unfortunately, these statutes have produced what has been appropriately called a "tangle of confusion."

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Freedom Of Religion- "There Is No Constitutional Right To Choose To Die Jan 1972

Freedom Of Religion- "There Is No Constitutional Right To Choose To Die

University of Richmond Law Review

The practice of one's religious beliefs has generally been freely allowed in the United States so long as it does not infringe upon the constitutionally protected rights of others. However, in the recent case of John F. Kennedy Memorial Hospital v. Heston, the New Jersey Supreme Court seemingly has modified this principle by justifying the restraint of an individual in the practice of his religious beliefs, not to preserve the constitutional rights of others, but to protect that individual from himself.

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Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law Jan 1972

Narrowing The Scope Of The Bona Fide Occupational Qualification Exception-Sex Discrimination In Professional Baseball Runs Afoul Of The Law

University of Richmond Law Review

"Should a gentleman offer a lady a Tiparillo?" Such a question, popu- larized in a familiar advertisement only a few years ago, gives one keen insight into the stereotyped roles accepted for men and women during the past decade. In sharp relief today, women's liberation groups would have one believe that a man need not offer a woman anything; if she wants something, it is hers for the taking. Indeed, a recent national convention of hardcore feminists, echoing this aggressive attitude and citing that women compose fifty-three per cent of the nation's population, have warned that they intend to capture …

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The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records Vol. 2 Appendices, William Hamilton Bryson Jan 1972

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records Vol. 2 Appendices, William Hamilton Bryson

Law Faculty Publications

The principles of transcribing which have been followed in these appendices and in the extracts throughout the text are basically those of the "Report on Editing Historical Documents".

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Review Of The High Court Of Delegates, William Hamilton Bryson Jan 1972

Review Of The High Court Of Delegates, William Hamilton Bryson

Law Faculty Publications

A book review on The High Court of Delegates by G. I. 0. Duncan.

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Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill Oct 1971

Constitutional Law - Attorney's Loyalty Fitness, W. Wade Berryhill

Law Faculty Publications

One may reasonably conclude that a state may escape invalidation of a statute which apparently exceeds permissible Bill of Rights limits if the state shows that the statute does not operatively mean what it appears to say, but rather requires only an allegiance to the Constitution, and secondly, that a state may properly make inquiries to determine the oath affirmant's sincerity and good faith.

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University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1971-1972, University Of Richmond Jan 1971

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1971-1972, University Of Richmond

Law School Catalogues

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late Mr. 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, was …

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Right To Hearing Upon Extension Of Probation Jan 1971

Right To Hearing Upon Extension Of Probation

University of Richmond Law Review

Aside from the fact that its use was originally limited and random in nature, the historical origin of the probation process is uncertain. Revolutionary changes in the theories controlling the treatment of convicted criminals, however, has resulted in the development of probation into the most widely used form of correctional treatment.

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From The Editors Jan 1971

From The Editors

University of Richmond Law Review

The Review this year has made a conscious effort to move its publication date for the Fall issue substantially closer to the opening of classes here at the law school for the Fall session. Having met with some suc- cess, the Fall issue is available approximately a month earlier this year than last, and the proposed publication date for the Spring issue reflects a similar improvement. Our modest goal, of course, is to publish a Fall and Spring issue in fact, rather than in name only.

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University Of Richmond Law Review Table Of Contents Jan 1971

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

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The Clear And Present Danger Standard: Its Present Viability Jan 1971

The Clear And Present Danger Standard: Its Present Viability

University of Richmond Law Review

The first amendment to the Constitution of the United States provides that "Congress shall make no law ...abridging the freedom of speech or of the press, or the right of the people peaceably to assemble..." While the terms of the first amendment appear to be all embracing, its application has never been absolute. Its guarantees have always been subject to regulation by the state wherever they endangered the safety or welfare of the public. The fundamental issue involved in all first amendment problems involving free expression is the determination of the point at which the rights of the individual stop …

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Administration Of Municipal Services In Light Of The Equal Protection Clause Jan 1971

Administration Of Municipal Services In Light Of The Equal Protection Clause

University of Richmond Law Review

Disparities in the quality of human existence have been present throughout civilized societies whenever men have assembled, forming urban communities. The larger and more established these communities have become, the more pronounced have become the social disparities which separate their citizenry. Much of this social division is attributable to the age-old economic differences between the "haves" and the "have nots" differences accentuated by the complexities of modern urban life. However, with the modernization and increase of all varieties of municipal services, it has become clear that those "on the other side of the tracks" often do not enjoy the same …

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Nepa: Full Of Sound And Fury? Jan 1971

Nepa: Full Of Sound And Fury?

University of Richmond Law Review

Man has been, is, and will continue to be dependent upon the environment for the essential and non-essential components of his existence. In twentieth century America, the inevitable realization that environmental resources are not infinite has fostered an increased interest in stemming the tide of ecological devastation now being carried out in the name of progress and technological convenience.

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One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions Jan 1971

One Man-One Vote In The Selection Of Presidential Nominating Delegates By State Party Conventions

University of Richmond Law Review

If any conclusion can safely be drawn from the presidential nominating conventions of 1968, it is that the success of potential third party movements looms as a substantial threat to the traditional two party system in the United States. To a large degree, this fact may be attributed to the lack of balanced voter participation inherent in the nominating processes now employed by the two major parties. This lack of participation has engendered a sense of futility in the minds of the individual party members, causing them to limit their support for the slate of candidates their party ultimately chooses.

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Imprisonment Of Indigent Defendants For Nonpayment Of Fines Jan 1971

Imprisonment Of Indigent Defendants For Nonpayment Of Fines

University of Richmond Law Review

The use of fines as a criminal sanction has been a part of Anglo-American law for over six hundred years. From the inception of this penalty, however, law making bodies have had to deal with the convicted criminal who fails or refuses to pay the fine imposed upon him. The early non-paying offender faced being sold into slavery unless the necessary funds could be produced by family or friends. From such early remedies for default our present more civilized alternative of imprisonment arose.

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Economic Development Of Indian Lands, Roger L. Tuttle Jan 1971

Economic Development Of Indian Lands, Roger L. Tuttle

University of Richmond Law Review

If anything be true of the United States in the second half of the Twentieth Century, it is the rise of humanism and social consciousness on the part of most Americans. The near-universal test applied today to one's personal or group relationships is whether justice is served. The salient examples of the fruit of this concern are the achievements which have been made toward bringing "first class citizenship" to the Negro-American through school desegregation, establishment of uniform nondiscriminatory voting requirements, abolition of separate rest rooms and waiting rooms, and the opening of housing and transportation facilities equally to all. The …

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The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law Jan 1971

The Erosion Of Lex Loci Delicti: Toward A More Rational Choice Of Tort Law

University of Richmond Law Review

Man is a gregarious animal. As such, he has historically sought the company of other men. He has organized his world into innumerable units-each with its own boundaries, each with its own laws. Once, when immobility and relative isolation characterized his existence, few legal complications arose from the policy differences that had been translated into the laws of his governments. His choice of law rules were relatively simple, predictable, and rigid. But as technology made Cairo as accessible as California-made international communication almost as practical as local conversation-the consequences of human interaction involved in- creasing interstate and international elements.

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Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction Jan 1971

Drugs- Quantity Of Possession Of A Narcotic Necessary For Conviction

University of Richmond Law Review

Most of the states make it unlawful for a person to possess a narcotic drug unless authorized under the narcotic drug statutes. Most jurisdictions have adopted the Uniform Narcotic Drug Act with various amendments." Yet in those states in which the UNDA is not in force, the corresponding laws are nearly identical. Generally, the statutes specify that it is unlawful to possess "any narcotic drug." This phrase is considered by most jurisdictions to specify that any amount, even the slightest trace, is sufficient for a conviction, while other states require that a "usable quantity" must be present.

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Deferred Compensation Under The Tax Reform Act Of 1969, David R. Goode Jan 1971

Deferred Compensation Under The Tax Reform Act Of 1969, David R. Goode

University of Richmond Law Review

Executive compensation covers a broad range of benefits, including current cash payments, stock bonuses and options in their various forms, qualified pension plans, life insurance and even such fringe benefits as use of company provided automobiles and aircraft. A significant portion of the compensation picture encompasses contracts and plans which defer the receipt of income until a taxable period later than the period to which the services giving rise to the compensation are related. Although only one of many compensation devices, deferred compensation is of considerable importance to American industry as a form of executive pay. A recent study of …

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Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce Jan 1971

Due Process And The Harsher Penalty After Appeal-An Unwarranted Extension Of Pearce

University of Richmond Law Review

At common law there was no "right" to an appeal. Such a "right" could only be established by legislative enactment. The statutes creating a right to an appeal brought with them the problems of determining the constitutional protections that must be afforded this right. Much controversy has centered around one such problem, that of the constitutionality of imposing a more stringent sentence on a defendant after he has successfully appealed and attained a new trial.

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The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants Jan 1971

The Role Of Eyewitness Accounts In Establishing Probable Cause For The Issuance Of Search Warrants

University of Richmond Law Review

The legality of entry gained through the use of a search warrant is dependent upon the legality of the means used to obtain the warrant. To justify the issuance of a search warrant the affiant must show the existence of probable cause.

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Possession Of Narcotic Drugs Jan 1971

Possession Of Narcotic Drugs

University of Richmond Law Review

Possession of narcotic drugs, including marijuana, is deemed illegal in Virginia by statute. The concept of possession has been a major contro- versy in criminal proceedings in Virginia and other states. Generally, legal possession has meant the holding of property in one's own power or command. There may be either an actual physical holding, which consists of the power to control the property plus the intent to control the property, or constructive possession, where there is an absence of actual physical control, but a capacity to control along with the intent to control such property.

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A Tribute To James Harmon Barnett, Jr. Jan 1971

A Tribute To James Harmon Barnett, Jr.

University of Richmond Law Review

The Board of Editors of the Review respectfully dedicates this issue to the memory of James Harmon Barnett, Jr., 1891-1970, Professor of Law at the University of Richmond for 50 years.

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Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr. Jan 1971

Limitations On Defenses Under 10 (B): In Pari Delicto And Unclean Hands, G. Andrew Nea Jr.

University of Richmond Law Review

The evolution 'and development of the corporate conglomerate has been the most significant factor in the growth of twentieth century American enterprise. Corporate growth has far outdistanced that of alternative forms of business. The purchase and sale of an increasing volume of corporate securities has permitted management to raise impressive quantities of capital, and has allowed numerous investors to share in the profits realized from the judicious use of their funds.

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In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore Jan 1971

In Aid Of Public Education: An Analysis Of The Education Article Of The Virginia Constitution Of 1971, Hullihen W. Moore

University of Richmond Law Review

Thomas Jefferson recognized the need for promoting adequate public education in Virginia's constitution in the late eighteenth century. Since 1867 education has been a significant part of Virginia's fundamental law, and, as such, the constitutional provisions relating to education have required much time and thought throughout their development. It is the purpose of this article not only to analyze the Education Article of the Virginia Constitution of 1971, but also to ascertain if these provisions provide the needed impetus for quality public education in Virginia.

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Liability For Transfusions Of Hepatitis Infected Blood Jan 1971

Liability For Transfusions Of Hepatitis Infected Blood

University of Richmond Law Review

Legal resolution of the liability of a supplier of a useful and desirable product which, in the present state of human skill and knowledge, is unavoidably and necessarily dangerous to the user is fraught with difficulty. A major portion of the law in this area revolves around cases of hepatitis resulting from blood transfusions. The crucial problem encountered is the nondetectibility of the hepatitis virus in the blood donor. Even though no specific viral detection test has been perfected which can be applied practically to blood banking or plasma pooling, recent observations hold promise for a more accurate method of …

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