Law Commons^™

Implied Warranty Of Habitability In Lease Of Furnished Premises For Short Term: Erosion Of Caveat Emptor

University of Richmond Law Review

At common law, the rule of caveat emptor applied to a lease of real property. Therefore, it was the tenant's duty to inspect the premises before leasing them to determine their safety and adaptibility to his needs. With the rare exceptions of fraud, misrepresentation or express warranty, the landlord was not liable to a tenant who was injured by defects in the premises. Under no circumstances was there an implied warranty in the lease of real property that the premises were suitable for occupancy. Today, the great weight of authority, in the absence of statute, is in accord with the …

Recovery For Negligently Caused Emotional Trauma Resulting From Fear For The Safety Of Another

University of Richmond Law Review

Recovery for emotional trauma has progressed slowly in the century since Lord Wensleydale uttered the above words. The courts have been reluctant to recognize the interest in emotional tranquility both when the interference has been intentional and when it has been negligent.

Sodomy And The Married Man

University of Richmond Law Review

Although the Constitution does not provide for a specific right of privacy, the existence of such a right is beyond dispute. The extent of the right is, however, difficult to determine when one considers the point beyond which the right of privacy will prohibit intrusion by either state or federal authorities into an individual's affairs. Only by balancing the individual's need for privacy with the state's interest in regulating private conduct, can a delineation be made.

Publicity In The Juvenile Court

University of Richmond Law Review

With few exceptions a public trial is granted, under the sixth amendment, to adults accused of crimes. Correspondingly, what takes place in the courtroom is generally held to be public property available for dissemination by the press. In juvenile proceedings, however, privacy has "typically been among the few unchallenged keynotes." Characteristic of the juvenile court system have been procedures aimed at maintaining the anonymity of juvenile offenders.

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

University of Richmond Law Review

Upon the conclusion of the Constitutional Convention in 1787 and after the proposed Constitution was submitted by Congress to the states for ratification, there arose a clamor concerning the absence of a bill or declaration of rights therein. Scholars have disagreed as to the basis for this controversy. Story says that the demand was "a matter of very exaggerated declamation and party zeal, for the mere purpose of defeating the Constitution." Cooley concludes that leading statesmen made the want of a bill of rights in the Constitution the ground of a "decided, earnest, and formidable opposition to the confirmation of …

Federal Habeas Corpus: State Prisoners And The Concept Of Custody, Frank W. Smith Jr.

University of Richmond Law Review

For several centuries the Great Writ of Habeas Corpus has played a central role in protecting individual liberty, guarding against unlawful detention and against the exercise of power not in compliance with the law of the land. Central to the idea of habeas corpus is that it operates within the limits of unlawful imprisonment or detention. As the boundary line between lawful and unlawful confinement changes with growth in recognized individual rights, then the reach of the Great Writ also shifts.

National Labor Relations Policy: Attuning It To Unions Within Reasonable Limits, Jay J. Levit

University of Richmond Law Review

In the National Labor Relations Act it is the stated policy of the United States to encourage the collective bargaining process. This article submits that in order to effectuate such a policy, a recognition of the nature and basic need of the union in a procedure involving three parties is vital.

Substantive Use Of Extrajudicial Statements Of Witnesses Under The Proposed Federal Rules Of Evidence, Laurie R. Rockett

University of Richmond Law Review

With the publication last March of the preliminary draft of the rules of evidence for the lower federal courts, the possibility of implementation of reforms in the law of evidence on a national level is opened for the first time. Although all aspects of the proposed rules will doubtless stimulate discussion, the committee's treatment of the hearsay rule is likely to provoke the most comment.

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1969.

Burden Of Proof For Recovery On Accident Policy Where The Defense Is Suicide-Virginia's Answer

University of Richmond Law Review

When the defense of suicide is raised in opposition to a claim for recovery on a life insurance policy, on a double indemnity provision for accidental death therein, or on an accident policy, courts are troubled by the allocation of the burden of proof. If the claim is made on a standard life insurance policy, suicide must be expressly excluded to be a valid defense. If so excluded, the defendant-insurer bears the burden of proving that the death was suicidal. On the other hand, if the claim for recovery is on an accident policy or on a double indemnity provision …

Temporary Judicial Assignments: An Invaluable Tool For Effective Judicial Administration, Joseph D. Tydings

University of Richmond Law Review

One of the great strengths of the Federal judicial system is the ability to shift judicial manpower to meet critical caseload demands. This administrative authority is a statutory creation, first incorporated in the United States Code on the suggestion of Chief Justice William Howard Taft.' Because temporary judicial assignments are premised upon a statutory foundation, it is the particular responsibility of Congress to see that those assignments are used to effectuate the Congressional intent and, thereby, alleviate the critical caseload bottlenecks in the Federal judicial system. As Chairman of the Senate Subcommittee on Improvements in Judicial Machinery I conducted hearings …

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.

Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony

University of Richmond Law Review

At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.

Security Transfers By Secured Parties, David G. Epstein

Law Faculty Publications

While no Uniform Commercial Code section specifically so provides, the Code clearly contemplates transfer by secured parties of their interest arising under security agreements, and these transfers commonly occur. Yet the legal ramifications of such transfers are to a large extent unknown because of the silence of the Code and the absence of both reported decisions and secondary authorities. This article will examine one type of transfer by secured parties-transfers by secured parties to secure payment of an indebtedness.

Products Liability: Defenses Based On Plaintiff's Conduct, David G. Epstein

Law Faculty Publications

The past decade has seen dramatic developments in the law of products liability. There has been liberalization of the exclusive control requirement of res ipsa Ioquitur, Iegislative and judicial relaxation of the privity requirement, and creation of a new theory of recovery - strict liability in tort. Consequently, many jurisdictions now offer three theories of recovery to persons injured through use of a defective product: negligence, breach of warranty, and strict liability in tort. Although the recent products liability developments have been extensively treated both by courts and by commentators, numerous problems remain. One of the most pressing problems is …

Annual Survey Of Virginia Law - Administrative Law, William Hamilton Bryson

Law Faculty Publications

This year's survey of Administrative Law focuses upon the four cases involving administrative agencies or municipal corporations decided last term by courts sitting in Virginia. Though few in number, the cases presented a wide range of issues including the review of a determination of the State Corporation Commission on an application for a branch bank, a condemnation case, the availability of a tort remedy against a municipal corporation and a contest over the constitutionality of the Virginia Industrial Building Authority.

Self-Regulation-Panacea Or Pitfall?, William D. Dixon

University of Richmond Law Review

Several recently announced Federal Trade Commission advisory opinions have revived anew the controversy surrounding what a businessman can and cannot do in the area of self-regulation. The reasons for the existence of the controversy can be readily understood, for on the one hand businessmen are being constantly urged by those within the federal government to clean their own houses before the Government is forced to do the job for them, and yet on the other they are faced with the specter of an antitrust prosecution if they do anything toward that end which they feel will be in any way …

Recent Decisions

University of Richmond Law Review

This is a summary of the case law from 1968.

Basic Protection And The Future Of Negligence Law, Robert E. Keeton

University of Richmond Law Review

Coming to full flower only in the nineteenth century,' negligence law is still a tender young plant among the hardy redwoods of legal history. Yet the jeopardy in which it stands is due not to its youth but to its aging inflexibility-to its failure to adapt to the era of the automobile. This is not to say that its end is at hand. Rather, a future of some kind for negligence law seems assured. The questions in doubt are what kind and for how long. The surest way of causing it to be inglorious and brief is to continue to …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1968-1969, 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 …

The Law Whose Life Is Not Logic: Evidence Of Other Crimes In Criminal Cases, James W. Payne Jr.

University of Richmond Law Review

It is not the intention of the author to concentrate on generalizations in this article, but an introductory comment of a general character on this topic seems unavoidable. Assume that D is on trial for the rape of his fourteen-year-old daughter. He elects not to take the witness stand, claiming this right under the Fifth Amendment. (a) Could W, an older daughter, testify that D raped her several times when she was fourteen years old? (b) Could the prosecutor introduce evidence of a conviction of D for raping W when she was fourteen years old-i.e., would the foregoing offer of …

Erosion Of The Hearsay Rule

University of Richmond Law Review

Over a quarter of a century ago, the consensus among evidence scholars was that the rules of evidence were in need of thorough reform. Case law had become so confusing and contradictory that the American Law Institute regarded a straightforward restatement of the law of evidence as a practical impossibility. Instead that body decided upon a new proposal which might readily be adopted by the states as a comprehensive set of evidence rules. Its aim was a more sensible and simple guide for trial judge and attorney than the existing rules. Leading scholars and jurists collaborated to produce a Model …

Foreword

University of Richmond Law Review

This first issue of the University of Richmond Law Review replaces the Law Notes, which began as a faculty publication over a decade ago. It may well be presumptuous for the present editorial board to suggest that the T. C. Williams School of Law has come of age as a result of the publication of a single issue of the Law Review, but the attitude of the student body in general supports that observation. This new venture was born of the hard work and persistence of many students over the past years as well as a few faculty members, particularly …

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.

Recent Legislation

University of Richmond Law Review

This is a summary of the legislation that came out in 1968.

The American Doctrine Of Sovereign Immunity: An Historical Analysis, Daniel T. Murphy

Law Faculty Publications

Although more than one hundred and fifty years old, the case vivifying the concept of sovereign immunity, The Schooner Exchange v. M cFaddon, is still repeatedly referred to in judicial opinions. Significantly, it is cited not for purposes of distinction or historical perspective, but rather, is employed as a present underpinning for sovereign immunity, even though the political and social circumstances of today differ considerably from those existing in 1812.

Subsequent cases, however, while often justifying the conclusions reached by references to Marshall's discussion in The Schooner Exchange, have intertwined into the concept of sovereign immunity notions distinct from Chief …

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

The Kent Case And Juvenile Courts In Virginia, Kermit V. Rooke

University of Richmond Law Review

In an article in the October, 1966, issue of the American Bar Association Journal, Honorable Robert Gardner, Judge of the Superior Court of Orange County, Cali- fornia, directs the attention of the legal profession to the juvenile courts of this country and suggests corrective action in respect to various phases of the operation of these courts. His concern and immediate anxiety were occasioned by the decision of the United States Supreme Court in the case of Morris A. Kent v. United States,; wherein by a 5 to 4 opinion that court found irregularity in the handling of a case in …

Strict Liability In Tort: A Modest Proposal, David G. Epstein

Law Faculty Publications

Centuries ago, the noted Irish satirist, Jonathan Swift, made a "modest proposal' that the inhabitants of the Emerald Isle remedy a severe food shortage they were experiencing by eating their young. To some, a proposal of the adoption of strict liability in tort-regardless of how limited-is no more a modest proposal than Mr. Swift's. It is submitted that this opposition to strict liability in tort is at least in part due to a misunderstanding of the present state of the law as to a manufacturer's liability to injured consumers. In most jurisdictions, the adoption of strict liability in tort for …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1967-1968, 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 …