Law Commons^™

The Due-On-Sale Clause: A Marriage Gone Sour - A Checklist For The Practitioner, W. Wade Berryhill

Law Faculty Publications

The purpose of this article is to identify and examine the influencing considerations and the attachment of significance given to them by the courts in the "due-on" cases. After a discussion of recent litigation addressing the enforceability of the "due-on" clauses in Virginia, a summarizing checklist will follow detailing the factors which must be considered by the practitioner preparing to draft or litigate the clause.

Equal Access To Evidence: The Case For The Defense Use Of Immunity For Essential Witnesses, Andrea Lyon

Law Faculty Publications

No abstract provided.

Equity Insolvency And The New Model Business Corporation Act, Daniel T. Murphy

Law Faculty Publications

By eliminating earned and capital surplus, the new Model Business Corporation Act may be perceived as providing directors with some additional flexibility regarding distributions to shareholders. As a practical matter however, the statute does not dramatically enlarge the ambit of their discretion. Directors have always had the flexibility to make distributions from both earned or capital surplus. The distributions are still tempered, as they were under the old statute, by the notion of equity solvency. On the other hand, the Comment to new section 45 provides the board of directors with substantial guidance of the proper methodology to use in …

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

Techniques Of Legal Drafting: A Survival Manual, Peter N. Swisher

Law Faculty Publications

The purpose of this article is to identify and demonstrate various legal drafting concepts and techniques in order to give the law student and legal practitioner a working knowledge of the fundamental principles of legal drafting. Although this article does not purport to be an exhaustive treatise on the subject, it is offered to law students and practitioners alike for what it is-a basic survival manual for the aspiring legal draftsman.

Teaching Legal Reasoning In Law School, Peter N. Swisher

Law Faculty Publications

With the understanding that reasonable scholars and critics may differ, it is nevertheless this article's contention that law schools today must still strive to teach the basic logical principles-and process-of legal reasoning. By analogy, a swimmer must learn at least a few basic strokes in order to survive in his new environment. The same is true with law students and legal reasoning. An elementary foundation in legal reasoning skills, limited though it may be, is still better than nothing at all-especially when the latter alternative offers only confusion and misunderstanding.

The purpose of this article is to discuss one such …

Discovery Of Penalites, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.

Review On Commentaries On The Laws Of England: A Facsimile Of The First Edition Of 1765-1769, William Hamilton Bryson

Law Faculty Publications

A book review on, Commentaries on the Laws of England: A Facsimile of the First Edition of 1765-1769, by W. Blackstone.

Discharges Under The New Bankruptcy Code, David G. Epstein

Law Faculty Publications

Prepared for the ALIABA Course of Study on Consumer Debtors and the Bankruptcy Code, September 24-25, 1981; revised by the author prior to publication in the Course Materials Journal.

Unless otherwise indicated, all section references are to the Bankruptcy Act of 1978, Title 11 of the United States Code ("Code"). "B.C.D." refers to the Bankruptcy Court Decisions; "B.R.," to West's Bankruptcy Reporter; "C.B.C.," to Collier's Bankruptcy Cases; and "UCC," to the Uniform Commercial Code.

Indianapolis Desegregation: Segregative Intent And The Interdistrict Remedy, Susan P. Stuart

Law Faculty Publications

No abstract provided.

The Export Trade Association Act Of 1981--A Brief Analysis, Daniel T. Murphy

Law Faculty Publications

Concern over the dramatic competitive decline of the United States in the realm of free world exporting has led to the "introduction into the United States Senate of S. 144, the Export Trade Association Act of 1981, "[a] bill to encourage exports by facilitating the formation and operation of export trading companies, export trade associations, and the expansion of export trade services generally ... . m This bill contains two parts. Title I, referred to as the Export Trading Company Act of 1981, is intended to encourage the formation and operation of export trading companies by allowing financial institutions, such …