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Articles 1 - 30 of 45
Full-Text Articles in Law
Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy
Revenue Ruling 84-132: Sidelined, But Not Forgotten, Nina R. Murphy
University of Richmond Law Review
Virtually all colleges and universities have scholarship programs designed to support their athletic teams. The programs are generally in the form of membership clubs which are tax-exempt under section 501(c)(3) of the Internal Revenue Code and therefore eligible to receive donations which provide tax deductions to their patrons. The fact that an organization is an "eligible receiver," however, does not ensure that all payments to it are deductible. For example, the cost of football tickets is not deductible since the purchaser is receiving value for his payment.
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
The Mentally Retarded-A Quasi-Suspect Class?: Cleburne Living Center V. City Of Cleburne, Dale W. Webb
University of Richmond Law Review
In recent years, the mentally retarded have been increasingly deinstitu- tionalized.1 One major factor responsible for this trend has been the acceptance of the theory of normalization, which proposes that mentally retarded individuals must be exposed to normal life patterns and conditions in order to develop their full potential. Mental health officials have attempted to implement normalization by the relocation of the mentally retarded into group homes. The group home format offers the benefits of family living through the placement of small groups of mentally retarded individuals into homes in residential areas.
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
Medical Malpractice Review Panels In Operation In Virginia, William H. Daughtrey Jr., Charles H. Smith
University of Richmond Law Review
The last major revision of Virginia statutes relating to medical malpractice was in 1976. At that time the General Assembly provided for medical malpractice review panels and mandated a method of reporting medical malpractice claims. These innovations were in response to a perceived medical malpractice crisis in the mid-1970's. A symptom of the crisis was the astronomical rise in the cost of medical malpractice insurance premiums. This increase plagued patients as well as physicians, hospitals, and other health care providers. The higher premiums, of course, were reflected in fees for services rendered by providers. In addition, providers began to practice …
A Tribute To E. Ballard Baker, Robert E. Shepherd Jr.
A Tribute To E. Ballard Baker, Robert E. Shepherd Jr.
University of Richmond Law Review
The Editorial Board of the University of Richmond Law Review respectfully dedicates this issue to the memory of E. Ballard Baker, 1918-1985. Judge Baker was a graduate of both Richmond College and the T. C. Williams School of Law at the University of Richmond. He served on the Henrico County Court bench from 1967 until his appointment to the new Virginia Court of Appeals in December 1984. Judge Baker was an active alumnus of the University of Richmond. He taught business law at the University and was recently inducted into the University's chapter of the Omicron Delta Kappa leadership society.
The Coming Of Legal Specialization, O. Randolph Rollins
The Coming Of Legal Specialization, O. Randolph Rollins
University of Richmond Law Review
A great debate rages across the ranks of the legal profession about the need to regulate claims by lawyers that they are specialists in particular fields of practice. Members of our profession express outrage when another lawyer lists himself under the anti- trust or tax headings in the Yellow Pages complaining that that lawyer calls "them" when he needs anti-trust or tax advice. Lawyers profess astonishment when they see an advertisement by another attorney cataloguing a number of fields in which that attorney practices. They ask how could any person-much less a lawyer who advertises-be a "specialist" in so many …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The New Doctrine Of Necessaries In Virginia, Mark S. Brennan
The New Doctrine Of Necessaries In Virginia, Mark S. Brennan
University of Richmond Law Review
Under the traditional common law doctrine of necessaries, a husband has the duty to support his wife and is responsible for the cost of necessary goods and services furnished to his wife by third parties if he has failed to provide the necessaries himself. However, the recent influx of women into the marketplace and the United States Supreme Court's decisions on gender discrimination have caused a significant number of courts and state legislatures to modify the doctrine or abolish it altogether.
The Search For Guidance In Determining The Best Interests Of The Child At Divorce: Reconciling The Primary Caretaker And Joint Custody Preferences, Robert F. Cochran Jr.
The Search For Guidance In Determining The Best Interests Of The Child At Divorce: Reconciling The Primary Caretaker And Joint Custody Preferences, Robert F. Cochran Jr.
University of Richmond Law Review
United States courts have generally stated that their primary concern in child custody cases is the interests of the child. Many different rules have been established in the name of the interests of the child. During the nineteenth century, courts in this country were split over whether the mother or the father generally would be the better custodian for the child, with some courts recognizing a preference for the father and others, a preference for the mother. Most states eventually adopted a preference for the mother in custody cases involving children "of tender years." During the 1970's, many states rejected …
Legal Ethics In The Bid Rigging Cases, Anthony F. Troy
Legal Ethics In The Bid Rigging Cases, Anthony F. Troy
University of Richmond Law Review
As a member of the Bar, one can never be too conscious of the ethical duty owed to the client, to the system of justice, and to the general public. Members of the public are viewing the legal profession with increasing skepticism. Even the Chief Justice of the United States Supreme Court recently asked rhetorically whether the decline in the public standing of attorneys is the product of a general impression that our profession is lax in dealing with incompetent or dishonest lawyers. Ethical issues arise in many settings. This article will focus mainly on the ethical issues which arise …
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
The Whole Truth And Nothing But The Truth: Is The Trier Of Fact Entitled To Hear It?, Joseph M. Reisman
University of Richmond Law Review
The fundamental goal of our adversarial system of litigation is to arrive at the truth through a fair presentation of the evidence. However, in a criminal proceeding material evidence is frequently not as available to the defense as it is to the prosecuting attorney. Consequently, rules have been developed which not only aid the defense in obtaining relevant information, but also assist the prosecution in fulfilling its ethical and constitutional obligations, chief among which is to see that justice and due process are upheld.
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
Annual Survey Of Virginia Law: Property, W. Wade Berryhill
University of Richmond Law Review
The General Assembly made several minor changes affecting property law in Virginia. The most significant of these changes was the amendment of the Code's provisions regarding a spouse's dower and curtesy interests in the separate estate of a deceased spouse. In addition to this legislation, the Virginia Supreme Court decided several cases dealing with varied property issues. The decisions discussed below are those which should have the most interest to the general practitioner. The real estate specialist, no doubt, is already aware of most of them.
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
Virginia: The Unauthorized Practice Of Law Experience, Michael L. Rigsby
University of Richmond Law Review
In the early days of America's development, the attorney-at-law was little needed. While law was a popular study, the pioneering nature of the settlers dictated that each look out for his own interests. Delegation to counsel was unnecessary.'
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
Waste To Energy: Environmental And Local Government Concerns, Kelly Outten
University of Richmond Law Review
"The problem we are confronting here is immense-literally mountains of trash and garbage." With these words, Representative William S. Moorhead accurately described a current American dilemma-what to do with the four billion tons of solid waste annually produced by Americans. Concurrent with the problem of increasing quantities of waste are the problems of decreasing availability of land fill space and an ever-rising demand for energy. The existence of these problems is leading federal, state, and local governments to take a second look at their municipal solid waste and to realize that "waste is something more than an undesirable by-product of …
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
Bankcard's Revenge: A Critique Of The 1984 Consumer Credit Amendments To The Bankruptcy Code, Paul M. Black, Michael J. Herbert
University of Richmond Law Review
Virtually from the enactment of the Bankruptcy Code in 1978, creditors attempted to roll back what they perceived to be the Code's undue bias toward bankrupts. The Code was branded a debtor's paradise practically beckoning borrowers to shed their debts painlessly and needlessly. It was certainly true that the number of bankruptcy filings rose substantially during the late 1970's and early 1980's, and that some creditors attributed at least some of this to the Code's presumed generosity. Whether the Code actually caused any of the increase in filings is, to put it mildly, controversial. Other factors, most significantly the general …
Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan
Virginia's Statute Of Limitations For Section 1983 Claims After Wilson V. Garcia, John R. Pagan
University of Richmond Law Review
Because 42 U.S.C. section 1983 lacks its own statute of limitations, courts determine the deadline for commencing civil rights actions by borrowing the most appropriate limitation prescribed by state law. Courts have used a variety of techniques to choose among arguably relevant state limitation provisions. This diversity has produced "conflict, confusion, and uncertainty concerning the appropriate statute of limitations to apply to this most important, and ubiquitous, civil rights statute.
The Fall And Rise Of Professionalism, Thomas D. Morgan
The Fall And Rise Of Professionalism, Thomas D. Morgan
University of Richmond Law Review
In recent years, there has been an increasing concern among lawyers that the legal profession may be declining in "professionalism." Professionalism is not a self-defining term; indeed, it is greatly overused today. There are professional football players, professional models and even professional wrestlers. The question, then, is what it means to be a professional for purposes of trying to decide whether lawyers are more professional or less professional than before. Although several definitions might be offered, I would assert that traditional professions seem to have at least three attributes.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
The Investigation Of Good Moral Character For Admission To The Virginia Bar - Time For A Change, Kristine M. Trevino
University of Richmond Law Review
One of the most essential and critical components of a democratic society is the law profession. Lawyers are charged with the preeminent duty of assisting citizens in the maintenance of their individual rights. Because of a lawyer's "enviable position of prestige and respect," he "enjoy[s] much public confidence and trust." Therefore, society expects, and the profession demands, that only individuals possessing an adequate degree of intelligence, education, and good moral character be permitted to practice law.
Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher
Virginia Circuit Court Opinions, Harrison On Wills And Administration In Virginia And West Virginia, T. S. Ellis Iii, Dennis I. Belcher
University of Richmond Law Review
Jesse Root. Nathaniel Chipman. George Caines. Ephraim Kirby. Most lawyers will not recognize these names. More familiar, perhaps, are Alexander Dallas, Henry Wheaton, and Richard Peters. In fact, all belong to the same distinguished group: compilers and reporters of America's early judicial decisions. With the publication of Volumes One and Two of the Virginia Circuit Court Opinions (hereinafter "Opinions"), Professor Hamilton Bryson bids fair to join this distinguished group.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller
Provider-Sponsored Alternative Health Care Delivery Systems: Reducing Antitrust Liability After Maricopa, James H. Walsh, Howard Feller
University of Richmond Law Review
The phenomenal rate of inflation experienced by the health care industry in the past several years has been a substantial cause of concern for everyone affected-physicians, hospitals, insurers, employers and consumers. Public reaction to the tremendous increase in health care costs has created pressure on health care providers to compete on the basis of price and to deliver services more efficiently. The recent growth of alternative health care delivery systems (ADSs) has been a direct response to a number of problems created by increasing health care costs including increased competition in health care delivery, resistance by payors and consumers to …
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
The Evidentiary Use Of The Hla Blood Test In Virginia, Linda L. Lemmon, Lynn K. Murphy
University of Richmond Law Review
In 1966 Virginia enacted legislation, now section 20-61.2 of the Code of Virginia, providing for the admission into evidence of the results of blood tests in cases involving questions of paternity. In 1982, a second statute, section 20-61.1 of the Code of Virginia, was amended to permit the use of genetic blood grouping tests, including the human leukocyte antigen (HLA) test, as evidence of paternity in child support proceedings. With the enactment of these two statutes, Virginia has joined a growing number of states which recognize the accuracy and reliability of the HLA test in establishing paternity.
The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese
The Enforceability Of Arbitration Clauses In Virginia Marital Separation Agreements, Antonio J. Calabrese
University of Richmond Law Review
Arbitration, a widely utilized method for resolving commercial and labor disagreements, has become an increasingly accepted means of settling domestic disputes that arise under separation or divorce agreements. The number of judicial decisions reviewing clauses in divorce and separation agreements which provide for the arbitration of disputes involving spousal support payments, child support and custody matters, has more than doubled since 1950. In a number of jurisdictions, courts have consistently enforced arbitration clauses to settle matrimonial disputes. Attorneys are more frequently drafting separation agreements which contain arbitration clauses, and the American Arbitration Association has promulgated a variety of rules and …
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
Nix V. Williams: The Inevitable Discovery Exception To The Exclusionary Rule, Edward M. Macon
University of Richmond Law Review
In Nix v. Williams, the Supreme Court created an "inevitable discovery" exception to the exclusionary rule. This exception allows the prosecution to introduce illegally obtained evidence at trial upon a showing that such evidence would inevitably have been obtained, even without the police misconduct. The Supreme Court rejected the imposition of a second prong on the inevitable discovery exception which would have required the government to prove the absence of bad faith. The purpose of the inevitable discovery exception is to prevent the "setting aside [of] convictions that would have been obtained without police misconduct."
Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance
Virginia's Lemon Law: The Best Treatment For Car Owner's Canker?, Carol S. Nance
University of Richmond Law Review
The consumer advocacy movement of the late 1970's induced the Congress and the state legislatures to enact numerous consumer protection statutes. Unfortunately, several years elapsed before the public and the legislatures realized that those statutes did not protect the consumer in what is frequently the consumer's most significant personal purchase-the automobile.
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
Criminal Practice, And Politics And The Constitution In The History Of The United States, Ronald J. Bacigal, Donald O. Dewey
University of Richmond Law Review
When John Lowe asked me to review his book, I confess that I was surprised. Having just authored two books on Virginia Criminal Procedure, I considered John and myself to be competitors. However, after examining his book I now understand that our books serve different purposes and in fact complement each other.
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
The Virginia Code Of Professional Responsibility, Roderick B. Mathews
University of Richmond Law Review
The purposes of my comments are to: (1) outline the historical development of the Code of Professional Responsibility (CPR) in the organized bar in the United States; (2) summarize the important differences between the Virginia Code of Professional Responsibility (Virginia CPR) and its predecessor in Virginia; (3) discuss the reasons for the most significant of those changes; and (4) compare the important differences between the American Bar Association model adopted in August 1983 (the Kutak Model) and the Virginia CPR. For the sake of brevity, I will make no reference to the multiple editorial revisions in the Virginia CPR which …
The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte
The Attorney-Client Privilege, Thomas C. Dawson Jr., John T. Tucker Iii, Kevin J. Whyte
University of Richmond Law Review
History suggests that the attorney-client privilege is the oldest of the evidentiary privileges. It probably arose at common law during the 1500's, concurrent with the right to trial by jury. Judges initially viewed the privilege as a vindication of "the oath and the honor of the attorney." However, during the late 1700's, courts began to assert that the privilege's purpose was to encourage clients to make full disclosure to their counsel, by "providing subjectively for the client's freedom of apprehension." In 1871, the Virginia Supreme Court5 stated that "[i]f the privilege did not exist at all, every one would be …
The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss
The Status Of Lawyer Advertising In Virginia: What Is Good Taste?, Carol Anne Weiss
University of Richmond Law Review
When Abraham Lincoln wanted to attract clients to his law practice in 1837, he ran a simple advertisement announcing his services in an Illinois newspaper. Despite the precedent set by "Honest Abe," fifty years later the American Bar Association banned legal advertising and solicitation. Today, there is no absolute ban on legal advertising. A need exists for information regarding legal assistance, and in today's commercially-oriented society, it is not surprising that members of the legal profession want to advertise the availability of their services.
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
Annual Survey Of Virginia Law: Administrative Procedure, John Paul Jones
University of Richmond Law Review
Both the General Assembly and the Supreme Court of Virginia have been active recently in administrative law. For the past three years, a broadly-based movement for bureaucratic reform has influenced the legislative and executive branches of state government. The instrument for formal expression of this reform has been the Governor's Regulatory Reform Advisory Board. In 1985, the General Assembly and the Governor responded obligingly to a second round of suggestions from the Board for amendment of the commonwealth's general administrative process act. These legislative changes involved the definition of regulation, i.e., the output of a statutorily controlled administrative rulemaking process, …