Law Commons^™

The Danger Of Retaining A Will: A Virginia View, J. Rodney Johnson

Law Faculty Publications

The majority of American jurisdictions still continue the original common law concept of a statute of limitations that begins to run immediately upon the commission of a wrong, as contrasted with the more modern rule that a statute of limitations will not begin until such time as the injured party actually discovers the injury or, in the exercise of due diligence, should have discovered the injury. Those jurisdictions adopting the modern approach disregard what they refer to as the "technical" approach of the common law rule in order to focus on more fundamental concepts of justice instead. The issue, as …

Chapter 13: Its Operation, Its Statutory Requirements As To Payment To And Classification Of Unsecured Claims, And Its Advantages, David G. Epstein

Law Faculty Publications

This article will explore the operation of Chapter 13, the two major legal questions raised by the present Chapter 13, and the advantages of Chapter 13 over Chapter 7 and 11.

The Problem Of Public Pretense, Richard Stith

Law Faculty Publications

No abstract provided.

New Opportunities For Unions To Foster Equal Employment Opportunity, Seymour Moskowitz

Law Faculty Publications

No abstract provided.

The Jury As A Source Of Reasonable Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

The definition of a reasonable search has bedeviled the United States Supreme Court for some ninety years. Formal logic or legal reasoning assists the Court in tracing premise to conclusion, but does not alone suggest the initial premise. The Court's difficulty in fourth amendment cases, in general, lies in identifying the premise-the fundamental value which is embodied in this constitutional guarantee. The Court has recognized that this fundamental value, whatever it is, has an origin outside the language of the amendment, and the Court has considered sources such as history, popular consensus, natural law, and utilitarian balancing to find this …

Retail Store Employees Union Local 1001 V. Nlrb (Safeco Title Insurance Co.): Extending Tree Fruits To Protect Picketing Of Predominant Product Secondaries, Ann C. Hodges

Law Faculty Publications

The consumer product boycott is a traditional weapon employed by organized labor in disputes with employers. Picketing to solicit support from the public and other workers is also a traditional labor tactic. The legality of seeking support by combining these two methods--picketing a retailer to urge a consumer boycott of the primary employer's product-has been a source of disagreement among the Supreme Court, the United States Court of Appeals for the District of Columbia, and the National Labor Relations Board. The contested issue is whether picketing to instigate a product boycott on the premises of an employer with whom the …

Redemption Of Stock Under The Model Business Corporations Act And The Virginia Stock Corporation Act, Daniel T. Murphy

Law Faculty Publications

The Model Business Corporation Act (hereinafter the "Model Act") has been in existence for more than twenty-five years, and has served as the paradigm for the revised corporation statutes of approximately twenty-five states, including Virginia. Despite its age, certain of its provisions have been infrequently applied and interpreted in judicial opinions. One such set of provisions is that dealing with a corporation's right to redeem shares of its stock. The purpose of this article is to analyze the Model Act's provisions regarding the redemption of shares; and to review, in contrast thereto, the relevant provisions of the Virginia stock corporation …

Support Of The Surviving Spouse And Minor Children In Virginia: Proposed Legislation V. Present Law, J. Rodney Johnson

Law Faculty Publications

This article will examine the various economic needs of the typical family during both the probate and the post-probate periods. The discussion will be presented under three separate headings which, it is hoped, will help to identify the major areas of concern. These three major areas of concern are: (I) a family allowance-to defray the ordinary and necessary expenses associated with the maintenance of a household for the decedent's family during the probate period, (II) a right to exempt property-to insure the continued possession by the decedent's family of those articles of personal property that are indispensable to the maintenance …

The "Plain English" Trust, J. Rodney Johnson

Law Faculty Publications

Professor Johnson argues in favor of, and then provides an example of, a trust drafted in "plain English."

Of Crabbed Interpretations And Frustrated Mandates: The Effect Of Environmental Policy Acts On Pre-Existing Agency Authority, Carl W. Tobias, Daniel N. Mclean

Law Faculty Publications

When Congress passed the National Environmental Policy Act (NEPA) in 1969, the legislation was acclaimed as one of the most important environmental measures ever enacted. States soon followed the federal lead, so that by 1976 thirty jurisdictions had adopted statutes similar to the national legislation. The Montana legislature was in the vanguard, passing the Montana Environmental Policy Act (MEPA) in 1971.

The federal agencies now appear to have accepted full responsibility for implementation of NEPA, despite some initial reluctance. Several agencies contended at first that the statute did not authorize them to consider in decisionmaking any environmental factors not expressly …

The Preliminary Hearing: A Necessary Part Of Due Process, Andrea Lyon

Law Faculty Publications

No abstract provided.

Guaranteeing Solar Access In Virginia, W. Wade Berryhill

Law Faculty Publications

This article will address in order: the mechanics of a solar energy system; the problem of solar access; the traditional public and private remedies available at common law; Virginia's legislative response to the problem of assuring solar access; and some suggestions for the resolution of anticipated solar access conflicts in Virginia.

Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter N. Swisher

Law Faculty Publications

Within the past fifty years, there have been numerous articles written about the validity and enforceability of antenuptial agreements. Such agreements are generally favored by the law when prospective spouses privately contract to vary, limit, or relinquish certain rights which they would otherwise acquire in each other's property or in each other's estate by reason of their impending marriage. Traditionally, this antenuptial agreement is typically made by older people who are about to be remarried, and who have acquired considerable property from a prior marriage that they wish to control.

However, unless the antenuptial agreement provisions fall squarely within this …

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Limiting Congressional Denationalization After Afroyim, John Paul Jones

Law Faculty Publications

This Comment discusses the constitutional aspects of loss of United States citizenship. It contrasts expatriation with procedures developed by the state in treaty and statute for involuntary deprivation of citizenship. It distinguishes early judicial and legislative debate over the existence of a citizen's constitutionally guaranteed right to forfeit his citizenship with the twentieth-century controversy surrounding unilateral government action to denationalize. Examining existing statutes in light of recent Supreme Court decisions limiting congressional authority in this area, it suggests an analysis of contemporary statutory presumptions based upon the relationship of proscribed activity and allegiance.

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.

Note: Enforcing The Right To An "Appropriate" Education: The Education For All Handicapped Children Act Of 1975, John G. Douglass

Law Faculty Publications

Congress passed the Education for All Handicapped Children Act of 197 in response to the need for increased funding brought about by the widespread recognition by courts and state legislatures of the right of handicapped children to an adequate education. Although the Act sets forth general requirements states must meet in order to qualify for receipt of federal funds, it does not prescribe the specific educational programs local schools must make available in order to fulfill those requirements. Instead, the heart of the federal control mechanism is a system of procedural .safeguards which provides for parental involvement in educational placement …

The History Of Legal Education In Virginia, William Hamilton Bryson

Law Faculty Publications

Many methods of legal education have been used over the years. Each has its strengths and its weaknesses. The study of the past is instructive and useful in showing both the good and bad goals and methods. We must cultivate the good and uproot the bad. This study suggests that there has always been progress, slow but constant improvement. The teaching of law is vital to the administration of justice, a noble cause. The continuing challenge is ever to strive for the improvement thereof.

Notes On Virginia Civil Procedure, William Hamilton Bryson

Law Faculty Publications

This book is an outline of the introductory course on Virginia civil procedure which the author teaches at University of Richmond. The purpose of this publication is to give the students an introduction to the subject which can be read prior to the classroom discussion. It is a very brief sketch of the subject, but there are references in the footnotes to cases and statutes or to secondary works which give case references. The scope of my course and of this book excludes all federal law, criminal law and habeas corpus, evidence, creditors' rights, and probate proceedings; these matters are …

Clinical Education-A Golden Dancer?, W. Wade Berryhill

Law Faculty Publications

Clinical education is acclaimed by its advocates to be the salvation of the wayward and sick soul of the legal profession. Others, the staunch defenders of the more traditional academic methods, believing it to be nothing more than spit and sealing wax, shake their heads and murmur "is nothing sacred?" The purpose of this paper is to take a good "look behind the paint" of clinical education.

The Uniform Disposition Of Community Property Rights At Death Act: Virginia In 1979?, J. Rodney Johnson

Law Faculty Publications

The presence of community property in the estate of a Virginia domiciliary poses a series of problems that are being faced with increasing regularity by a growing number of Virginia attorneys. While Virginia has always followed the common-law system of property ownership, Virginia also adheres to the general rule that " (a) change of domicile from a state where the community property prevails to a commonlaw state does not affect the community character of property previously acquired".1 Thus, although Virginia's common-law system of property ownership will govern the property rights of married persons who have moved from a community property …

Proof Of Paternity - The New Test, J. Rodney Johnson

Law Faculty Publications

The true identity of a child's father has been the subject of speculation in many a case, literally speaking, as far back as the memory of man runneth. And, the rather obvious social problem giving occasion to this speculation refuses to remain a facet of our moral history. Indeed, if statistics relating to the number of illegitimate births in the United States can be viewed as a valid indicator of the magnitude of this problem of speculative paternity in contemporary times, the problem has never been greater.

Due Process Protections For Tenants In Section 8 Assisted Housing: Prospects For A Good Cause Eviction Standard, Mary L. Heen

Law Faculty Publications

...the Section 8 program was designed to attract private participation in a program of economically mixed housing, it poses special problems and obstacles to Section 8 tenants who, in the absence of HUD action, may turn to the courts for protection from arbitrary evictions. This article seeks to examine those difficulties and explore arguments for establishment of a Section 8 due process good cause eviction standard similar to that already judicially established for conventional public housing and for the FHA subsidized housing program.

Some Observations And Proposals On The Nature Of The Fourth Amendment, Ronald J. Bacigal

Law Faculty Publications

This article will analyze the fourth amendment from both the individual and limitation perspectives, and evaluate the desirability of each as a determinant of the reach of fourth amendment protection in specific situations. The individual perspective alone is an inadequate model to evaluate all interests relevant to fourth amendment problems.Conjunctive use of both perspectives, however, allows a complete and balanced analysis of the fourth amendment, and can eliminate the need to ponder such difficult questions as which expectations of privacy are socially justifiable and when an individual has waived his privacy rights. Although an accommodation between the two perspectives is …

The Right To Treatment, Adrienne E. Volenik

Law Faculty Publications

This article seeks to. trace the development of the right to treatment in the juvenile justice system from its origins to the present. This exposition does not represent an in-depth analysis of the concept. Instead it seeks to acquaint the reader with how the right has been interpreted as being applicable to various phases of the juvenile system. This is accomplished through a summary of individual cases.

The author does not intend to posit her views on the future role the right to treatment will play in the juvenile justice system or the influence that it will have on decision …

Toward Freedom From Value, Richard Stith

Law Faculty Publications

No abstract provided.

Review On The First Hundred Years: A Short History Of The School Of Law Of The University Of Virginia For The Period 1826-1926, William Hamilton Bryson

Law Faculty Publications

A book review on The First Hundred Years: A Short History of the School of Law of the University of Virginia for the Period 1826-1926 by John Ritchie.

Review On A Virginia Cause, William Hamilton Bryson

Law Faculty Publications

A book review on A Virginia Cause by B. Lamb.

Review Of Beverley Tucker: Heart Over Head In The Old South, William Hamilton Bryson

Law Faculty Publications

A book review on, Beverley Tucker: Heart over Head in the Old South, by Robert J. Brugger.

Intellectual Life In The Colonial South, 1585-1763, William Hamilton Bryson

Law Faculty Publications

A book review on, Intellectual Life in the Colonial South, 1585-1763, by Richard Beale Davis.