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Articles 1 - 30 of 31
Full-Text Articles in Law
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
No abstract provided.
Environmental Law Slogans For The New Millenium, Michael Allan Wolf
Environmental Law Slogans For The New Millenium, Michael Allan Wolf
University of Richmond Law Review
Contrary to the bleakest predictions offered by environmental fatalists during the latter half of the 1900s, humanity and much of the plant and animal kingdom survived New Year's Eve 1999. Similarly, contrary to the dire warnings of industrial organizations and lobbyists that overburdening environmental regulations would spell the end of profitable, American capitalism, the year 2000 dawned in the United States with the world's most extensive array of anti-pollution and pro-conservation measures regulating the globe's most impressive economic engines.
Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
Dear Sir Or Madam: You Cannot Contract In A Closet, David J. Depippo
University of Richmond Law Review
This comment will examine this seemingly basic question through the lens of two recent Gateway cases. In Hill v. Gateway 2000, Inc., the Seventh Circuit held that the Standard Terms were part of the sales agreement, and thus, the consumer was bound by them. The United States District Court for the District of Kansas, in Klocek v. Gateway, Inc., however, held that the contract for sale had been made when the seller identified the computer for shipping, or at the very least, shipped the computer, and thus, the Standard Terms were merely proposals of additional terms to which the consumer …
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
Annual Survey Of Virginia Law: Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
This article discusses six areas of labor and employment law in which there was significant activity in Virginia's courts over the past year: (1) covenants not to compete and employee's fiduciary duties to employers; (2) the doctrine of respondeat superior; (3) negligent hiring, retention, and supervision; (4) wrongful discharge in violation of public policy; (5) workers' compensation exclusivity; and (6) employment agreements. Beyond the scope of this article are decisions rendered in other areas of law that affect the employment relationship, including defamation, claims under Virginia's Occupational Safety and Health Act, public employment claims, and unemployment compensation claims.
The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes
The Presidential Election Case: Remembering Safe Harbor Day, Gary C. Leedes
University of Richmond Law Review
The 2000 presidential election transported the nation down a long and winding road without a map and headed in an uncertain direction. While it might be an exaggeration to say that the system of constitutional law was self-destructing, it is undoubtedly true that the events surrounding the election were spinning out of control, and that irreparable harm to the electoral process and thereby the nation was imminent.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
Annual Survey Of Virginia Law: Antitrust And Trade Regulation Law, Michael F. Urbanski, James R. Creekmore, Beth G. Hungate-Noland
University of Richmond Law Review
This year witnessed the advance of a wide variety of antitrust and trade regulation theories, most of which met with little success. Of the antitrust cases, Continental Airlines waged a successful battle to eliminate carry-on baggage restrictions at Dulles Airport. Additionally, Maryland's price-setting scheme for liquor was not accorded state action immunity. On the other side of the ledger, another antitrust litigant failed to overcome the requirement that efforts to petition the government must be objectively baseless in order to meet the sham exception to the Noerr-Pennington doctrine. Difficulties in proving an antitrust injury and the intent element of a …
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
Annual Survey Of Virginia Law: Family Law, Elizabeth P. Coughter, Ronald R. Tweel
University of Richmond Law Review
The most significant case decisions regarding family law issues in Virginia this year are those cases involving the preemptive effect of federal law on equitable distribution issues. These cases held that federal law preempts state law when beneficiary provisions of certain insurance policies and retirement plans are being determined. Other important decisions struck down the self-executing provisions of property settlement agreements regarding the payment of child support. Additionally, a decision by the Court of Appeals of Virginia would have abrogated all property settlement agreements endorsed prior to 1998 were it not for a subsequent statutory modification.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.
University of Richmond Law Review
This article examines the pertinent legislative and judicial developments of the past year that have effected juvenile law in Virginia. Specifically, this article discusses new laws and amendments passed by the Virginia General Assembly with respect to juvenile delinquency, non-criminal misbehavior, and termination of parental rights. Part IV discusses changes to Title 22.1 of the Virginia Code that affect school disciplinary matters. Part V examines developments in the area of juvenile mental health. Finally, Part VI discusses various miscellaneous developments affecting youth abortions, teenage driving, parental negligence in the tort context, and a significant amendment made to the Comprehensive Services …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
Usual Suspects Beware: "Walk, Don't Run" Through Dangerous Neighborhoods, Margaret Anne Hoehl
University of Richmond Law Review
The Fourth Amendment to the United States Constitution is "designed 'to prevent arbitrary and oppressive interference by enforcement officials with the privacy and personal security of individuals." The Amendment is currently interpreted as consisting of two separate clauses, the first generally prohibiting unreasonable searches and seizures, and the second requiring the establishment of probable cause prior to the issuance of a warrant. Hence, only those government searches and seizures requiring a warrant necessitate the establishment of probable cause, and all other searches and seizures simply need to be "reasonable."
Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman
Wielding The Ax Of Neutrality: The Constitutional Status Of Charitable Choice In The Wake Of Mitchell V. Helms, David J. Freedman
University of Richmond Law Review
During the past decade, the Supreme Court loosened restraints that it had previously imposed upon government aid to religious institutions. In 1996, Congress and the President seized upon this phenomenon and implemented a controversial provision in the Personal Responsibility and Work Opportunity Reconciliation Act of 1996-also known as the Welfare Reform Act of 1996. Included among the various revolutionary provisions of this legislation is something known as Charitable Choice. This program authorizes states to contract with religious institutions to provide social welfare services on behalf ofthe states.
Annual Survey Of Virginia Law: Corporate And Business Law, Lyman P.Q. Johnson
Annual Survey Of Virginia Law: Corporate And Business Law, Lyman P.Q. Johnson
University of Richmond Law Review
This article reviews changes in Virginia corporate and business law for the period from June 2000 through May 2001. Part II examines legislative changes in corporate and other business statutes (excluding public service corporation and insurance law issues) based on Virginia General Assembly action in the 2001 session. Part III reviews judicial decisions during the year, including decisions addressing agency law, partnership law, and corporate law issues and principles. This article describes these decisions and, in several instances, it also critically analyzes the outcomes. Part IV summarizes a May 25, 2001, Order of the Virginia State Corporation Commission amending the …
Jury Trials And First Amendment Values In "Cyber World", John E. Nowak
Jury Trials And First Amendment Values In "Cyber World", John E. Nowak
University of Richmond Law Review
In the past half-century, I suspect, enough trees to constitute a small forest have been turned into paper simply for discussion of free speech and fair trial issues. I doubt that there is little new to say about how legislatures or courts should be dealing with the subject at the moment. The Supreme Court has been able to work out a series of positions that are at least "good enough for govermnent work" concerning subjects such as attorney speech regulations, closure of trials, courthouse picketing, and protective orders related to the discovery process.
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
Family Development Deductions - An Alternative To Repealing The Estate Tax, Richard J. Kovach
University of Richmond Law Review
Opposing political and social interests have long conducted a vigorous debate on whether gratuitous transfers of wealth should invoke federal excise taxes. Attempts to eliminate wealth transfer taxes reached a peak in the summer of 2000, when the Senate passed repeal legislation overwhelmingly approved by the House of Representatives. Those supporting repeal point out that wealth transfer taxation discourages work and savings while encouraging consumption. They further assert that transfer taxation revenue does not constitute a very significant portion of total federal revenue. The supporters of repeal also emphasize how the complexity of these taxes has created a parasitic service …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
A Pragmatic Justification Of The Judicial Hunch, Mark C. Modak-Truran
University of Richmond Law Review
Judges currently face a daunting task. On the one hand, they are increasingly aware of the indeterminacy of the law, while on the other hand, they face an explosion of fact. Judges are floating on shaky legal timbers in a sea of documents, deposition transcripts, affidavits, oral courtroom testimony, and expert opinions. The explosion of fact alone presents monumental problems for deciding cases without unduly simplifying or reducing this factual complexity. For example, both federal and state judges are implementing case management systems to deal with their crushing case loads and the increasing complexity of their cases. In addition, there …
The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill
The Fate Of The Native Hawaiians: The Special Relationship Doctrine, The Problem Of Strict Scrutiny, And Other Issues Raised By Rice V. Cayetano, William E. Spruill
University of Richmond Law Review
Harold "Freddy" Rice is a Native Hawaiian in the sense that he was born in the Hawaiian Islands and can "trace[ ] his ancestry to two members of the legislature of the Kingdom of Hawaii, prior to the Revolution of 1893. " He is a taxpayer and a qualified elector of the United States, the State of Hawaii, and the County of Hawaii. When Rice applied to vote in the 1996 election for the trustees of the Office of Hawaiian Affairs ("OHA"), however, his application was denied. Why? Because, according to a state statute, he was not Hawaiian enough.
The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson
The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson
University of Richmond Law Review
The Roman Emperor Trajan is justly celebrated as an author of several modern civil rights, such as the right to confront one's accusers. But he is most aptly remembered as the ruler who proved that fiduciary government was possible. Following the example of Trajan's reign could improve greatly the standards of American public law.
Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer
Annual Survey Of Virginia Law: Criminal Law And Procedure, William J. Dinkin, Cullen D. Seltzer
University of Richmond Law Review
Because a large amount of the docket for the Court of Appeals of Virginia is comprised of criminal cases, and since the General Assembly regularly turns its attention to the questions of crime and punishment, in almost any year there are a great number of substantial developments in the criminal law. This past year was no exception. This article surveys developments in criminal law and procedure in Virginia from July 2000 to July 2001. Although this article is intended to survey significant developments over the past year, the reader is cautioned to bear in mind several important caveats.
Annual Survey Of Virginia Law: Insurance Law, J. Douglas Cuthbertson
Annual Survey Of Virginia Law: Insurance Law, J. Douglas Cuthbertson
University of Richmond Law Review
This article discusses judicial decisions and various legislation that have affected the law of insurance in Virginia since June 1, 2000. As in years past, most of the changes have taken place in the area of uninsured/underinsured motorist ('"JAVUIM") insurance coverage. This article will discuss these developments as well as those in other areas of insurance law-specifically, those pertaining to agents, coverage, the insurer's duty to defend, fire insurance, life insurance, misrepresentation, and waiver and estoppel.
Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin
Annual Survey Of Virginia Law: Environmental Law, Kevin J. Finto, Christopher R. Graham, Brooks M. Smith, Penny A. Shamblin
University of Richmond Law Review
Recent developments in environmental law in Virginia continue to reflect several trends. These trends may be grouped into six general categories: (1) the growing tension between federal environmental mandates and their practical implementation through delegated state programs; (2) the continuing debate over the exact definition of "interstate commerce" and the scope of state authority to regulate in the gray area; (3) the impending deregulation of the electrical energy market; (4) the promotion of sustainable development; (5) the developing schism between state and local land use control; and (6) the evolving nature of administrative law in the environmental context. The following …
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson
University of Richmond Law Review
The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2001 Session. In addition, one Supreme Court of Virginia opinion and three Virginia Circuit Court opinions raised issues of interest to the general practitioner as well as the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
Annual Survey Of Virginia Law: Revised Article 9: A Primer For The General Practitioner, David Frisch
University of Richmond Law Review
These are exciting times for commercial lawyers. Over the past fifteen years, the sponsoring organizations of the Uniform Commercial Code (UCC or the Code), the American Law Institute (ALI) and the National Conference of Commissioners on Uniform State Laws (NCCUSL), have been hard at work to keep the UCC responsive to contemporary needs. Aside from periodic adjustments to existing UCC articles that reflect societal changes, two new articles have been added to cover commercial activity previously governed by the common law of contract. In 1998, the ALI and NCCUSL gave their approval to the final text of the newest version …
Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson
Criminalizing "Virtual" Child Pornography Under The Child Pornography Prevention Act: Is It Really What It "Appears To Be?", Wade T. Anderson
University of Richmond Law Review
Years after his death, John Wayne sells beer in television commercials. Eons after their extinction, lifelike dinosaurs continue to terrorize actors and thrill moviegoers. The highest- grossing film of all time4 employs "virtual" passengers aboard the Titanic, worrying some members of the Screen Actors Guild. All of these feats have been accomplished using sophisticated computer graphics software that blurs the distinction between imagination and reality. This manipulative digital power has raised concerns about such things as "digital kidnapping," the unauthorized misuse of digital images. For example, such digital misuse could include, as intellectual property professor Joseph Beard notes, "a star …
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
Reflections On Human Rights And Civil Liberties In Light Of The United Kingdom's Human Rights Act 1998, Conor Gearty
University of Richmond Law Review
It seems at times as though the entire world has become ad- dicted to human rights. The United States has, of course, had its famed Bill of Rights for generations. The United Kingdom's Human Rights Act has recently come into force. That measure also applies to Northern Ireland, with human rights issues appearing in the Good Friday Agreement. Both Britain and Ireland have adopted the model of the European Convention on Human Rights and Fundamental Freedoms, a charter agreed to on November 4, 1950, by western European nations emerging from a dark age of fascist totalitarianism. The body which gave …
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
Volume 35, Number 1
Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill
Giving New Meaning To "Handicap": The Americans With Disabilities Act And Its Uneasy Relationship With Professional Sports In Pga Tour, Inc. V. Martin, William E. Spruill
University of Richmond Law Review
Imagine that an all-star batter for the New York Yankees had a circulatory disease that made it difficult and painful for him to run. Would Major League Baseball be forced to permit a designated base runner to run for the disabled batter starting from home plate? Consider Jim Abbott, the successful major league pitcher who was born without a right arm. Under the Americans With Disabilities Act ("ADA"), could Abbott, who pitched well for many years in the American League, which has the designated hitter rule, force the National League, which does not, to exempt him from its batting requirement? …
Moving Virginia Into The Forefront Of Innovation And Progress, James S. Gilmore Iii
Moving Virginia Into The Forefront Of Innovation And Progress, James S. Gilmore Iii
University of Richmond Law Review
It is a great honor to write the Foreword to the University of Richmond Law Review's Annual Survey of Virginia Law for the second successive year. The University of Richmond has consistently been one of the finest institutions of higher education not only in Virginia, but throughout the United States. The Law School shares that proud tradition, and so does this Survey, which is now in its seventeenth year of publication.
Preface, Heather M. Cain
Preface, Heather M. Cain
University of Richmond Law Review
The University of Richmond Law Review is pleased to present its seventeenth Annual Survey of Virginia Law. The Annual Survey serves as a comprehensive and reliable resource for the Law Review's readership, focusing on legislative, administrative, and judicial developments throughout the Commonwealth of Virginia. Each article is written by a Virginia practitioner or professor who is considered an expert in that particular area of law.
Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez
Annual Survey Of Virginia Law: Property Law, Michael V. Hernandez
University of Richmond Law Review
This article surveys judicial and legislative developments in Virginia property law from June 1, 2000, to June 1, 2001.