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Articles 31 - 40 of 40
Full-Text Articles in Law
The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd
The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd
University of Richmond Law Review
Is a wife who hires someone to murder her husband liable in tort for the injuries he sustains in the murder attempt? The Virginia Supreme Court faced just this question in 1980 in Counts v. Counts. In light of the partial abrogation of the doctrine of interspousal immunity by the Virginia Supreme Court during the 1970's in wrongful death actions and inactions for damages in motor vehicle accident cases, a well reasoned prediction would have anticipated a further erosion of the doctrine. In Counts, however, the court disallowed the interspousal suit for an intentional tort, signaling that it had no …
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
Godfrey V. Georgia: Possible Effects On Virginia's Death Penalty Law, S. Vernon Priddy Iii
University of Richmond Law Review
Virginia permits imposition of the death penalty for capital murder only after a bifurcated trial in which the jury has found the defendant guilty of the crime and, in a separate proceeding, determined death to be the appropriate penalty. In the second half of this process, the jury must find at least one of the two aggravating circumstances set out by statute' before a death sentence is imposed.
Faithful Magistrates And Republican Lawyers: Creators Of Virginia's Legal Culture, 1680-1810, E. Lee Shepard
Faithful Magistrates And Republican Lawyers: Creators Of Virginia's Legal Culture, 1680-1810, E. Lee Shepard
University of Richmond Law Review
That well-known but inadequately understood institution, the county court, was brought to life and placed in clear perspective as an integral part of the life of colonists of every variety of status and calling nearly thirty years ago in Charles Sydnor's classic, albeit impressionistic, study, Gentlemen Freeholders: Political Practices in Washington's Virginia (1952). Sydnor proclaimed that in eighteenth-century Virginia planters, not lawyers, dominated the political scene and thus dispensed with the legal profession. Sydnor's domain was politics; his discussion centered on the "county oligarchies." In recent years scholars have recognized the pressing need for a deeper understanding of the operations …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Volume XV.
Tribute: Robert I. Stevenson, Sally Yates Wood
Tribute: Robert I. Stevenson, Sally Yates Wood
University of Richmond Law Review
I remember a fellow T. C. Williams law student turning to me at the end of a school semester and remarking: "I really did learn alot in Mr. Stevenson's Products Liability class, and you know, I swear I don't know how." I certainly had to agree that I, too, had learned alot, and I knew that this had been the case in all the courses I had had under Mr. Stevenson. (While at T. C. Williams, I managed to enroll in every class offered by Mr. Stevenson.) I did chuckle, however, at my friend's bewilderment about how or why he …
Venue In The Federal Courts Under The "Doing Business" Provision Of 28 U.S.C. § 1391(C): A Provision Subject To Reinterpretation?, Paul Lansing, Robert C. Castle
Venue In The Federal Courts Under The "Doing Business" Provision Of 28 U.S.C. § 1391(C): A Provision Subject To Reinterpretation?, Paul Lansing, Robert C. Castle
University of Richmond Law Review
A determination of whether venue is proper for a civil action commenced in federal court requires the application of the rules set forth in 28 U.S.C. § 1391 to the facts of the particular case. Making such a determination has often proved difficult for litigants and courts alike because the basic rules governing venue for civil actions brought in federal courts set forth in section 1391 are not without ambiguity. Section 1391(b), for example, provides in part that "[a] civil action. .. may be brought only in the judicial district. . . in which the claim arose." The language of …
The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill
The Due-On-Sale Clause: A Marriage Gone Sour- A Checklist For The Practitioner, W. Wade Berryhill
University of Richmond Law Review
The problem begins simply enough. Soon moving to another city a homeowner negotiates and signs a contract for the sale of his present home. The contract provides that the purchasers are to assume the current mortgage with an interest rate of 91 %. The vendor and the purchasers notify the lender of the intended sale. Despite the fact that the proposed purchasers qualify as acceptable credit-risks, the lender informs the parties that the current mort- gage contains a "due-on-sale" clause and that he intends to accelerate the due date of the mortgage unless the purchasers agree to accept an increase …
Virginia's Drug Paraphernalia Law, Michael J. Barbour
Virginia's Drug Paraphernalia Law, Michael J. Barbour
University of Richmond Law Review
With the enactment of sections 18.2-265.1 through -265.4 of the Virginia Code, Virginia has joined a growing number of states attempting to prohibit the sale of drug paraphernalia. Virginia's new drug paraphernalia law is designed to remedy a previously existing anomaly in Virginia: possession and sale of controlled substances were criminal offenses, yet the sale of devices facilitating the use of controlled substances was permissible.
A Critique Of Hodel V. Virginia Surface Mining And Reclamation Association, Timothy W. Mcafee
A Critique Of Hodel V. Virginia Surface Mining And Reclamation Association, Timothy W. Mcafee
University of Richmond Law Review
On January 3, 1980, the United States District Court for the Western District of Virginia declared substantial portions of the Federal Surface Mining Control and Reclamation Act of 1977 (hereinafter "the Surface Mining Act" or "the Act") to be unconstitutional in Virginia Surface Mining & Reclamation Association v. Andrus. Specifically, the district court found that section 515(d) and (e) of the Act were in contravention of the tenth amendment, that sections 515(d)-(e) and 522 of the Act constituted an unconstitutional taking of private property without just compensation in violation of the fifth amendment and that sections 518 and 521 of …
The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette
The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette
University of Richmond Law Review
The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.