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Articles 1 - 26 of 26
Full-Text Articles in Law
The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey
The Dead Hand Loses Its Grip In Virginia: A New Rule For Trust Amendment And Termination?, Jessica L. Lacey
University of Richmond Law Review
The majority rule in America for the amendment and termination of trusts was first adopted in Claflin v. Claflin and came to be known as the Claflin Doctrine. This rule states that "a testator has a right to dispose of his own property with such restrictions and limitations, not repugnant to law, as he sees fit, and that his intentions ought to be carried out, unless they contravene some positive rule of law, or are against public policy." In effect, the Claflin Doctrine is codified in the Restatement (Second) of Trusts, which states that trust beneficiaries cannot compel a trust's …
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
Annual Survey Of Virginia Law: Administrative Law, James N. Christman
University of Richmond Law Review
This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.
Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander
Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander
University of Richmond Law Review
This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
Annual Survey Of Virginia Law: Bankruptcy Law, Michael A. Condyles
University of Richmond Law Review
This survey article reviews and analyzes legislative and judicial developments that have occurred in bankruptcy law between April 1989 and April 1991. This article intends to alert the general practitioner to significant recent developments in the bankruptcy area. The article focuses on legislative changes that have been made to the Bankruptcy Code and to Virginia statutory law, along with federal bankruptcy decisions issued within the Fourth Circuit. Where appropriate, Virginia state court cases dealing with bankruptcy issues are also addressed.
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill
University of Richmond Law Review
This article will review recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion will include legislative amendments to the Code of Virginia ("Code") by the General Assembly promulgated in 1990 and the first half of 1991, as well as important cases on construction law decided by Virginia's state and federal courts for the last half of 1989, 1990, and the first half of 1991.
Annual Survey Of Virginia Law: Augmented Estate System: An Overview, J. William Gray Jr.
Annual Survey Of Virginia Law: Augmented Estate System: An Overview, J. William Gray Jr.
University of Richmond Law Review
The New Year 1991 will bring in an entirely new system of property rights for surviving spouses in Virginia. As of the end of 1990, the centuries-old concepts of dower and curtesy will disappear from the Code of Virginia (the "Code"). The current will renunciation and spouse's election provisions of estate law also will be scrapped. House Bill No. 808 replaces those historic concepts with an "augmented estate" system modeled after the Uniform Probate Code (the "U.P.C."), but having several features unique to the Commonwealth. This article examines the mechanics of the new system, with particular emphasis on features that …
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
Annual Survey Of Virginia Law: Creditors' Rights, Joseph E. Ulrich
University of Richmond Law Review
This article addresses developments in Virginia creditors' rights from April 1988 to April 1989. It is aimed at the non-specialist who nonetheless handles creditors' rights problems in practice. The following will describe the more important holdings and offer some comments about these holdings.
The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
University of Richmond Law Review
The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible. Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people …
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
University of Richmond Law Review
A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
Annual Survey Of Virginia Law: Medical Malpractice The Year In Review, Phillip C. Stone, Charles F. Hilton
University of Richmond Law Review
In its 1989 session, the General Assembly amended several medical malpractice statutes. Perhaps the most important changes expanded the definition of "health care provider" under the Medical Malpractice Act (the "Act"), and clarified the qualification requirements for expert witnesses.
Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas
Stacking Of Uninsured And Underinsured Motor Vehicle Coverages, John G. Douglass, Francis E. Telegadas
University of Richmond Law Review
Often, the first question asked by a plaintiff's attorney in evaluating a serious automobile accident case is, "How much insurance coverage is available?" That same question can pose perplexing issues for defense attorneys or insurance counsel in assessing a client's exposure to liability. In Virginia, these questions often re- quire the attorney to consider the application of Virginia's Uninsured Motorist statutes and the import of "stacking" of coverage.
Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii
Annual Survey Of Virginia Law: Health Care Law, Heman A. Marshall Iii
University of Richmond Law Review
Health care law has proven to be a fertile ground for both legislative and judicial activity. The field covers a wide range of legal concerns including regulatory issues such as the Virginia Certificate of Public Need laws, hospital licensure statutes, antitrust issues as they relate to the activities of physicians, hospitals and other health care related institutions, as well as basic issues of contract and tort law. The recent year witnessed substantial legislative and judicial changes. This article discusses these changes as they affect hospitals, physicians and other participants in the health care industry in the Commonwealth of Virginia.
Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin
Annual Survey Of Virginia Law: The Rules Of Court For The General District Courts Of Virginia, J. R. Zepkin
University of Richmond Law Review
In the spring of 1986, a proposal was made to the Advisory Committee on the Rules of Court to the Judicial Council of Virginia (the "Advisory Committee") for a reorganization and review of the Rules of Court for the general district courts. The Advisory Committee authorized the creation of a subcommittee.
Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter
Appellate Delay As A Catalyst For Change In Virginia, Julie M. Carpenter
University of Richmond Law Review
A Virginia citizen injured in an automobile accident in 1988 who is denied compensation through trial court error will wait an average of 1,165 days (3.2 years) after trial for the Supreme Court of Virginia to rectify the matter. Of course, that wait is only for the seventeen percent of cases that the supreme court elects to review, since Virginia is one of the only states that grants no right of appeal in most civil and criminal cases. By way of limited contrast, a civil appeal in the North Carolina Supreme Court averages be- tween 241 days and 257 days. …
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
During 1986-1987, Virginia evidence law has been expanded and clarified. The Court of Appeals has proved to be an important source of evidentiary decisions, and the Supreme Court of Virginia has provided needed guidance in several areas.
Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher
Annual Survey Of Virginia Law: Domestic Relations, Peter N. Swisher
University of Richmond Law Review
The Virginia Premarital Agreement Act applies to any premarital agreement executed on or after July 1, 1986. The Act basically allows the parties prior to marriage to contract regarding: (1) the right to manage and control property, whenever and wherever acquired or located; (2) the disposition of property upon separation, marital dissolution, divorce, death, or the occurrence or nonoccurrence of any other event; (3) spousal support; (4) the making of a will, trust, or other agreement; (5) life insurance ownership rights; (6) the choice of law governing the agreement; and (7) "any other matter, including their personal rights and obligations, …
Annual Survey Of Virginia Law: Taxation, Carle E. Davis
Annual Survey Of Virginia Law: Taxation, Carle E. Davis
University of Richmond Law Review
In an effort to coordinate Virginia's income tax with the federal income tax as amended by the federal Tax Reform Act of 1986, the Virginia General Assembly passed several bills amending the individual and corporate income tax provisions of title 58.1 of the Code of Virginia (the "Code"). In addition, the General Assembly enacted several miscellaneous bills, the most important of which covered changes to the sales and use tax and the real estate and recordation taxes.
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
Obstacles To Holding A Parole Official In Virginia Liable For The Negligent Release Or Supervision Of A Parolee, Diane Miller Lowder
University of Richmond Law Review
With the continuing problem of overcrowded prisons, parole board officials have been under increasing pressure to release prisoners before the natural termination of their sentences. As a consequence, the public suffers the risk that the parolee, once released, will commit a violent crime. If this should occur, the question then becomes whether the injured individual can, as a result, hold the parole board civilly liable for the negligent release or supervision of the parolee.
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
Annual Survey Of Virginia Law: Civil Procedure And Practice, W. Hamilton Bryson
University of Richmond Law Review
This article considers recent statutes and case law in the field of Virginia civil procedure and practice. Since it has been several years since the last similar effort was published, this essay will take notice of the developments which have taken place from 1983 to May 1985. Much of the case law to be mentioned is pre-1983 trial court material, but since it was only recently published, it will be useful to have it included here. This is especially so since most points of civil procedure and practice, being harmless error, are not often considered by the Virginia Supreme Court …
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
University of Richmond Law Review
This comment was prompted by the 1979 enactment of Section 8.01- 35.1 of the Code of Virginia, which changed the law in Virginia regarding the release of, and contribution among, joint tortfeasors. Contribution statutes such as section 8.01-35.1 provide an equitable remedy for the problem of unjust enrichment (or, more accurately, unequal punishment) whenever one of several joint tortfeasors pays more than his ratable share of a claim. There has been considerable debate concerning the retroactive effect of these statutes-that is, whether a newly promulgated contribution statute can be applied retroactively to affect a claim which arose before the statute …
Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding
Post-Parham Remedies: The Involuntary Commitment Of Minors In Virginia After Parham V. J.R., Willis J. Spaulding
University of Richmond Law Review
This case raises the most important question of every child's constitutional right to liberty, not only the liberty that includes freedom from bodily restraint [citation omitted], but also the liberty that includes the freedom of an ordinary, every-day child in these United States of America-the freedom to live with mothers, fathers, brothers, and sisters in whatever the family abode may be; the freedom to be loved and to be spanked; the freedom to go in and oat the door, to run and play, to laugh and cry, to fight and fuss, to stand up and fall down, to play childish …
Closing The Closing Gap, James G. Cosby
Closing The Closing Gap, James G. Cosby
University of Richmond Law Review
It has been twenty-six years since Professor (now Dean) Emerson G. Spies of the University of Virginia School of Law first called for much-needed basic reform in the conveyancing of real property. Professor Spies suggestions centered around the need for a Marketable Title Act, tract indexes, and the development and use of standards for title examination.
Animal Cruelty Laws: The Case For Reform, Charles E. Friend
Animal Cruelty Laws: The Case For Reform, Charles E. Friend
University of Richmond Law Review
If, as Justice Arnold suggests in the foregoing quotation, our animal protection laws are indicative of the level to which "the justice and benevolence of men" has risen, then truly the human race is in sad shape. An examination of the history of the subject clearly reveals that man's inhumanity to man is exceeded only by man's inhumanity to animals. The popular image of animal existence fostered by innumerable Walt Disney movies and a plethora of children's books is so far removed from reality that it borders on the fraudulent. The fact is that neglect, torture and destruction of helpless …
Ancient Simplicity Is Gone- Procedural Aspects Of Relief From Taxes Administered By The Virginia Department Of Taxation, Lee F. Davis Jr.
Ancient Simplicity Is Gone- Procedural Aspects Of Relief From Taxes Administered By The Virginia Department Of Taxation, Lee F. Davis Jr.
University of Richmond Law Review
The Virginia Supreme Court has referred to "the convenience, elasticity and fairness" of the Virginia procedure for the correction of erroneous assessments of taxes. Few would add "clarity" to this description, yet the statutory remedies, however complicated, are usually the only source of relief for the taxpayer.
The Kent Case And Juvenile Courts In Virginia, Kermit V. Rooke
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 …
Alimony, Property Division, And The Modem-Day Wife, Harry L. Snead Jr.
Alimony, Property Division, And The Modem-Day Wife, Harry L. Snead Jr.
University of Richmond Law Review
Two Virginia cases prompt this note: In one the court was concerned with alimony and a working wife (Baytop v. Baytop) the other involved a property settlement between. a husband and a working wife who had used her inheritance to purchase real estate. (Smith v. Smith).