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Articles 1 - 30 of 37
Full-Text Articles in Law
Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes
Understanding Judicial Review Of Federal Agency Action: Kafkaesque And Langdellian, Gary C. Leedes
University of Richmond Law Review
This article identifies the key factors that are taken into consideration by federal judges empowered to apply and give doctrinal content to the rules governing judicial review. The original inspiration was more modest. The article, as conceived, was to be simply an attempt to clarify the concept of reviewability. After some thinking about the topic, the close relationship between the concept of reviewability and other concepts of judicial review became clearer to me, and I decided that a useful antidote to the customary analysis, which emphasizes distinctions among these various concepts, is to emphasize their similarities.
Take-Over Bid Disclosure Act, Elliott H. Dejarnette
Take-Over Bid Disclosure Act, Elliott H. Dejarnette
University of Richmond Law Review
The recent changes in the Take-Over Bid Disclosure Act by the General Assembly in its 1978 session are essentially a return to the shorter time limit requirements that existed prior to the 1977 amendment to the Virginia Code. As before, the offeror company which is contemplating a take-over of another corporation's stock [hereinafter referred to as the target corporation] must file with the State Corporation Commission [hereinafter referred to as SCC] and with the registered agent of the target corporation a statement which contains all information required by § 13.1-531(b). This filing must be made twenty days prior to such …
Prepaid Legal Services: A New Frontier, Joseph R. Winston
Prepaid Legal Services: A New Frontier, Joseph R. Winston
University of Richmond Law Review
During its 1978 regular session, the Virginia General Assembly continued its efforts to regulate prepaid legal services. Enacted was a bill designed to regulate certain legal services plans not covered by Virginia or federal statute.
Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.
Judge Robert R. Merhige, Jr. - Strict Constructionist Weathers The Storm, Paul K. Campsen, P. Christopher Guedri, Jennings G. Ritter Ii, Edward H. Starr Jr.
University of Richmond Law Review
On August 27, 1967, Robert R. Merhige, Jr., was commissioned as a United States District Court Judge for the Eastern District of Virginia, the embarkment upon what many members of the legal community have labeled a controversial judicial career. However, examination of Judge Merhige's numerous decisions reveals that his image as a disputatius public figure has been more than a function of his flare for vehemently enforcing pronouncements and policies of the Supreme Court. The man, who created fervor throughout this state and the South with his publicly chastised busing decisions of the early 1970s, has been a victim of …
Dissenting Stockholders' Rights In Virginia: Exclusivity Of The Cash-Out Remedy And Determination Of "Fair Value", Howard T. Macrae Jr.
Dissenting Stockholders' Rights In Virginia: Exclusivity Of The Cash-Out Remedy And Determination Of "Fair Value", Howard T. Macrae Jr.
University of Richmond Law Review
Until relatively recent times, the generally accepted rule was that a corporation could not merge, consolidate or sell all of its assets without the unanimous consent of its stockholders. Each stockholder was accordingly vested with an individual right of veto over any such corporate action from which that stockholder might dissent. In order to eliminate this shackle on corporate activity, state legislatures enacted legislation permitting corporations to enter into such so-called "extraordinary transactions" as mergers, consolidations and sales of all or substantially all of the corporate assets upon some specified majority vote of all of its stockholders. The price extracted …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for the Volume 12 Law Review.
Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce
Does Virginia Deny Indigents The Right To Divorce?, Jackson M. Bruce
University of Richmond Law Review
The United States Supreme Court in Boddie v. Connecticut held that a state denies due process of law to indigent persons by refusing to permit them to bring divorce actions except on payment of court fees and service-of-process costs. Virginia allows a waiver of court fees by its in forma paupersstatute, Va. Code Ann. § 14.1-183 (Repl. Vol. 1977), but the Commonwealth continues to require indigents to serve by newspaper publication any non-resident defendant who otherwise cannot be served. Newspaper publication costs in the city of Richmond approximate $150. This practice directly confronts the Boddie mandate that ". . . …
Clinical Education-A Golden Dancer?, W. Wade Beryyhill
Clinical Education-A Golden Dancer?, W. Wade Beryyhill
University of Richmond Law Review
Before any revealing analysis of clinical education can take place, it is necessary, as well as helpful, to look briefly at the history and criticisms of legal education which spawned the emphasis in clinical programs. These efforts will be followed by an analysis of the recent clinical movement. The most predominant American law school programs generally termed "clinical" experience will be identified, described and critiqued. Section four of this article discusses the results of the author's survey QUESTIONNAIRE: Classroom Teaching Techniques and Programsof ClinicalEducation.Deans, or clinical faculty members if the law school had an ongoing clinical program, plus certain law …
Virginia's Law Of Sovereign Immunity: An Overview, James A. Willett
Virginia's Law Of Sovereign Immunity: An Overview, James A. Willett
University of Richmond Law Review
The immunity of a sovereign and its agents from liability for tortious conduct has long been a part of our common law. Its origin seems to be based on "the theory, allied with the divine right of kings, that 'the King can do no wrong', together with the feeling that it was necessarily a contradiction of his sovereignty to allow him to be sued as of right in his own courts." More modern justifications include the desire to limit judicial interference with the workings of government. Naturally this desire has left may wrongs unredressed. Thus, the law has been forced …
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
Uniform Child Custody Jurisdiction Act, Emily M. Trapnell
University of Richmond Law Review
A significant piece of legislation, the Uniform Child Custody Jurisdiction Act, introduced for the second time in 1978, has been held over for consideration by the 1979 General Assembly. Passed by the Senate in 1977, the bill implementing the Act was killed in the House that year because, according to the bill's patron, Senator Joseph V. Gartlan, Jr., the short session in 1977 failed to provide sufficient time for House members to study the legislation. But Senator Gartlan is optimistic about the bill's chances in 1979 and this Comment proposes not only to explicate the major provisions of the Act …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
The Professional Corporation: An Overview, Halford I. Hayes
The Professional Corporation: An Overview, Halford I. Hayes
University of Richmond Law Review
The purpose of this comment is to provide a newly formed, moderate-sized legal firm or the beginning legal individual practitioner with a broad overview of the benefits and problems that a professional corporation [hereinafter PC] offers when compared to a partnership or individual proprietorship structure. The emphasis here will be on the availability of in-depth material in the field along with the governing Internal Revenue Code and Treasury Regulations sections.
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
Inheritance Rights Of Children In Virginia, J. Rodney Johnson
University of Richmond Law Review
The rights of children to succeed to a deceased ancestor's property interests in Virginia are treated in some fifteen separate sections of the Virgina Code. The first of these sections was contained in Virginia's original code of descent and distribution which was enacted in October, 1785, and the last of these sections was enacted by the 1974 session of the General Assembly. When one considers that these fifteen sections were enacted over a period of 189 years, as the result of legislation introduced by various individuals who were at any given time focusing on a particular portion of this larger …
Dissolution, Forfeiture, And Liquidation Of Virginia Corporations, Joel D. Gusky
Dissolution, Forfeiture, And Liquidation Of Virginia Corporations, Joel D. Gusky
University of Richmond Law Review
Article 7 of Virginia's Corporation Code, under the general heading of "dissolution", describes the various methods by which corporate existence terminates in Virginia. Although Article 7 speaks in terms of dissolution per se, in reality there are three separate and distinct forms of dissolution: (1) voluntary dissolution, (2) forfeiture, and (3) liquidation of the corporation by a court of equity upon the petition of either the stockholders or the creditors of the corporation sought to be dissolved. Each section is sui generis and has certain procedures which incorporators, the State Corporation Commission (Commission), stockholders, or creditors must follow in order …
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
Enforcement Of Occupational Safety And Health Laws In Virginia: A New Beginning, Anthony F. Troy, Robert D. Perrow
University of Richmond Law Review
Preempted in 1972 from enforcing its laws and regulations pertaining to employee safety and health by the Occupational Safety and Health Act of 1970 (OSHA), Virginia resumed enforcement activities on January 1, 1977, implementing, pursuant to the provisions of the Federal Act, a unique developmental State Plan. Virginia's resumption of enforcement activity in the area of job safety and health culminated a difficult four-year effort by the legislative and executive branches of Virginia government to gain recognition from the United States Department of Labor that her regulations and the method for enforcing the regulations were "at least as effective" as …
Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips
Warrantless Searches Of Automobiles In Virginia, Keith L. Phillips
University of Richmond Law Review
Most people consider automobiles to be a safe place to store personal effects. But just as innocent articles can be kept in automobiles, so can contraband or other evidence of crime. Thus, courts have had to apply the law of search and seizure-which once spoke primarily to the security of the home-to a new setting. The courts treatment has not always been consistent. With a proper warrant, the search of an automobile is valid; but the more perplexing question is, "When is such a search valid without a warrant?" This comment attempts to answer that question, in part, by surveying …
The Fate Of Non-Compliant Municipalities With Regard To The Secondary Treatment Standards Pursuant To The 1972 Federal Water Pollution Control Act Amendments- A Problem Of Enforcement, Tom Bondurant
University of Richmond Law Review
Water pollution is a dualistic problem which concerns both water quality and adequacy of supply of water. The failure to maintain a certain standard with regard to quality and/or adequacy leads to detrimental effects in such areas as domestic water supply, industrial water supply, agricultural water supply, wildlife watering, propagation of marine life, recreational activities, and aesthetic enjoyment.
Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus
University of Richmond Law Review
This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …
The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford
The Virginia Law Reporters Before 1880 By W. Hamilton Bryson, Mcdonald Wellford
University of Richmond Law Review
The Virginia Bench and Bar are uniquely fortunate in having the early corpus juris of the Commonwealth as recorded in ColonialDecisions, Virginia Decisions and the Virginia Reports. Due to the documents of our nation's birth students of history are fully aware of Virginia's contribution to the establishment of our country. Relatively few individuals, however, recognize the significant contributions made by several of the authors of these documents toward compiling and recording for posterity the decisions of the Commonwealth's highest court.
Subdivided Land Sales Act, Elliott H. Dejarnette
Subdivided Land Sales Act, Elliott H. Dejarnette
University of Richmond Law Review
In response to a committee study on the sale of recreational property, the 1978 Virginia General Assembly passed the Subdivided Land Sales Act. This act is designed to control the typical recreational land developer whose development consists of a hundred or more lots, part of which are sold by land sales installment contracts pursuant to a common promotional plan and where the purchasers are to have the use of and access to common facilities and amenities for which they pay annual assessments. It is estimated that there are over three hundred and fifty such recreational developments already existing in Virginia. …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Effect Of Virginia Workmen's Compensation Act Upon The Right Of A Third-Party Tortfeasor To Obtain Contribution From An Employer Whose Concurrent Negligence Caused Employee's Death Or Injury, Robert I. Stevenson
University of Richmond Law Review
The Supreme Court of Virginia has never been asked to determine a third party's contribution rights where his negligence has combined with that of an employer to cause personal injury to an employee covered by the Virginia Workmen's Compensation Act [hereinafter referred to as the Act]. Although the question is a novel one in Virginia, courts in other jurisdictions have coped with the problem and have arrived at diverse solutions. At the outset, a brief review of the Act and of the Virginia contribution statute seems appropriate.
Choice Of Law: The Abandonment Of Lex Loci Delicti--Should Virginia Follow The Trend?, Thomas J. Cavuto
Choice Of Law: The Abandonment Of Lex Loci Delicti--Should Virginia Follow The Trend?, Thomas J. Cavuto
University of Richmond Law Review
One of the great virtues of the common law is its dynamic nature that makes it adaptable to the requirements of society at the time of its application in court. There is not a rule of the common law in force today that has not evolved from some earlier rule of common law, gradually in some instances, more suddenly in others, leaving the common law of today when compared with the common law of centuries ago as different as day is from night. The nature of the common law requires that each time a rule of law is applied it …
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
A Technical Look At The Eighty Per Cent Rule As Applied To Employee Selection Procedures, Jacob Van Bowen Jr., C. Allen Riggins
University of Richmond Law Review
In litigation under Title VII of the Civil Rights Act of 1964, statistical data has been referred to as "the only game in town." This characterization only slightly overstates the importance of statistical data to prove or rebut a case of employment discrimination. In the first decade of Title VII litigation, statistical analysis in the courts was relatively uncomplicated, sometimes involving a mere recital of percentage differences or lack thereof between minority and majority classes. In recent years, however, courts and Title VII litigants have begun to take a more sophisticated view of the use of statistics in Title VII …
The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred
The International Reach Of United States Antitrust Law And The Significance Of Timberlane Lumber Co. V. Bank Of America, Richard D. Allred
University of Richmond Law Review
The United States Congress clearly has the power to regulate commerce within its territorial boundaries and with foreign nations, pursuant to Article I, Section 8 of the Constitution. However, implementation of the framers' policy decision to protect American markets and provide an open economic atmosphere has created a myriad of problems and questions with the overwhelming rise of multinational corporations internationally and domestically. In early attempts to deal with anti-competitive forces, Congress in 1890 enacted the Sherman Anti-trust Act. In addition to its efforts in 1890, Congress has periodically responded to international and domestic antitrust needs. The Clayton Act of …
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell
University of Richmond Law Review
Through the years, the Supreme Court has emphasized numerous times that "[t]he heart of our national economic policy long has been faith in the value of competition." Indeed, this principle was reiterated last Term. Crucial to economic competition are the anti-trust laws, especially the Sherman Act.
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
The "Tender Years" Doctrine In Virginia, Deborah M. Russell
University of Richmond Law Review
In several recent decisions in the domestic relations area, the Virginia Supreme Court has significantly altered the "tender years" doctrine to afford fathers more rights in custody of their young children. This aspect of child custody litigation is actually a corollary of the overall maternal preference rule in resolving custody disputes between natural parents. Specifically, the doctrine purports that the mother is the natural custodian of her children of "tender years," and that she should not be denied custody if she is a fit and proper person. This comment will focus primarily upon the evolution of this concept in Virginia. …
Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell
Obtaining Jurisdiction Over Corporations In Virginia, Robert E. Draim, Emily M. Trapnell
University of Richmond Law Review
A working familiarity with the jurisdictional principles and procedures involved in initiating legal proceedings against both domestic and foreign corporations is essential to the successful resolution of the issues involved in such corporate litigation. The important individual and societal interests involved in corporate litigation highlight the necessity of bringing the corporate defendant within the jurisdiction of the state's courts.
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
Federal Court Rules Virginia Law Allows Evidence Of Non-Use Of Seat Belt, William H. Robinson Jr., Richard Cullen
University of Richmond Law Review
A pretrial evidentiary ruling by a Virginia federal district court judge in an automobile crashworthy products liability case permits the manufacturer-defendant to introduce evidence of non-use of a seat belt on the issue of damages.
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
Miranda V. Arizona: The Emerging Pattern, Evelyn G. Skaltsounis
University of Richmond Law Review
In Miranda v. Arizona, the United States Supreme Court set forth a series of specific guidelines to determine the admissibility at trial of statements elicited during police interrogation of a criminal suspect. Since 1971, the Burger Court has whittled away at the mandates of Miranda. It is possible that one major factor underlies this erosion process: the very frustrating reality that, in many situations, an obviously guilty party is allowed to go free because "the constable has blundered."