Law Commons^™

Taxation- Deductibility Of Contributions To Segregated Private School

University of Richmond Law Review

Brown v. Board of Education set the stage for an extensive series of activities designed to circumvent the Court's intention to abolish segregated public education. However legally futile many of these endeavors have become, there remains one instrument of education over which the fourteenth amendment is powerless: the private school. Since tuition alone inevitably fails to generate sufficient revenue to fund the necessary expenses of construction and operation, private charitable contributions are needed, and are encouraged by their deductibility for federal income, as well as estate and gift tax purposes.

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Updating Virginia's Probate Law, Thomas S. Word Jr.

University of Richmond Law Review

The estate of the average Virginian today is much more complex and diversified than the estate of the nineteenth century Virginia citizen, and consequently, problems of modem probate have become increasingly complicated. In 1870 the typical Virginian farmed, and land was the chief measure of his wealth. The farm, livestock, and household furnishings were normally the extent of his estate. Income and death taxes were unknown, and trusts were rare.

A Century Of Tort Immunities In Virginia, James A. Eichner

University of Richmond Law Review

Since the earliest days of tort litigation, the Virginia Supreme Court of Appeals, like the courts of its sister states, has been committed to the general view that legal responsibility follows negligence, and that the master is liable for his servants' torts committed within the scope of their employment. However, several years before the found- ing of the T. C. Williams School of Law, the Virginia court, in its landmark decision respecting governmental tort immunity, laid down a decision which has led to the creation of a number of tort immunities which it has never sought to justify on grounds …

Automobile Noise- An Effective Method For Control

University of Richmond Law Review

The automobile as a contributing factor to air pollution has in recent years received widespread attention. Deserving of similar attention is the automobile's contribution to another increasing environmental problem, "noise pollution."

University Of Richmond Law Review Index

University of Richmond Law Review

This is the index for the 1970 University of Richmond Law Review.

Local Government Law In Virginia, 1870-1970, Patrick M. Mcsweeney

University of Richmond Law Review

Virginia has never faced more pressing local problems. Both the population and the economy have grown so rapidly in the last several decades that the traditional system of local government has been strained and perhaps even rendered obsolete. This system was established when Virginia was a predominantly rural and agricultural state. But after approximately three centuries without radical change, it has suddenly been threatened by urbanization. Simply put, it was not designed to operate in a predominantly urban and industrial setting and has proven unequal to the task of coping with the problems which attend urbanization.

A Century Old Problem: Federal Or State Law As Determinative Of A Directed Verdict In A Federal Court, S.D. Roberts Moore

University of Richmond Law Review

The laws of the several states, except where the Constitution or Treaties of the United States or Acts of Congress otherwise require or provide, shall be regarded as rules of decision in civil actions in the courts of the United States, in cases where they apply." ' So states the commandment by the Congress of the United States which gov- erns the applicability of state law in all federal civil actions wherein jurisdiction is founded upon diversity of citizenship.

Blood Grouping Tests And The Presumption Of Legitimacy

University of Richmond Law Review

This comment deals briefly with the presumption that a child born to a married couple is the legitimate issue of that marriage. The status of this presumption in Virginia is considered in light of the Virginia statute authorizing the use of blood grouping tests in certain cases where the paternity of a child born during wedlock is at issue. The constitutionality of such tests is not within the scope of this comment.

Books Received

University of Richmond Law Review

These are the books received by the Law School in 1970.

Caveat Emptor To Strict Liability: One Hundred Years Of Products Liability Law, Emanuel Emroch

University of Richmond Law Review

The development of the law of products liability is historically related to industrial growth, business and economic expansion, and the growing demand over the years for consumer protection. As the industrial system has come of age and man has begun to make excursions into outer space, the ancient principle of caveat emptor-"let the buyer beware" has been significantly changed in favor of the consumer. As we emerged from the ancient mercantile society, where the seller and buyer usually met and bargained, to an impersonal market characterized by corporate organization, industrial and technological advancement and complexity, and sophisticated marketing and finance, …

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.

Law And Anarchy, Sidney Hook

University of Richmond Law Review

I wish to consider certain views and attitudes about law and government that seem widely held today, that encourage contempt for law and at least indirectly bear on current political behavior.

Criminal Restitution: A Survey Of Its Past History And An Analysis Of Its Present Usefulness, Richard E. Laster

University of Richmond Law Review

In the complex structure often inappropriately designated the system of criminal justice,a there are few visible signs of consideration for the party who suffers most from criminal activity-the victim. Yet, historically, this was not always the situation, nor is it necessarily true today in countries other than the United States. Even in the United States compensation plans for victims of crime have been passed by a few state legislatures, and most state statutes on probation allow restitution by the criminal to his victim as a condition thereof. In addition, at the less visible levels of the criminal legal process, restitution …

State Taxation Of Interstate Travel: Alternative Constitutional Limitations

University of Richmond Law Review

In today's context of expanded human mobility, an individual's right to travel from, through, or to any of the United States without state restriction on or regulation of his admission or departure enjoys well-settled constitutional protection originating from two distinct sources. The interstate transportation of persons is governed by the commerce clause under which state power to regulate and tax the admission and departure of interstate passengers is restricted, but not entirely forbidden.

Law And Sociology: Some Issues For The 70'S, Albert J. Reiss Jr.

University of Richmond Law Review

The relationship between sociology and the lawhas not been a very stable one. It has barely passed from the stage of flirtation to that of courtship, though the dependence of each upon the other seems obvious enough to some scholars in each discipline. The two communities have long seemed content to live in symbiotic rather than commensal relations. There are a number of reasons why it is difficult to consummate a stable marriage at this time, if not in the long run.

Psychology And The Criminal Law, Paul E. Meehl

University of Richmond Law Review

The two opposite errors a lawyer may make in evaluating the social scientist's contribution to law are to be overly critical and hostile, or to be unduly impressed and uncritically receptive. I have seen examples of both mistakes. The extreme form of the first attitude is shown by the lawyer who frankly believes that psychology, psychiatry, and sociology are mostly "baloney," pretentious disciplines which have abandoned common-sense knowledge of human life but whose claim to have substituted scientific knowledge is spurious. I would like to believe that this hostile attitude is always based upon misinformation or ignorance; but unfortunately, if …

Witnesses: A Canonist's View, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to examine and compare with our present practices a medieval text or summary of canonical procedure, the Summa de Ordine Iudiciario by Ricardus Anglicus-more narrowly, chapter XXX, which is concerned with witnesses. There are several reasons for examining the work of Ricardus Anglicus. This Englishman was a brilliant canonist in an age when the most ingenious and aggressive intellectuals were gravitating to the field of canon and civil law. Also he gives us a rather full summary of the subject.

Exchequer Equity Bibliography, William Hamilton Bryson

Law Faculty Publications

This essay is concerned with the secondary bibliography of the equity jurisdiction of the Court of Exchequer. It forms the preliminary inquiry of a general study of the history of this jurisdiction. This bibliography is in essay form because a list would not adequately explain the comparative significance of the various works. Moreover, the titles of the works are frequently misleading; some of the earlier ones have been attributed to the wrong author, and the relationships among them have never before been sorted out. Finally, this is the only place where all of these related works have been brought together; …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1969-1970, University Of Richmond

Law School Catalogues

General Statement:

The Law School was established as a part of Richmond College in 1870. In 1890 the family of the late Mr. T. C. Williams, who had been a devoted and useful 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 …

Proceeding Under The Uniform Commercial Code, David G. Epstein

Law Faculty Publications

The Uniform Commercial Code is the "most important piece of business legislation ever prepared in the United States .... " "Article 9 is the most novel and probably the most important article in the Code." "The greatest change under the Code will probably come about in due time because of the so-called 'floating lien' "made possible in part by the Code's proceeds provision, section 9-306. The proceeds provision represents an innovation significant to both debtors and creditors. For example, in order to carry on his business, the borrower who avails himself of inventory financing often desires some right to dispose …

Foreword

University of Richmond Law Review

With the publication of this issue of the Review, a goal that seemed far away a few years ago is realized. It was envisioned by the organizers of this publication that expansion to two issues would occur as soon as time, experience, finances, and other circumstances made it feasible. Just two years later, their intentions have been fulfilled.

Administrative Practice Before Federal Agencies, William H. Sager, Leslie S. Shapiro

University of Richmond Law Review

There exist more than forty federal executive and administrative agencies before which lawyers (and in many cases, laymen) may practice and serve the interests of clients. The complexities of our society, the specializations which are a by-product of a complex industrial state, and the persistent growth of government's bureaucracy, point up the continuing importance of practice before federal administrative agencies.

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Foreword

University of Richmond Law Review

The publication of the Spring, 1969 edition of the University of Richmond Law Review imports considerations of a Janus-like significance. By marking the completion of the first volume of the Review, this issue ends the policy of publishing once a year and looks forward to the publication of two issues in 1969-70. Already, a great deal of thought and preparation have gone into next year's issues (total cost $5.00), both of which will honor the one hundredth anniversary of the T. C. Williams School of Law.

Public Assistance: Congress And The Employable Mother, James J. Graham

University of Richmond Law Review

The recent inauguration of a new Chief Executive in Washington, who has already indicated some willingness to try bold solutions to the twin problems of welfare and poverty,' may help create a more realistic political climate for liberals and conservatives. Both groups may be less eager to attribute spiraling increases in the "family" relief categories to personal delinquencies rather than economic circumstances.

The Background Of The Fourth Amendment To The Constitution Of The United States, Joseph J. Stengel

University of Richmond Law Review

It is generally agreed that the antecedent history of the Fourth Amendment to the Constitution of the United States is concerned primarily with those events that took place in England and the AmericanColonies in the thirty years immediately preceding the adoption of the Amendment. However, it also seems clear that it was the executive abuse of search and seizure in England throughout the centuries that led to those events. The search for the reason "why" of the Fourth Amendment should then logically begin with the earliest recorded events, statutes and cases involving search and seizure in English history and be …

Proposed Legislation: It's Time To Abolish Dower And Curtesy In Virginia, Joseph L. Lewis

University of Richmond Law Review

In its deliberations during 1966 and 1967 regarding estates of decedents, the Virginia Advisory Legislative Council gave particular consideration to the advisability of abolishing the contingent rights of dower and curtesy in Virginia. The VALC had to determine what interests, if any, should be reserved to the surviving consort, and whether the distinction between real and personal property in intestate succession should be abolished.

Right To Counsel In Virginia Juvenile Proceedings

University of Richmond Law Review

The juvenile court, representing the parens patriae power of the state, was created in order to remove juveniles from the stigmatizing and punitive atmosphere of adult criminal courts. Divorced from this atmosphere, the juvenile court, by administering individualized justice' in an informal, civil-natured proceeding, could measure the juvenile's social maladjustment and subject him to state supervision in such a manner as to correct his delinquent attitude and lead him to a correct life. Many forums, however, have found that the functioning juvenile system inadequately promulgates the enlightened principles which led to its creation. Scholars have attacked the non-criminal label as …