Law Commons^™

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1967.

Obscenity: From Hicklin To Hicklin?, Frank W. Smith Jr.

University of Richmond Law Review

Modern advances in printing, distribution and advertisement have accentuated an old problem of social and legal significance-what, if anything, should be done to control obscene publications. Increased concern with the problem has been shown not only by organizations active in this area, by numerous articles and books which have recently been written, but also by the courts, highlighted by the recent Ginzburg, Mishkin' and 'Fanny Hill' cases. These cases have been hailed by some as a license for a full scale war on the "smut peddlers" and by others as a caution to proceed slowly. The obscenity problem brings into …

The Statutory Regulation Of Inheritance By Nonresident Aliens, Daniel T. Murphy

Law Faculty Publications

The right of a nonresident alien to take real or personal property through testamentary bequest or intestate succession is regulated in this country by the laws of the states in which the property is located or the estate is probated. Many of the individual states of the Union demand that a potential foreign beneficiary establish, as a condition precedent to receipt of his inheritance share, compliance with an established statutory scheme. Often these regulatory measures require the existence of circumstances over which the alien, as an individual, has no, or at best minimal, control. The nonresident alien's ability to take …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1966-1967, 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 …

Impasse In Collective Bargaining, David G. Epstein

Law Faculty Publications

The word "impasse" is an important part of the working vocabulary of all practitioners and students of labor relations. Although numerous trial examiner reports, board orders, court decisions and commentators have used the term impasse, the concept has never been discussed at length. In NLRB v. TexTan, Inc., the Fifth Circuit described "impasse" as "a state of facts in which the parties, despite the best of faith, are simply deadlocked." The Tex-Tan definition, while accurate, is of limited practical significance. It adds little to the definition of impasse that might be found in almost any standard desk dictionary. The only …

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1966.

Should Virginia Adopt The Federal Rules Of Discovery?, Emanuel Emroch

University of Richmond Law Review

More than fifteen years -ago Virginia made a very important and progressive modification of the rules of practice and procedure in actions at law and suits in equity. The promulgation of the Rules of the Supreme Court of Appeals in 1950 substituted a modern system for an archaic, outmoded, and cumbersome one. Under the Rules litigants can state their case and plead in a brief and succinct manner, unhampered with unnecessary and ancient verbiage. There is less emphasis on form and more on substance, and this facilitates the better administration of justice. Generally, the Rules have unquestionably served the purposes …

Perpetuities, Privity And Professional Liability, D. Orville Lahy

University of Richmond Law Review

As the number of malpractice cases against members of all professions continues to increase, it seems appropriate to review several new developments which may be of considerable importance to the practicing lawyer with respect to his professional liability. The time has come to approach this delicate subject with some plain language about property law and the portentous responsibility of the legal profession in the context of the rule against perpetuities.

A Child's First Book Of Sellers' And Buyers' Remedies- Then And Now, Harry L. Snead Jr.

University of Richmond Law Review

If you are one of those uncomfortable lawyers who as yet has not made his first penetration into Article 2 of the Uniform Commercial Code perhaps this brief comparative note can start you on the road to learning the sellers' and buyers' remedies under the Code. The emphasis will be on fundamental differences in approach between the Code and prior law; detailed treatment may be found in texts, treatises, and numerous law review articles.

Consent To A Search And Seizure By A Member Of The Suspect's Family: A Survey Of The Problems, William H. Ledbetter Jr.

University of Richmond Law Review

Constitutional provisions, statutes and common law rules of criminal procedure, desigmed to protect an individual's privacy and security, require that most searches and seizures in the Anglo-American system of jurisprudence be conducted pursuant to a warrant. The Fourth Amendment of the Constitution of the United States, now applicable to the states, Mapp v. Ohio, ex- plicitly limits searches and seizures and outlaws the broad, general warrants and writs of assistance of the eighteenth century.

Fair Trial - Free Press, M. Ray Doubles

University of Richmond Law Review

Blazing headlines such as these, followed by detailed accounts of the crime given to newspaper reporters by the police, and opinions of the accused's guilt expressed by prosecuting attorneys, or alleged confessions of the accused with an account of his previous criminal record, have been the basis of many recent appellate court reversals of convictions had in trial court criminal cases. The reason assigned: Denial of a fair trial by an impartial jury.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1965-1966, 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 …

Foreword, William T. Muse

University of Richmond Law Review

We are pleased to present to the profession the eighth annual issue of the University of Richmond Law Notes. This Number 3 of Volume 2 contains three articles, two of which were prepared by members of the Faculty and one by an alumnus. It is hoped that our readers will find them to be both timely and helpful. The case notes were selected from a large number submitted by students. In editing, management, and in content, the students are taking an increasingly active part in this publication.

The Securities Acts And (Hopefully) How To Avoid Them, John W. Edmonds Iii

University of Richmond Law Review

With the boom and bust of the twenties and thirties, there developed a new legal concept-regulation of the sale and issuances of securities. It is an unfortunate comment upon the business ethics of some Americans that such laws were felt necessary. Nevertheless, such laws apply to the honest and the dishonest, and to the sophisticated as well as the credulous.

The "Attractive Nuisance Doctrine" In Virginia, William T. Muse

University of Richmond Law Review

Children deem it their prerogative to roam wherever they please. In particular, they have a tendency to wander on other people's land and meddle with anything they find there. In doing so they frequently get hurt. The problem of the liability of occupiers of land for such injuries has taken up much of the time of American courts in the last one hundred years and has resulted in many published decisions. The trial courts in Virginia have devoted much thought and time to this problem, and since 1887 twelve cases have been heard and decided by the Supreme Court of …

Ethical Problems Of Government Lawyers, James W. Payne Jr.

University of Richmond Law Review

Most discussions of the ethical problems confronting an attorney for the government refer primarily to the more obvious situations involving a potential conflict of interest, such as the offer of some substantial benefit from a private party having business with the government and seeking the aid or good will of the attorney. To be sure, these problems exist and should not be minimized. There are, however, problems with subtler over- tones (although they may involve substantially the same interests) which present ethical difficulties and which cannot be resolved neatly by reference to existing canons of ethics. Although it is not …

Recent Cases

University of Richmond Law Review

This is a summary of the case law from 1965.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1964-1965, 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 …

Foreword, William T. Muse

University of Richmond Law Review

This issue (the second of Volume 2) contains the first article contributed by an alumnus. The contribution of materials prepared by alumni is welcomed, however it continues to be the policy of the Law Notes that the primary responsibility for articles rests with the Faculty.

New Tricks For Old Dogs, Harry L. Snead Jr.

University of Richmond Law Review

On the first day of January, 1966, Virginia practitioners will receive a bagful of .new tricks. The UNIFORM COMMERCIAL CODE becomes effective in Virginia on that day. In adopting the Code during its 1964 legislative session Virginia became the twenty-ninth state to adopt the Code; the Virginia version of the Code follows, with but few exceptions, the official version sponsored by the Commissioners on Uniform State Laws.

Virginia's New "Long Arm" Statute, J. Westwood Smithers

University of Richmond Law Review

At its recent 1964 session, the General Assembly of Virginia enacted a statute which will widely expand the jurisdiction of our courts over nonresidents. The purpose of this brief editorial is to call attention to the new law, to provide a copy of it for our readers, and to make a few rather cursory comments on its significance.

Recent Cases

University of Richmond Law Review

This article is a summary of the case law that occurred in 1964.

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.

A Nation Without A Supreme Court, Jose M. Cabanillas

University of Richmond Law Review

The Constitution of the Confederate States of America, unanimously adopted on March 11, 1861, by the as- sembled delegates of the original seceding states and on June 19, 1861, by the state of Virginia, was for all practical purposes a copy of the Constitution of the United States. Its judicial provisions begin in Article III with the familiar-sounding phrase "The judicial powers of the Confederate States shall be vested in one supreme court and. . . ." There is no reason to believe that this phraseology was a blind copy of the older document, and that it was not the …

Fusion Of Libel And Slander-- Quaere, M. Ray Doubles

University of Richmond Law Review

Are certain written publications which were libelous per se at common law, still actionable as such in Virginia today under a count in common law libel?

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1963-1964, 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 …

Foreword, William T. Muse

University of Richmond Law Review

Five years ago when the first issue of the University of Richmond Law Notes was published, the hope was expressed that the articles in that number and the succeeding ones would be of practical value to the lawyers of Virginia. The Faculty of the Law School are gratified at the reception given the Law Notes. To serve the profession has been our main objective. However, from the beginning, plans were made for student participation in the preparation of the materials as well as in the business management of this publication.

Marketable Title On A Place In Space, D. Orville Lahy

University of Richmond Law Review

Space, it's wonderful! This modification of an oft-repeated cliche is intended in no way to dimnish the significance of mankind's yearning for peace since the beginning of time. It is, however, designed to focus attention on the conquest of space, mankind's twentieth-century contribution to what has come to be known as "progress". Contemporary writers characterize the era in which we live as the "space age" and there is every reason to believe that historians of the future will similarly record the twentieth century as -theepoch of man's mastery not only of transportation in space, but also of his dominion over …