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Articles 1 - 30 of 44
Full-Text Articles in Law
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
Participatory Government And Communal Property: Two Radical Concepts In The Virginia Charter Of 1606, Finbarr Mccarthy
University of Richmond Law Review
On April 26, 1607, about one hundred English men landed on the Atlantic shore of North America near Jamestown, Virginia. There they established the foundation for what would become the first permanent English colony in America. These men, and the men and women who followed in the next decade, left as their legacy a society that combined a rudimentary form of popular government with a system of private property. But these settlers established that society only after conducting seventeen turbulent years of social experiments. Had those experiments conducted in that Virginia swamp turned out differently, we might now live under …
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
Risk And Regulation: How Much Is Too Much?, Peter H. Kostmayer
University of Richmond Law Review
The Emroch Lecture series was established through the generosity of the late Mr. Emanuel Emroch, his wife Bertha, and other family members and friends. Mr. Emroch held both undergraduate and law degrees from the University of Richmond. He was a distinguished civil trial practitionerin the City of Richmond for many years. Mr. Emroch was listed in Best Lawyers of America, was a Fellow of the International Academy of Trial Lawyers, and of the American College of Trial Lawyers, and was a charter member and past president of the Virginia Chapter of the American Board of Trial Advocates. He was also …
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.
Annual Survey Of Virginia Law: Business And Corporate Law, Katherine Ennis Wychulis, David S. Haddock Ii
Annual Survey Of Virginia Law: Business And Corporate Law, Katherine Ennis Wychulis, David S. Haddock Ii
University of Richmond Law Review
This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions in Virginia courts involving businesses and corporations. Part III discusses several acts of the 1995 session of the Virginia General Assembly that amend Virginia's corporate, partnership, limited liability company and securities act statutes.
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
From Kepone To Exxon Valdez Oil And Beyond: An Overview Of Natural Resource Damage Assessment, Danielle Marie Stager
University of Richmond Law Review
In July 1975, officials from the Virginia State Department of Health learned that employees of the Life Science Product Company ("Life Science"), in Hopewell, Virginia, had been poisoned by a toxic chemical known as Kepone. Life Science had produced Kepone under contract for Allied Chemical Corporation ("Allied Chemical"), the original developer and manufacturer. Shortly thereafter, state officials discovered that both Life Science and Allied Chemical had unlawfully discharged Kepone into freshwater tributaries of the James River. In addition to poisoning their own employees, Life Science and Allied Chemical had also contaminated Virginia's atmosphere, soil, and wa- terways with Kepone.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
Annual Survey Of Virginia Law: Insurance Law, E. Lewis Kincer Jr.
University of Richmond Law Review
The Supreme Court of Virginia has recently decided several significant cases in the insurance realm. The court has been most active, at least in number of cases, in the field of uninsured [UM] and underinsured motorist [UIM] coverages, followed closely by decisions affecting automobile liability insurance policies. Although no clearly discernable trend appears to have been established by the court's insurance decisions in the past year, several observations may be made of the cases, as well as the court's general philosophy of judicial interpretation of insurance policies. "An insurance policy is a contract; therefore, we give the words used in …
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, Cullen D. Seltzer
University of Richmond Law Review
The past year has been an active one for the Virginia courts and General Assembly in the areas of criminal law and procedure. Developments include cases regarding the allowance of expert assistance to indigent criminal defendants and a defendant's right to a new trial based on after-discovered evidence. Driving under the influence [DUI] defendants are no longer entitled to their choice of a blood or breath test as a function of the implied consent law, and for felons convicted of committing an offense after December 31, 1994, parole is no longer an option. This article surveys these and other legislative …
Foreword, Christopher N. Crowe
Foreword, Christopher N. Crowe
University of Richmond Law Review
The University of Richmond Law Review is pleased to present the second annual Allen Chair Symposium issue. The editorial board hopes that this special issue of the Law Review contributes to the national and international discourse on the state of human rights law.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Volume XXIX.
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
University of Richmond Law Review
The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
Clinging To History: The Supreme Court (Mis)Interprets Federal Rule Of Evidence 801(D)(1)(B) As Containing A Temporal Requirement, Christopher A. Jones
University of Richmond Law Review
The adoption of the Federal Rules of Evidence (the Rules) resulted in a more liberal standard for the admission and use of various forms of evidence. For example, the Rules altered the definition of "relevant evidence" increasing the scope of evidence that can be presented to a jury. Also, the Rules per- mit prior inconsistent statements to be admitted as substantive evidence rather than for impeachment purposes only. The Advisory Committee enunciated these changes, and other changes resulting from the adoption of the Rules, in their notes accompanying the Rules.
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
Allied Chemical, The Kepone Incident, And The Settlements: Twenty Years Later, Robert R. Merhige Jr., Manning Gasch Jr., William B. Cummings, Robert H. Sand, Robert B. Smith Iii, W. Wade Berryhill
University of Richmond Law Review
Twenty years ago this July the happenings at a small chemical plant in Hopewell, Virginia ushered in what has since become an incident of national impact and importance. Through the prosecution of criminal cases, the filing of civil personal injury suits and the closing of the James River to fishing, the release of the chemical from the Kepone manufacturing process gained national attention.
Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon
Annual Survey Of Virginia Law: Campaign And Election Law, Claudia T. Salomon
University of Richmond Law Review
This is the first year the University of Richmond Law Review has surveyed recent developments in Virginia's campaign and election laws. Thus, this article provides a general overview of the laws governing state and local candidates concerning (1) qualifications for candidacy, (2) campaign finance, and (3) campaign and election misconduct.
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
Annual Survey Of Virginia Law: Domestic Relations, Deanna D. Cook
University of Richmond Law Review
It is well known that non-conforming payments or overpayment of support will not entitle a payor spouse to future credit against his obligations. This continues to be the rule in Virginia. In the case of Sanford v. Sanford, the Virginia Court of Appeals reversed the trial court's decision to credit excess spousal support payments made by the husband against his future obligations. The husband agreed to pay spousal support pursuant to a property settlement agreement, which was incorporated into the parties' final divorce decree. The husband was then terminated by his employer, but he received one year severance pay. Based …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
"Dancing In The Courthouse": The First Amendment Right Of Access Opens A New Round, Eugene Cerruti
University of Richmond Law Review
Shortly after World War II, concern mounted over the government's ability and tendency to institutionalize secrecy in government. The initial concern was with the anti-communist sleuthing of various legislative bodies which dramatized the power of secretly held information to control the public agenda of both domestic and foreign policy debate. From this emerged the call for a more "open" government and the political claim that the electorate had a "right to know"' the information acquired and relied upon by government officials. For the press in particular, "access" increasingly became the watchword, the icon, of the new era. The mounting pressure …
Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan
Sitting Power Lines In Historic Areas Of Virginia, Amy Leigh Sheridan
University of Richmond Law Review
Historic preservationists in Virginia have a legislative tool to challenge a utility that seeks to erect a power line near a historical area. A public utility seeking approval of a proposed transmission line route must not only obtain a certificate of convenience and necessity pursuant to section 56-265.2 of the Virginia Code, but it must also comply with section 56-46.1 as well. With the passage of section 56-46.1, any interested party has the right to notice and the right to a hearing before the State Corporation Commission (SCC or Commission) when a power line siting decision is pending. Before approving …
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
Defending Pornography: Free Speech, Sex, And The Fight For Women's Rights, Melvin I. Urofsky
University of Richmond Law Review
One of the more interesting, and at times more strident, debates in recent years is between a faction of the feminist coalition, proposing new and harsher methods of eliminating pornography and of punishing those who produce and purvey it, and civil libertarians, including many other feminists, who oppose such measures primarily on First Amendment grounds. The debate extends well beyond the cloistered halls of academe, and is far from arcane or hypothetical.
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
Lesnick V. Hollingsworth & Vose Co. - The Pure Stream Of Commerce No Longer Flows Through The Fourth Circuit, Lori Elizabeth Jones
University of Richmond Law Review
Personal jurisdiction over nonresidents in a forum state has been problematic in our federal system for quite some time. Today, in order to establish personal jurisdiction over a nonresident defendant, the nonresident must have minimum contacts with the forum state. While the test may be stated succinctly, determining whether a person or corporation has minimum contacts with the forum state is an extremely complex process, as seen in the line of personal jurisdiction cases following International Shoe Co. v. Washington.
Foreword, John M. Holloway Iii
Foreword, John M. Holloway Iii
University of Richmond Law Review
At the question and answer session following the Panel that examined the Kepone litigation twenty years later, Judge Merhige posed the "question that no one has asked... did [I do] the right thing?" The settlement that created the Virginia Environmental Endowment with the contribution from Allied Chemical remains both controversial and innovative today. This Symposium is a product of that settlement and it was created with the hope that we, as citizens and policy-makers, will continue to ask ourselves Judge Merhige's question. We also hope that the State of the Chesapeake Bay Symposium and that the annual Robert R. Merhige, …
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen
University of Richmond Law Review
The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
Deception, Self-Deception, And Myth: Evaluating Long-Term Environmental Settlements, William H. Rodgers Jr.
University of Richmond Law Review
This paper draws upon six famous settlements that are known in various degrees to students of environmental law. Three are a matter of deep history: the 1970 Environmental Defense Fund settlement that led the last manufacturer of DDT in the U.S. to cease discharges into the Los Angeles sewer system and thence into Santa Monica Bay, the Kepone settlement of the mid-70s that followed in the wake of Judge Merhige's initial assessment of a record-breaking criminal fine of $13.24 million, and the Hudson River settlement of the early 1980s in which environmentalists gave up demands for cooling towers on several …
Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams
Using Experience To Improve Superfund Remedy Selection, Robert H. Abrams
University of Richmond Law Review
The Comprehensive Environmental Response, Cleanup, and Liability Act (CERCLA, a.k.a. "Superfund")' has earned its share of criticism, most volubly for the expense and unfairness of its cost allocation scheme, but also for its remedy selection process. In deciding how to remediate sites, CERCLA employs a lengthy formal process that, on average, takes over eight years from site awareness to the selection of a remedy. Less damningly, perhaps, only the last fifty-eight months of that time elapses after the site is scored as one serious enough to be placed on the National Priorities List as a site eligible to receive Superfund …
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
University of Richmond Law Review
In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
Federal Minimums: Insufficient To Save The Bay, Roy A. Hoagland, Jean G. Watts
University of Richmond Law Review
In this era of deregulation, streamlining, and government reform, the voices of state government often ring out the philosophy of "no stricter than federal law" when discussing environmental initiatives. The argument that federal minimums can serve as a minimalistic, one-size-fits-all framework for environmental protection not only contradicts the same voices' arguments for flexibility and site-specific solutions, but also ignores the reality that federal minimums alone simply cannot and will not restore our waters, conserve our land, or protect our air.
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
Facing A Time Of Counter-Revolution-- The Kepone Incident And A Review Of First Principles, Zygmunt J.B. Plater
University of Richmond Law Review
The Kepone contamination episode of 1966-75 was a milestone that focused an entire nation's attention on environmental hazards and our need to do better in recognizing and avoiding them. We have learned a great deal from that unfortunate story. The evolution of American environmental law since the Kepone debacle has repeatedly used the incident as a touchstone in identifying environmental pollution's causes, effects, and potential solutions.
The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene
The Inconsistency Of Virginia's Execution Of The Npdes Permit Program: The Foreclosure Of Citizen Attorneys General From State And Federal Courts, D. Brennen Keene
University of Richmond Law Review
The above mentioned goals and policies of the Clean Water Act suggest that Congress intended to create a partnership between the federal government, state governments, and the public to help abate pollution of the nation's waters. This intent is illustrated by the fact that permits issued to dischargers of pollutants into navigable waters can be issued by either the Environmental Protection Agency (EPA) or a state agency. Unfortunately, the goal of public involvement is lost in "the confusion caused by this poorly drafted and astonishingly imprecise statute." The resulting inconsistent system forecloses some members of the public from participating in …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski, Francis H. Casola
University of Richmond Law Review
Group boycott and antitrust conspiracy claims met with little success in Virginia this year. Both federal and state courts are increasingly wary of allowing cases to proceed where the essential elements of antitrust claims are not established or where no impact on competition is proven. Moreover, procedural and evidentiary difficulties have plagued antitrust plaintiffs this year. In short, the cases reflect judicial analysis that is both sophisticated and resistant to allowing meritless antitrust claims to get to a jury.