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Articles 1 - 3 of 3
Full-Text Articles in Law
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
Double Jeopardy And The Commonwealth's Right To Writs Of Error In Criminal Cases, Roger D. Scott
University of Richmond Law Review
In the 1986 legislative session, the Virginia General Assembly attempted to produce a constitutional amendment designed to expand the right of Commonwealth's Attorneys to appeal criminal cases. The Virginia Constitution prohibits appeals by the commonwealth in criminal cases in which the accused might be sentenced to death or imprisonment, unless the case involves state revenue. Advocates of an amendment to expand prosecutorial appeals have never fully explained the historical context of the prohibition against such appeals and their complex relationship to other constitutional, statutory, and common law provisions. The subject of prosecutorial appeals involves such fundamental legal issues as former …
To Bare Or Not To Bare: The Constitutionality Of Local Ordinances Banning Nude Sunbathing, Richard B. Kellam, Teri Scott Lovelace
To Bare Or Not To Bare: The Constitutionality Of Local Ordinances Banning Nude Sunbathing, Richard B. Kellam, Teri Scott Lovelace
University of Richmond Law Review
One of America's favorite and most popular summertime activities is sunbathing. Millions of Americans enjoy this recreational pastime each year. Sunbathing is a form of relaxation shared by all people, regardless of economic or social status in society. In recent years, the social nudism movement has grown and gained considerable support. One statistic boasts that approximately thirty-three million people have, at some time in their lives, engaged in social nudism in one form or another. As a result of this growth, nudist groups have become highly organized national associations with local chapters throughout the country. It is through these national …
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
Lowe V. Sec: Investment Advisors Act Of 1940 Clashes With First Amendment Guarantees Of Free Speech And Press, Stacy P. Thompson
University of Richmond Law Review
In the wake of mounting controversy over whether federal securities laws can withstand first amendment scrutiny, the United States Supreme Court granted certiorari in Lowe v. SEC to consider whether the first amendment prohibits an injunction against publication and distribution of an investment advisory newsletter by an unregistered investment advisor. However, the Court bypassed this constitutional question, and instead adopted a statutory construction of the Investment Advisers Act of 1940 (the "Act") that excluded Lowe's newsletters as "bonafide financial publications" of general circulation under section 80(b)- 2(a)(11)(D). The majority ruled that the petitioners were not investment advisers, and therefore did …