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Articles 1 - 30 of 52
Full-Text Articles in Law
State Environmental Protection Versus The Commerce Power, K. Dennis Sisk
State Environmental Protection Versus The Commerce Power, K. Dennis Sisk
University of Richmond Law Review
As commerce and industry have invaded once virgin lands and waters in an era of heightened environmental consciousness, increasing numbers of state legislatures have responded with strict environmental protection measures. Environmental protection is unquestionably a legitimate state interest, but such measures often impede the flow of interstate commerce. This article addresses the tension between state environmental protection statutes and the federal constitution's commerce clause. The essential thesis is that traditional commerce clause analysis has not been applied with sufficient sensitivity to adequately reconcile state environmental interests with federal commercial interests.
Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider
Copyright Implications Attendant Upon The Use Of Home Videotape Recorders, Sandra Gross Schneider
University of Richmond Law Review
Copyright is the Cinderella of the law. Her rich older sisters, Franchises and Patents, long crowded her into the chimney-comer. Suddenly, the fairy godmother, Invention, endowed her with mechanical and electrical devices as magical as the pumpkin coach and the mice footmen. Now she whirls through the mad mazes of a glamorous ball.
The Supreme Court And The Not-So-Privileged Press, John D. Epps
The Supreme Court And The Not-So-Privileged Press, John D. Epps
University of Richmond Law Review
The first amendment mandates freedom of the press, but the extent of that freedom has been the issue in scores of Supreme Court opinions. Whether press freedom is above and beyond that provided the general public by the first amendment has been a fertile question for debate. The question is more than academic, however; its answer has determined, for example, that reporters must be jailed for refusing to comply with subpoenas and that newsrooms can be searched for evidence of criminal activities.
Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross
Constitutional Implications Of Parental Support Laws, Martin R. Levy, Sara W. Gross
University of Richmond Law Review
This article addresses the constitutionality of those statutes known as "parental support laws" or "relative support statutes" in light of the equal protection clause of the fourteenth amendment to the United States Constitution. These statutes impose upon a person the duty to support an indigent parent or other impoverished relatives. This article focuses only on the statutory duty of children-under threat of punishment-to support indigent parents. In order to pass Constitutional muster under the requirements of the equal protection clause, there must be established at least a rational relationship between the class designated by the statute and the objective of …
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
University of Richmond Law Review
The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.
Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz
Federal Youth Corrections Act: The Continuing Charade, Wilfred J. Ritz
University of Richmond Law Review
No one will ever know, at least with any certainty, whether more harm than good has been done by the Federal Youth Corrections Act. The Act was enacted by Congress in 1950 upon the recommendation of a committee of the Judicial Conference of the United States. The youth offenders who have benefited under YCA are those who have committed the most serious crimes, such as murder, robbery, and rape, and those with the longest records of serious criminal conduct. Because of the YCA, some of these dangerous offenders have received less severe sentences, and some have been released on parole …
The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton
The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton
University of Richmond Law Review
Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …
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 …
J.Westwood Smithers- "The Professor", Robert R. Merhige Jr.
J.Westwood Smithers- "The Professor", Robert R. Merhige Jr.
University of Richmond Law Review
My first clearly defined recollection of "The Professor" has, to my enjoyment and embarassment, survived for more years than he or I would willingly acknowledge, but I would expect that the incident giving rise to my recollection has now become part of the folklore of T. C. Williams School of Law and will survive each of us.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Volume XIII.
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
Notes On Virginia Civil Procedure By W. Hamilton Bryson, Lewis T. Booker
University of Richmond Law Review
Although W. Hamilton Bryson modestly describes his Notes on Virginia Civil Procedure,the Michie Company, 1979, as "little more than an outline," he has in fact made a significant contribution to practical jurisprudence in his handbook on Virginia civil procedure. Mr. Bryson is a professor of law at the T. C. Williams School of Law of the University of Richmond and teaches Virginia Procedure there.
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
Consistency And Predictability: Supreme Court Antitrust Decisions During The 1978 Term, Jeff Miles
University of Richmond Law Review
An article which discusses the Supreme Court's antitrust decisions during a term is necessarily general in nature, because temporal and spatial constraints do not allow in-depth treatises on each issue raised in each case. Rather, the writing should explain each decision, analyze the Court's reasoning, and assess the holding's effect on future cases and antitrust enforcement in general. Perhaps, however, the most crucial requirement is that it explain judicial philosophies and trends that aid counsel in advising their clients.
The Status Of Third-Party Practice In Virginia, John M. Claytor
The Status Of Third-Party Practice In Virginia, John M. Claytor
University of Richmond Law Review
The past three decades have seen third-party practice in Virginia instituted, abolished and revived. The practice was first sanctioned by a 1948 amendment to the Virginia Code of 1919. In the 1949 case of Masters v. Hart, it was held that by virtue of the 1948 amendment the trial court could, in its discretion, permit third parties to be impleaded as the interests of justice may require. However, the supreme court in that decision also pointed out that the amendment was both confusing and incomplete; and, also noted that in order for a complete system of third-party practice to be …
A Family Court For Virginia, Frederick P. Aucamp
A Family Court For Virginia, Frederick P. Aucamp
University of Richmond Law Review
The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.
The History Of Legal Education In Virginia, W. Hamilton Bryson
The History Of Legal Education In Virginia, W. Hamilton Bryson
University of Richmond Law Review
The English Inns of Court in London had ceased to perform their educational functions in the middle of the seventeenth century. For the next hundred years or so, there was no formal or organized instruction of the English common law. Lawyers, both barristers and solicitors in England and in America, learned their profession as best they could in unstructured situations. They learned by serving as apprentices or clerks to practicing lawyers, by the independent reading of law books, and by observation in the courtroom itself.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter Nash Swisher
Divorce Planning In Antenuptial Agreements: Toward A New Objectivity, Peter Nash Swisher
University of Richmond Law Review
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.
Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors
Bankruptcy Reform: Relief For Individuals With Regular Income, Pete Connors
University of Richmond Law Review
The consumer debtor faced with insolvency is given two options under the present Bankruptcy Act: (1) straight bankruptcy, and (2) wage earner proceedings. In contrast to straight bankruptcy, which is a liquidation oriented remedy, the debtor in a wage earner proceeding is not required to surrender any assets to the bankruptcy trustee, nor is he actually adjudicated a bankrupt. On the contrary, under Chapter XIII of the Bankruptcy Act (the wage earner sec- tion), the debtor is given a means of repaying his debts from future earnings under the protection of the court.
The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag
The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag
University of Richmond Law Review
For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley
University of Richmond Law Review
Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …
Interpleader In Virginia, Stephen E. Baril
Interpleader In Virginia, Stephen E. Baril
University of Richmond Law Review
Interpleader is a joinder device employed by a stakeholder (as the obligor is called) who does not know to which of several claimants he is or may be liable. It allows him to bring all of the claimants into a single proceeding, and to require them to litigate among themselves to determine who, if any, has a valid claim to the stake.
Rights Of The Convicted Felon On Parole, Howard E. Hill
Rights Of The Convicted Felon On Parole, Howard E. Hill
University of Richmond Law Review
The forfeiture of various civil rights upon conviction of a felony is no modem innovation. Conviction of a crime in the Roman Republic resulted in the deprivation of many of the same rights denied convicted felons today. Most statutes define a "felony" in terms of the possible punishment for a particular act rather than in descriptions of the actual conduct forbidden. In Virginia "such offenses as are punishable with death or confinement in the penitentiary are felonies," while "all other offenses are misdemeanors." One unfortunate enough to be convicted of a felony becomes subject to sanctions imposed by the state. …
Sears, Roebuck & Co. V. San Diego County District Council Of Carpenters: Garmon Reconsidered And The Reaffirmation Of Property Rights, Keith Barker
University of Richmond Law Review
Sears, Roebuck & Co. v. San Diego County District Council of Carpenters resolves the problem of a jurisdictional hiatus facing an employer when a union's peaceful picketing on his property is within the ambit of the National Labor Relations Act (NLRA or the Act). Prior to the Sears decision, the right of the states to enjoin labor union picketing on an employer's private property, when the union's picketing was arguably protected and arguably prohibited, was uncertain. As a rule, conduct which is arguably protected under the Act or arguably prohibited under the Act, with few exceptions, cannot be the subject …
Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
Virginia's Insanity Defense: Reform Is Imperative, William C. Waddell Iii
University of Richmond Law Review
Virginia is no exception to the statement that a great deal of time and energy has been expended by writers in addressing the defense ofinsanity. Unfortunately, instead of generating some notable reform, this fact has served to desensitize the legislators, the legal profession, and the public in this controversial area. In view of the current knowledge in the field of psychiatry, the approach for implementing the insanity defense in Virginia courts is not satisfactory.
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
Virginia's Reaction To An Implied Warranty In Real Estate Transactions: Bruce Farms, Inc. V. Coupe, Deborah C. Welsh
University of Richmond Law Review
Years ago, caveat emptor was the rule in real estate transactions. A home buyer's own inspection was considered reliable in determining if the house was structurally sound and habitable. Today, the situation is different. Potentially troublesome conditions in a house are easily concealed, and inspection by the buyer may not reveal latent defects. For this reason, the doctrine of implied warranty has replaced caveat emptor in many jurisdictions.
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
Census Of Law Books In Colonial Virginia By William Hamilton Bryson, E. Lee Shepard
University of Richmond Law Review
A decade ago Stanley Katz asserted that the eighteenth century American lawyer exhibited "a surprising familiarity with contemporary English law and a high degree of technical competence," and challenged legal historians to reappraise traditional views of the colonial bar. To a great extent this task has been undertaken, but the legal history of early Virginia still languishes. Anxious to rectify this situation, Professor W. Hamilton Bryson of the University of Richmond School of Law has compiled a "census" of law books in early Virginia, hoping to "shed some light on the law which shaped the lawyers who shaped the nation."
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Guaranteeing Solar Access In Virginia, W. Wade Berryhill, William H. Parcell Iii
Guaranteeing Solar Access In Virginia, W. Wade Berryhill, William H. Parcell Iii
University of Richmond Law Review
The idea of using solar rays as a source of power is certainly not new. History records Archimedes' use of a solar concentrator to burn enemy vessels. The use of solar heat engines for over 150 years, the operation of a massive solar still to convert sea water to potable water in Chile for 40 years, and the development of an elaborate solar furnace in France are noted examples ofthe long standing and highly successful application of solar power.
The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis
The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis
University of Richmond Law Review
Strip mining, for those of us who are touched by it, either as residents of areas affected by the mining or as professionals or bureaucrats concerned with the legal or technical issues involved, conjours up vivid images of land devastation, offsite property damage and high profits with little risk involved for the operator.
Interference With Privacy - In What Forms Might It Be Actionable In Virginia?, Robert F. Brooks, Robert M. Rolfe
Interference With Privacy - In What Forms Might It Be Actionable In Virginia?, Robert F. Brooks, Robert M. Rolfe
University of Richmond Law Review
Much has been written about the right of privacy since the 1890 law review article by Samuel Warren and Louis Brandeis which first proposed that such a right be recognized. In the ensuing years the tort of invasion of privacy, which is, in reality, an amalgam of four separate torts, has been widely accepted. In spite of the burgeoning recognition of various rights assembled under the rubric of right to privacy, the Supreme Court of Virginia has never decided whether private citizens are entitled to protection of their personal privacy against invasions by other private citizens. It is the intent …