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- Bulala v. Boyd (2)
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- Kim-Stan Inc. v. Department of Waste Management (2)
- Luddeke v. Amana Refrigeration (2)
- Marks v. City of Chesapeake (2)
- Murray v. Hadid (2)
- Nina R. Kestin (2)
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- A Landlord's Duty to Protect Against Criminal Acts on Premises: A Proposal for Virginia (1)
- A Tribute to Nina R. Kestin (1)
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Articles 1 - 30 of 37
Full-Text Articles in Law
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
University of Richmond Law Review
The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …
A Landlord's Duty To Protect Against Criminal Act On Premises: A Proposal For Virginia, Bonnie Mcduffee
A Landlord's Duty To Protect Against Criminal Act On Premises: A Proposal For Virginia, Bonnie Mcduffee
University of Richmond Law Review
"The world abounds with laws, and teems with crimes," a statement made in 1775, applies with equal force today. No one escapes the specter of crime. An Arlington, Virginia woman, assaulted in her apartment, knows the toll crime takes. So does a woman falling victim to an attacker in a dark Norfolk, Virginia parking lot.
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
The past few years of legal developments involving children have been marked in part by an increase in the number of major decisions from the United States Supreme Court which have had a direct impact on children. Some of those decisions have had a very dramatic effect, as noted in previous surveys, such as juvenile death penalty cases, cases addressing issues involving abused or neglected children, an opinion defining the associational rights of children, two cases further extending the rights of illegitimate children, decisions addressing the educational rights of handicapped children, and three important decisions narrowing the first amendment and …
Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.
Annual Survey Of Virginia Law: Environmental Law, James E. Ryan Jr.
University of Richmond Law Review
This article addresses significant developments in Virginia law pertaining to air and water pollution, solid and hazardous waste, and environmentally sensitive areas which have occurred between the publication of last year's survey and August 1, 1990.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
The Specificity Of Pleading In Modern Civil Practice: Addressing Common Misconceptions, Ian James Wilson, William Louis Payne
University of Richmond Law Review
The pleading procedure serves as the foundation for the entire legal process. Pleadings focus the issues, narrow the evidence admissible at trial, apprise the adverse party and the court of the matter in dispute, and provide the extent of the res judicata effect of the judgment. To secure the foundation and to effectuate the purposes of the pleading procedure, it is imperative that the pleading set forth sufficient allegations. The standard for determining the sufficiency of the allegations is referred to as the specificity requirement and serves as the focus of this Note.
Remembering Nina R. Kestin, Kenneth E. Powell
Remembering Nina R. Kestin, Kenneth E. Powell
University of Richmond Law Review
There are many people whose lives are different because Ricki Kestin was in it. I am one of those people. You will understand when I tell you that I did not want to speak today; that I did not want to tell you what I knew or thought or felt about Ricki.
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
Annual Survey Of Virginia Law: Evidence, Charles E. Friend
University of Richmond Law Review
The past year has brought a variety of appellate court decisions (and a few legislative actions) in the evidence area. Some of these are merely affirmations of well-established principles; others answer questions about evidence law which have troubled lawyers and judges in the Commonwealth for some time. And, inevitably, some of them raise questions in areas once thought to be definite and certain.
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
Annual Survey Of Virginia Law: Antitrust And Trade Regulation, Michael F. Urbanski
University of Richmond Law Review
In this past year, as in previous years, Virginia courts have imposed strict requirements on plaintiffs bringing antitrust claims. While antitrust claims remain popular, many have foundered because the plaintiff either failed to show the existence of an antitrust conspiracy or antitrust injury, or the plaintiff inadequately defined the market allegedly affected by the antitrust violation. The courts' exacting scrutiny extends beyond the elements of the action itself to procedural rules, evidentiary requirements and remedies. While one Fourth Circuit case suggests a slight relaxation in the analysis of state action immunity, the apparent adoption of the "market screen" analysis in …
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
Feres To Chappell To Stanley: Three Strikes And Servicemembers Are Out, Jonathan P. Tomes
University of Richmond Law Review
With its decision in United States v. Stanley, the United States Supreme Court completed the virtual evisceration of servicemembers' constitutional rights begun thirty-seven years before in Feres v. United States. Although the courts have never expressly held that servicemembers do not enjoy the same constitutional rights that other citizens enjoys the Supreme Court's decision in Stanley has left servicemembers without an effective remedy to vindicate their constitutional rights. Rights without means of enforcing them are meaningless.
As We Forgive Our Debtors: Bankruptcy And Consumer Credit In America, Michael J. Herbert
As We Forgive Our Debtors: Bankruptcy And Consumer Credit In America, Michael J. Herbert
University of Richmond Law Review
Bankruptcy may soon join death and taxes as an inevitable consequence of human life. During the year ending June 30, 1988, (the most recent year for which there are conveniently available figures) 594,567 American individuals and companies filed for bankruptcy. There is more than a sporting chance that, come the next recession, bankruptcies will top one million per year. Good news for lawyers, if not the economy.
Substantial Connection And The Illusive Facilitation Element For Civil Forfeiture Of Narcoband In Drug Felony Cases, Steven S. Biss
Substantial Connection And The Illusive Facilitation Element For Civil Forfeiture Of Narcoband In Drug Felony Cases, Steven S. Biss
University of Richmond Law Review
When Stanford Bradshaw returned home from the mall, Halifax County, Virginia, police officers arrested him for possession of cocaine. A subsequent search of his residence produced forty-nine grams of cocaine, a set of scales and a little over $17,000 in cash stuffed in a bank bag. Bradshaw was a cocaine addict who occasionally sold drugs from his house. Although he knew he had committed a serious crime, Bradshaw did not imagine the ultimate consequence of his criminal activity. The Commonwealth's Attorney seized Bradshaw's house and instituted forfeiture proceedings: the most powerful weapon in its arsenal. As a result of his …
University Of Richmond Law Review Index
University Of Richmond Law Review Index
University of Richmond Law Review
This is the Index for Law Review Volume XXIV.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr.
Annual Survey Of Virginia Law: Planning, Zoning And Subdivision Law, Woodrow W. Turner Jr.
University of Richmond Law Review
The philosophy which guided the Supreme Court of Virginia in reviewing land use cases in the decade of the 1970's is exemplified by the Court's reasoning in Fairfax County v. Snell Corp.
Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette
Annual Survey Of Virginia Law: Recent Developments In Medical Malpractice And Health Care Law, Peter M. Mellette
University of Richmond Law Review
Over the past year, medical malpractice and health care law in the Commonwealth have undergone significant changes. Major case decisions and significant legislative activity, both at the state and federal levels, have altered the playing field for many health care providers, insurers, and consumers.
Annual Survey Of Virginia Law: Property Law, Michael H. Terry, Charles H. Rothenberg, Gloria L. Freye
Annual Survey Of Virginia Law: Property Law, Michael H. Terry, Charles H. Rothenberg, Gloria L. Freye
University of Richmond Law Review
The Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and the Circuit Court of Fairfax County have decided a number of important property law cases over the past year. Part I of this article discusses the most significant of those cases. Legislation passed by the Virginia General Assembly with respect to property is discussed in Part II of this article.
Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine
Annual Survey Of Virginia Law: Professional Responsibility, Timothy M. Kaine
University of Richmond Law Review
This year, like many years, has been marked by increasing public concern over legal ethics. Public attention has been drawn to lawyers' participation in scandals such as the misuse of funds by the Department of Housing and Urban Development, the collapse of the savings and loan industry, and numerous ethical breaches by members of Congress.
Annual Survey Of Virginia Law: Taxation, Carle E. Davis
Annual Survey Of Virginia Law: Taxation, Carle E. Davis
University of Richmond Law Review
In its 1990 session, Virginia's General Assembly passed many bills amending sections of and adding new sections to title 58.1 of the Code of Virginia (the "Code"). These bills affected a broad range of areas, including the individual and corporate income tax, the sales and use tax, real estate and recordation taxes, and miscellaneous local taxes. The Supreme Court of Virginia also decided several cases concerning miscellaneous taxation issues. In addition, the Virginia Department of Taxation finalized several regulations and promulgated proposed regulations. This article covers legislative and regulatory changes, and recent judicial decisions affecting Virginia taxation from July 1989 …
Annual Survey Of Virginia Law: Tort Law, Sharon Maitland Moon
Annual Survey Of Virginia Law: Tort Law, Sharon Maitland Moon
University of Richmond Law Review
This article addresses tort legislation considered during the 1990 Session of the Virginia General Assembly. This article also reviews significant cases involving torts and products liability decided from January 1, 1989, through May 31, 1990, by the Supreme Court of Virginia, The United States Supreme Court, and the federal courts sitting in Virginia.
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 1990 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the "Code"). In addition to this legislation, there were fifteen cases from the Supreme Court of Virginia, in the year ending June 1, 1990, which involved issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these legislative and judicial developments.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
The Rtc: A Practical Guide To The Receivership/Conservatorship Process And The Resolution Of Failed Thrifts, Vicki O. Tucker, Patti G. Meire, Phyllis M. Rubinstein
The Rtc: A Practical Guide To The Receivership/Conservatorship Process And The Resolution Of Failed Thrifts, Vicki O. Tucker, Patti G. Meire, Phyllis M. Rubinstein
University of Richmond Law Review
In response to a growing crisis in the thrift industry, Congress enacted the Financial Institutions Reform, Recovery, and Enforcement Act of 1989 ("FIRREA" or "Act"). The crisis was evidenced by the failure of over 500 thrifts between 1980 and 1988-more than three and one-half times as many in the previous forty-five years combined. In 1988 alone, the Federal Savings and Loan Insurance Corporation ("FSLIC," which prior to FIRREA insured most of the thrift industry's deposits) merged or liquidated over 200 insolvent thrifts, and the U.S. Government's General Accounting Office ("GAO") estimated in 1989 that at least 338 additional thrifts were …
The Surrogate Mother Contract: In The Best Interests Of Society?, Audrey Wolfson Latourette
The Surrogate Mother Contract: In The Best Interests Of Society?, Audrey Wolfson Latourette
University of Richmond Law Review
On March 31, 1987, Judge Harvey R. Sorkow upheld, for the first time, the validity of a surrogate mother-contract in his decision, In the Matter of Baby M. In broad and sweeping language, the judge deemed the contract between the natural mother, Mary Beth Whitehead, (termed the surrogate, pursuant to the contract language) and the natural father, William Stern, specifically enforceable. Judge Sorkow thus terminated Whitehead's parental rights to the child she bore and permanently denied her claims for future custody or future visitation. Creating new law, the judge held that baby selling and adoption laws do not pertain to …
A Tribute To Nina R. Kestin, Daniel T. Murphy
A Tribute To Nina R. Kestin, Daniel T. Murphy
University of Richmond Law Review
The University of Richmond Law Review respectfully dedicates this issue to the memory of Professor Nina R. Kestin, 1947-1989. Professor Kestin earned her law degree and masters degree in taxation from New York University. She practiced law in New York for several years before joining the faculty of the T.C. Williams School of Law here in 1976. Many students learned their tax law and professional responsibility principles from her during her 13 years of teaching. But Professor Kestin taught her colleagues and students much more than the law.
Comparative American Judicial Systems, Jeffrey A. Parness
Comparative American Judicial Systems, Jeffrey A. Parness
University of Richmond Law Review
Far too often when we discuss American courts and their judicial systems, we take little note of the significant differences in the ways in which cases are handled and law is practiced. We probably contemplate the dichotomy between trial and appellate courts; between rural and urban courts; between general and special jurisdiction courts; between state and federal courts; between courts with elected and selected judges; and between civil and criminal courts. We also surely contemplate the differences in attitudes, work habits, ideology, staff and the like which separate individual judges, and we inevitably contemplate the divergent judicial approaches to the …
At-Will Employment: Going, Going, Cheryl S. Massingale
At-Will Employment: Going, Going, Cheryl S. Massingale
University of Richmond Law Review
The doctrine of at-will employment is undergoing serious erosion. At-will employment has traditionally meant that either party in an employment relationship is free to terminate employment at any time for any reason. In recent years, however, court rulings have created many exceptions to the at-will rule, and the current status of the doctrine offers little certainty as to whether a particular dismissal decision will result in liability for wrongful termination.
The Misappropriation Theory: A Practical Means Of Imposing Rule 10b-5 Liability, Christine Marra
The Misappropriation Theory: A Practical Means Of Imposing Rule 10b-5 Liability, Christine Marra
University of Richmond Law Review
The degree of insider trading has intensified in recent years. This intensification is partially due to the current law's failure to provide a clear standard for imposing liability. Rule 10b-5, formulated by the Securities and Exchange Commission (SEC) to implement section 10(b) of the Securities Exchange Act of 1934, does not contain a clear definition of insider trading. The courts have struggled to define the scope of 10b-5; the leading case law demonstrates the difficulty courts have had determining what constitutes insider trading.
Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.
Steering Away From The Arbitration Process: Recognizing State Law Tort Actions For Unionized Employees, David C. Gardiner Jr.
University of Richmond Law Review
When an employer and a labor union negotiate over an employment contract, their agreements are usually set forth in a collective bargaining agreement. The collective bargaining agreement defines the relationship between the employer and the unionized employees and addresses such matters as wages, hours, and other conditions of employment. Additionally, collective bargaining agreements usually include grievance procedures and arbitration clauses to resolve disputes between the employer and the unionized employees.
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
State Action Under The Religion Clauses: Neutral In Result Or Neutral In Treatment?, David K. Dewolf
University of Richmond Law Review
The United States Supreme Court's treatment of the first amendment's religion clauses over the last fifty years has generated considerable controversy. While few religion clause cases reached the Supreme Court prior to 1940, the number steadily multiplied once the first amendment was incorporated into the fourteenth amendment. The Court's doctrinal development was incremental and uncertain, but by 1971 the Court had developed a test for each of the religion clauses to evaluate the constitutionality of challenged state action. Although these tests have not been followed with perfect fidelity, they have been the starting point for virtually all of the religion …