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Articles 1 - 30 of 60
Full-Text Articles in Law
The Cumulation Of The Abortion Reform Movement
The Cumulation Of The Abortion Reform Movement
University of Richmond Law Review
We forthwith acknowledge our awareness of the sensitive and emotional nature of the abortion controversy, of the vigorous opposing views, even among physicians, and of the deep and seemingly absolute convictions that the subject inspires. One's philosophy, one's experiences, one's exposure to the raw edges of human existence, one's religious training, one's attitudes toward life and family and their values, and the moral standards one establishes and seeks to observe, are all likely to influence and to color one's thinking and conclusions about abortion.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Constitutional Law-Private Discrimination Remains Intact
Constitutional Law-Private Discrimination Remains Intact
University of Richmond Law Review
As a result of the decision of the Supreme Court in the Civil Rights Cases in 1883, the principle has become firmly embedded in our constitutional law that the action inhibited by the first section of the fourteenth amendment is only such action as may fairly be said to be that of the states. "The amendment erects no shield against merely private conduct, however discriminatory or wrongful." Thus private conduct, no matter how discriminatory, in no way violates the equal protection clause of the fourteenth amendment unless the state, to some significant extent, becomes involved in this conduct.
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
Written Evidence In Administrative Proceedings: A Plea For Less Talk, Roger J. Corber
University of Richmond Law Review
The notion that talk is the absence of thought is more poetry than analysis. Nevertheless, lawyers know that all talk is not thought and that there is at least a grain of truth in the poet's logic. Some of the same logic may mercifully be applied to the proceedings of ad- ministrative agencies to test whether all the talk in such proceedings is necessary to a rational result and sound implementation of public policy.
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
Counsel Fees In Stockholders' Derivative And Class Actions-Hornstein Revisited, Douglas G. Cole
University of Richmond Law Review
In 1939, the first in a series of four comprehensive law review articles by Professor George D. Hornstein was published on the subject of the award of counsel fees in stockholders' derivative suits and corporate class actions. These articles highlighted equitable principles peculiar to such actions, previously not fully understood by either attorneys or the courts, which have made derivative and class actions extremely effective weapons in the battle for corporate democracy. Three very basic questions were posed and answered: 1) Who will pay for the attorneys fees and expenses incurred in such litigation? 2) What factors govern the award …
Federal Court Intervention In Pending State Criminal Prosecutions- The Significance Of Younger V. Harris
University of Richmond Law Review
The recent United States Supreme Court decision of Younger v. Harris along with its companion cases represent the most significant development in the area of federal-state court relations since the Court decided Dombrowski v. Pfister in 1965. Dombrowski created grave doubts over the continued validity of the long established public policy against federal court interference with state court proceedings. Civil libertarians were quick to seize upon the broad assertions in that case as support for their efforts toward expanding the concept of federal court intervention in state criminal prosecutions. Though the Court was given the opportunity to reconcile the conflicting …
Pretrial Discovery- Use Of A Party's Own Deposition
Pretrial Discovery- Use Of A Party's Own Deposition
University of Richmond Law Review
At common law depositions were admissible in evidence in ecclesiastical and equity courts but not in trials at law unless both parties consented. Today, the simple rules of the common law in this area have been entirely replaced by statutory law and Rules of Court. The recent Virginia case of King v. InternationalHarvester Co. is illustrative of the problems en- countered when courts have undertaken judicial interpretation of these codifications.
William Taylor Muse, Harold F. Snead
William Taylor Muse, Harold F. Snead
University of Richmond Law Review
When Dean William T. Muse departed this life on October 31, 1971, the University of Richmond and the Commonwealth of Virginia suffered a major loss. His many valuable contributions to the University of Richmond, especially the Law School, are a living monument to him. When he was appointed Dean of the Law School in 1947, he resolved to make it one of the finest law schools in the nation. Because of his outstanding legal and administrative ability, devotion to his duties and unimpeachable character, he accomplished his goal. The fact that the Centennial campaign for $500,000 was a success is …
The Assimilative Crimes Act
University of Richmond Law Review
An understanding of the Assimilative Crimes Act is necessary for any attorney who may one day find himself defending a client who has allegedly committed a criminal offense in an area under federal jurisdiction. At first blush, the lawyer may think that his client is clearly guilty and plan his defense around the creation of a reasonable doubt in the court's or jury's mind. However, in some instances, steps may be taken prior to a defense on the merits which would raise serious doubts as to the legality of the prosecution, and even if a conviction is forthcoming, objections might …
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
Constitutional Law-Loyalty Oaths-The United States Supreme Court Relaxes Its Stringent Safeguards
University of Richmond Law Review
Loyalty oaths have long been imposed upon citizens of both monarchies and republics as conditions precedent to the granting of certain governmental favors or to the withholding of certain punishments. But whether the oath is taken to gain a benefit or to avoid a criminal sanction, the aftermath of refusing to take a loyalty oath is that the citizen is penalized. This is not to suggest that a loyalty oath is dangerous per se, although some Justices of the United States Supreme Court have taken this view., Certainly a governmental body should not be denied the power to protect itself …
The Defendant In Jeopardy- Is Virginia Unique?
The Defendant In Jeopardy- Is Virginia Unique?
University of Richmond Law Review
The constitutional and statutory safeguards against a person being twice placed in jeopardy for the same offense are well known both to laymen and lawyers alike. What has gone largely unnoticed by the Virginia courts is the applicability of the doctrine of res judicata to the area of criminal law. It is the purpose of this comment to make the reader aware of the doctrine of res judicata as it applies to criminal cases and to attempt to clear up the confusion which has developed in this area of Virginia law.
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
Government Contracts For Subsurface Excavation: Misrepresentation And Change Of Conditions
University of Richmond Law Review
Throughout the current century, federal, state and local governments have engaged the services of private construction companies in an increasing number of governmental construction projects. Many of these projects, such as the construction of roads, tunnels, dams, bridges, and buildings, require, at least to some degree, subsurface excavation. This comment deals with some of the legal problems facing contractors and governmental agencies in such excavation, and suggests possible solutions to these problems.
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
Long Arm Jurisdiction- Transacting Business Means Minimum Contacts In Virginia
University of Richmond Law Review
Virginia's "long arm" statute is designed to increase the jurisdictional power of this state so as to provide adequate redress in Virginia courts against persons who inflict injuries upon or incur obligations to those in whose welfare this state has a legitimate interest. Section 8-81.2 (a) (1) of the Virginia Code vests the courts of this state with personal jurisdiction over a person who acts directly or by an agent as to a cause of action arising from that person transacting any business in this state. Recently the Virginia Supreme Court has construed this section to provide Virginia's courts with …
Insurance-Stacking-Multiple Recovery Permitted Under Single Policy Insuring More Than One Vehicle
Insurance-Stacking-Multiple Recovery Permitted Under Single Policy Insuring More Than One Vehicle
University of Richmond Law Review
"Pyramiding" or "stacking" as applied to an automobile insurance policy covering more than one vehicle occurs when a claimant under the provisions of a policy is permitted to aggregate the limits of the units of coverage in that policy to satisfy a claim against the insurer. This enables a maximum possible recovery of a sum equal to the declared limits of the insurer's liability multiplied by the number of vehicles covered under the policy. The Virginia Supreme Court has previously applied the concept of stacking to a claim under the medical payments coverage provision of a multi-car policy. In two …
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
University of Richmond Law Review
The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …
Search And Seizure- The Inventory Search Of An Automobile
Search And Seizure- The Inventory Search Of An Automobile
University of Richmond Law Review
The fourth amendment to the United States Constitution protects the right of an individual to be free in his person and effects from unreasonable search and seizure. The drafters of the provision had fresh memories of the disregard for their individual liberties and sought to place definite restrictions on the activity of government officials. Their fear of the general warrant prompted them to further provide that any warrant be issued only upon probable cause determined by a magistrate and limited in scope. The interpretation of the mandate of the amendment has been that all searches conducted without a warrant issued …
Enforcing Security Interests In Consumer Goods: Some Notes On The Vicious Cycle, Richard E. Speidel
Enforcing Security Interests In Consumer Goods: Some Notes On The Vicious Cycle, Richard E. Speidel
University of Richmond Law Review
The Uniform Commercial Code (UCC), now effective everywhere except Louisiana, is conspicuously neutral on consumer protection issues, leaving these matters to other laws, if any, in the adopting state. In the past few years, considerable pressure for reform of the consumer credit transaction has been manifested. One example of proposed re- form is the Uniform Consumer Credit Code (UCCC), approved by the National Conference of Commissioners on Uniform State Laws and the American Bar Association, and recommended for adoption by the several states.
Recent Legislation, J. Rodney Johnson
Recent Legislation, J. Rodney Johnson
University of Richmond Law Review
The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
Constitutional Law-The Indigent Misdemeanant's Right To Counsel
University of Richmond Law Review
In accordance with the provisions of the federal and most state constitutions, a person accused of a crime has the right to be heard and to be assisted by counsel in his defense. However, not until 1932 was the right to counsel for indigent criminal defendants recognized by the Supreme Court of the United States, and the extent of this right has remained unclear for forty years.
Constitutional Law - Search And Seizure - Magnetometer As Search
Constitutional Law - Search And Seizure - Magnetometer As Search
University of Richmond Law Review
As a result of the great number of airborne hijackings and in an attempt to prevent them, the United States Government has developed a "system for discouraging and apprehending potential hijackers" that includes the use of a metal detecting device known as a magnetometer. The constitutional validity of the use of this device recently has been questioned in regard to the fourth amendment right against unreasonable searches and seizures in the case of Epperson v. United States.
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
The Abolition Of Dower In Virginia: The Uniform Probate Code As An Alternative To Proposed Legislation, J. Rodney Johnson
University of Richmond Law Review
Elsewhere in the pages of this issue the reader will find a discussion of some of the more important legislation enacted by the 1972 session of the General Assembly of Virginia.' This article is concerned with one of the bills that did not pass-the bill to abolish dower and curtesy. Why all this concern with a dead bill, especially since the dower problem is one of long standing which has sustained attacks before? The answer is that the forces of opposition have grown stronger each year among Virginia lawyers. The Virginia Advisory Legislative Council has recommended the conversion of dower …
Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.
Some Reflections On Free Entry And The Rate Ceilings Under The Uniform Consumer Credit Code, Frank W. Smith Jr.
University of Richmond Law Review
"Consumer protection" in recent years has become one of the great populist concerns, particularly in the area of consumer credit. As one should expect, however, there has been no unanimity as to who should be protected from what, or from whom, nor as to the means of providing such protection. Some feel that consumer protection still means "self-protection" in the existing system-let the buyer beware-and view consumer education in a broad sense as perhaps the most important aspect of providing protection. Others view consumer protection as a matter outlawing or regulating abusive practices and giving the consumer more rights. Some …
Warranties-Implied Warranties Of Fitness And Merchantability Held Applicable To The Sale Of Electricity As A Service
University of Richmond Law Review
The Uniform Commercial Code has had a great influence on the development of the doctrine of implied warranties in the sale of goods. However, where a transaction primarily involves the sale of services rather than products, the application of implied warranties under the Code is questionable. The technical requirement of a sale has been the principal obstacle to recovery for breach of implied warranty in the area of service contracts when the rendition of service predominates and the transfer of personal property is incidental to the transaction. Although the sale of goods is not the only transaction in which implied …
Housing - Virginia Attacks Blockbusting
Housing - Virginia Attacks Blockbusting
University of Richmond Law Review
Discrimination in housing along racial, religious, ethnic, and class lines has long been a problem in the United States. The most widespread methods of housing discrimination have included preferential advertising, soliciting, and showings in housing sales and rentals. In recent years another type of discriminatory scheme, commonly referred to as blockbusting,' has surfaced. Blockbusting has been defined as "the practice of inducing owners of property to sell because of the actual or rumored advent into the neighborhood of a member of a racial, religious or ethnic group." Typically, the blockbuster preys upon the fears and prejudices of white property owners …
Wrongful Death-"Child" As Used In Wrongful Death Statutes Includes Unacknowledged Posthumous Illegitimate
University of Richmond Law Review
"With liberty and justice for all" is a familiar phrase upon which the American system of jurisprudence is founded. Yet society has been slow to allow a large number of its citizens to enjoy the benefits of such equal justice. Exemplifying this inconsistency is the stigma that envelops illegitimacy. "Illegitimacy is a way of life-a second-class way of life, imposed not only by the fact of birth outside a family, but by law as well." The fact that society has accepted and continues to accept this legislatively enforced discrimination against illegitimate children, while favoring legitimate children, may rest on the …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
From The Editors
University of Richmond Law Review
The Editors of the Review dedicate this issue to the memory of Dean Muse, whose recent death has brought to a close an important era in the life of this Law School. Even amidst the sadness of his passing and the uncertainties associated with a change of leadership, there is an atmosphere of quiet excitement in anticipation of the school's future. Whatever the future may hold, it may be said that the Law School's past is a monument to the devoted efforts of Dean Muse.
A Tribute To Dean William Taylor Muse, M. Ray Doubles
A Tribute To Dean William Taylor Muse, M. Ray Doubles
University of Richmond Law Review
William Taylor Muse - an excellent student, a great teacher, a cooperative member of the faculty, a distinguished Dean, a loyal alumnus, a dedicated public servant, a close friend, a Christian gentleman-this in a nutshell is my recollection of the man I knew intimately for forty-three years.
Dean William Taylor Muse- An Appreciation, George M. Modlin
Dean William Taylor Muse- An Appreciation, George M. Modlin
University of Richmond Law Review
William Taylor Muse was a dedicated man-dedicated to his family, his church, and his University. From the day in 1924 when he enrolled in the University of Richmond until his untimely death on October 31, 1971, except for two brief periods, he devoted his life and his loyalty to the University as a student, professor, and dean. Although his primary interest was the Law School, he was -ever concerned about the general welfare of the total University and was always more than willing to serve it in any capacity. For years he was a member of the important Board of …
William Taylor Muse- "The Dean", John W. Edmonds Iii
William Taylor Muse- "The Dean", John W. Edmonds Iii
University of Richmond Law Review
It is hard to discuss William Taylor Muse, or The Dean as he was known to most of us, without using superlatives in what would appear to the uninitiated a super abundance. William T. Muse was many things-a devoted husband and father, an ardent Baptist, an enthusiastic and constant fan of athletics at the University of Richmond, a recognized scholar and legal author, a teacher of law for forty years, secre- tary and president of the Virginia State Bar Association, and a Sunday School teacher for most of his adult life. To most of us, he was pri- marily two …