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Articles 31 - 45 of 45
Full-Text Articles in Law
Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce
Insurer's Liability For Prejudgment Interest: A Modern Approach, David J. Pierce
University of Richmond Law Review
The term "prejudgment interest" denotes the interest on a judgment computed from the time of the actual injury to the date of the final judgment. It is interest on a sum of money which, until the rendering of final judgment, has not been declared to be damages for the plaintiff. Prejudgment interest is not punitive. It is better viewed as compensatory in nature because its purpose is to indemnify a claimant for the loss. of the money which presumably could have been earned had payment of damages not been delayed. Once a cause of action accrues, the injured party becomes …
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
Warrantless Searches And Seizures In Virginia, Ronald J. Bacigal
University of Richmond Law Review
There is a well-recognized lack of consistency and clarity in fourth amendment decisions. At times, each search and seizure case seenis unique and the decisions appear to rest on factual determinations rather than on legal principles. Nonetheless, it is desirable to have some understanding of the basic principles of the fourth amendment, and the way in which these principles affect individual cases.
Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles
Coal Slurry Pipeline, Mary Kathleen Martin, Laurie L. Riddles
University of Richmond Law Review
Coal, a primary energy source, is presently fueling the fires of debate in Virginia. The controversy has arisen over a plan developed by private investors to construct a coal slurry pipeline. The pipeline, as proposed, would transport between five and twenty-five million tons of coal annually from southwest Virginia to the Tidewater area. The coal would be pulverized and combined in a fifty percent mixture with water. Once the coal reaches its destination, the water would be extracted by centrifuge, leaving the coal ready for use.
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
The First Amendment And Licensing Biology Teachers In Creationism, Benjamin W. Emerson
University of Richmond Law Review
The constitutional provisions separating church and state have long provided fertile ground for conflict resulting in often-bitter courtroom battles. From the famous Scopes "monkey trials" of 1927 in which Clarence Darrow eloquently argued for the teaching of Darwin's theory of evolution in the public schools, through the decisions of the sixties, seventies, and eighties banning prayer, the posting of the Ten Commandments, and similar practices, the conflict has finally come full circle, with fundamentalist Christian groups now arguing that the Biblical account of creation should be taught in public schools as scientific theory.
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the index for Law Review Vol. XVII.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
Unemployment Compensation Benefits: Part Of A Balanced Package Of Relief For Sexual Harassment Victims, Meri Arnett-Kremian
University of Richmond Law Review
Although sexual harrassment was once a topic discussed so rarely as to be almost taboo, it now is subject to much analysis. Books and articles in magazines and professional journals have helped define the parameters of the problem, treating it both as a sociological phenomenon and as a legal issue. Articles discussing the legal aspects of sexual harassment tend to concentrate exclusively on the arsenal of litigation weapons available to a potential plaintiff, despite the fact that the vast majority of women who experience harassment will choose not to sue, and those who do will often wait years before they …
The Polygraph In The Workplace, David E. Nagle
The Polygraph In The Workplace, David E. Nagle
University of Richmond Law Review
The polygraph is an instrument which measures and records certain physiological data of a subject under controlled conditions in an attempt to detect deception. It operates on the theory that an individual exhibits certain predictable physiological characteristics every time that he intentionally tells a lie. While some critics question the reliability and validity of polygraph test results, the use of the polygraph in the workplace reveals that it has gained acceptance by a sizable segment of American business as an effective tool in personnel matters.
Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson
Agency "Capture": The "Revolving Door" Between Regulated Industries And Their Regulating Agencies, Edna Earle Vass Johnson
University of Richmond Law Review
Public confidence in the integrity of our public officials is necessary for effective government. The independence of the federal regulatory process is a crucial element of that confidence. When this independence is examined, however, a major concern arises about the inherent appearance of impropriety and conflict of interest in the "revolving door" practice of federal agencies.
Effect Of Immigration & Naturalization Service V. Chadha On Executive Reorganization, Peter M. Mellette
Effect Of Immigration & Naturalization Service V. Chadha On Executive Reorganization, Peter M. Mellette
University of Richmond Law Review
Three recent decisions by the United States Supreme Court, Immigration and Naturalization Service v. Chadha, Consumer Energy Council v. Federal Energy Regulatory Commission, and Consumers Union v. Federal Trade Commissions have altered the balance of power between Congress and the executive branch, invalidating a congressional check on executive power which had been in use for over fifty years. In an opinion in Chadha and by affirmance in the other cases, the Court held that under the separation of powers doctrine the legislative veto violated the presentment and bicameral requirements of the Constitution and thereby intruded on the province of the …
The Ordinary Disease Exclusion In Virginia's Workers' Compensation Act: Where Is It Going After Ashland Oil Co. V. Bean?, Teri Scott Lovelace
The Ordinary Disease Exclusion In Virginia's Workers' Compensation Act: Where Is It Going After Ashland Oil Co. V. Bean?, Teri Scott Lovelace
University of Richmond Law Review
Recoverable claims under the Virginia Workers Compensation Act are divided into two categories: injuries by accident and injuries from occupational diseases. Occupational disease coverage has undergone significant expansion in the past decade. Faced with society's demand and its own desire to expand, the Industrial Commission has gradually broadened its interpretation of the Act. The expansion of occupational disease coverage has, however, been significantly hindered by the statutory compensation exclusion for ordinary diseases. Uncertain as to the full effect of this exclusion, the Commission has fluctuated between granting and denying awards for ordinary diseases. The Commission's conflicting treatment of ordinary diseases …
Board Of Regents Of University Of Oklahoma V. National Collegiate Athletic Association, Application Of The Per Se Rule To Price-Fixing Agreements, Robert M. Pfeifer
Board Of Regents Of University Of Oklahoma V. National Collegiate Athletic Association, Application Of The Per Se Rule To Price-Fixing Agreements, Robert M. Pfeifer
University of Richmond Law Review
In Board of Regents of University of Oklahoma v. National Collegiate Athletic Association, the Tenth Circuit Court of Appeals affirmed a lower court ruling that invalidated regulation of college football television contracts by the National Collegiate Athletic Association (NCAA). This decision left colleges and universities free to contract for the sale of broadcast rights to their football games. The United States District Court for the Western District of Oklahoma held that the NCAA television foot- ball plan and network contracts constituted an illegal price-fixing agreement and thus were per se violations of section 1 of the Sherman Anti-Trust Act. The …
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
Executive Privilege: Historic Scope And Use In The Watergate And Environmental Protection Agency Hearings, Jean M. D'Ovidio
University of Richmond Law Review
Executive privilege is "a concept invoked by members of the executive branch of the government to justify withholding evidence and other communicative materials from the legislative and judicial branches." Since the presidency of George Washington, the executive has attempted to withhold information from the other two branches.
Auditors' Liability - Adoption Of A Reasonable Foreseeability Standard, Laurence E. Skinner
Auditors' Liability - Adoption Of A Reasonable Foreseeability Standard, Laurence E. Skinner
University of Richmond Law Review
The common law liability of auditors to third party users of negligently audited financial statements is currently in a state of transition. For years, on the basis of Ultramares Corp. v. Touche, auditors successfully raised a lack of privity of contract with the plaintiff as a defense in negligence actions. Starting in the late 1960's, however, courts began to abandon the privity defense in favor of liability limited to actually foreseen third parties or foreseeable classes of financial statement users. Two recent cases manifesting the trend toward expanded auditors' liability held for the first time that negligent auditors can be …