Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1992

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 6901 - 6930 of 7926

Full-Text Articles in Law

Annual Survey Of Virginia Law: Administrative Law, James N. Christman Jan 1992

Annual Survey Of Virginia Law: Administrative Law, James N. Christman

University of Richmond Law Review

This article covers changes made to the Virginia Administrative Process Act (VAPA) during the 1992 session of the General Assembly. It also covers selected recent cases from Virginia courts dealing with state administrative procedure decided between August 30, 1990 and September 17, 1992.

Go to article

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters Jan 1992

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, A. William Charters

University of Richmond Law Review

This article reviews recent developments and changes in legislation, case law, and Virginia Supreme Court Rules affecting civil litigation. Its scope does not extend to criminal procedure or to topics unique to equity practice.

Go to article

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin Jan 1992

Annual Survey Of Virginia Law: Criminal Law And Procedure, Steven D. Benjamin

University of Richmond Law Review

During the past year, the Virginia Court of Appeals continued to be the primary contributor to the development of substantive and procedural criminal law in Virginia. As it has in years past, the court ruled on numerous Fourth Amendment questions, particularly with respect to investigatory detention. Other significant rulings dealt with double jeopardy, discovery, due process, and trial procedure.

Go to article

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee Jan 1992

Annual Survey Of Virginia Law: Environmental Law, Theodore R. Kingsley, Carole M. Agee

University of Richmond Law Review

This article addresses significant developments in Virginia law pertaining to air quality, water quality and solid and hazardous waste which have occurred between the publication of the 1990 survey and May 1, 1992.

Go to article

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr. Jan 1992

Annual Survey Of Virginia Law: Legal Issues Involving Children, Robert E. Shepherd Jr.

University of Richmond Law Review

Three events in the past year significantly impacted the way the legal system treats children. First, the family court experiment being conducted under the auspices of the Supreme Court of Virginia and the Judicial Council was concluded. Second, the General Assembly established a state-wide, community-based, inter-agency system to deliver services to children and youth. Third, the Virginia Supreme Court promulgated the first set of statewide rules governing proceedings in juvenile and domestic relations district courts. The year's other developments were not as systemic or far reaching as those above, although recommendations flowing from the Youth Services Commission's' legislatively-mandated study of …

Go to article

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson Jan 1992

Annual Survey Of Virginia Law: Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The 1992 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, in the year ending June 1, 1992, there were five cases from the Supreme Court of Virginia and two from the Fourth Circuit Court of Appeals which involve 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.

Go to article

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg Jan 1992

Annual Survey Of Virginia Law: Property Law, Charles H. Rothenberg

University of Richmond Law Review

Both the Virginia Supreme Court and the General Assembly addressed important issues affecting property law in Virginia over the past year. For instance, the Virginia Supreme Court considered for the first time the extent to which dominant estate owners could improve rights of way benefiting their property. The General Assembly has gone a long way toward vitiating the long held caveat emptor rule predominant in Virginia by adopting a residential sales disclosure statute. These and other important cases and statutes are discussed below.

Go to article

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander Jan 1992

Annual Survey Of Virginia Law: Workers' Compensation, Mary G. Commander

University of Richmond Law Review

This article reintroduces workers' compensation as a topic given periodic treatment in the Annual Survey of Virginia Law. Prior to the creation of the Virginia Court of Appeals, effective January 1, 1985, the law of workers' compensation had become static and predictable; accordingly, other areas were given priority in the Survey. This article covers selected significant developments in the law since 1985.

Go to article

Disability Law Compliance Manual, Kathe A. Klare Jan 1992

Disability Law Compliance Manual, Kathe A. Klare

University of Richmond Law Review

The Americans with Disabilities Act (ADA), signed into law by President Bush on July 26, 1990, is viewed by many as the most significant civil rights legislation since the Civil Rights Act of 1964. As a result of census data, national polls, and other studies, there was a recognition that persons with disabilities, as a group, have been relegated to an inferior status in all realms of society. Thus, persons with disabilities have been, and remain, severely disadvantaged in achieving social interactions and vocational, economic and educational goals. The enactment of the ADA seeks to provide persons with disabilities the …

Go to article

The Paradox Of United State Democracy, C. A. Gearty Jan 1992

The Paradox Of United State Democracy, C. A. Gearty

University of Richmond Law Review

This program is about a paradox at the heart of American democracy. We take it for granted that elected officials, like President Bush and members of Congress, run America. In fact, many of the country's most important decisions are taken by nine unelected lawyers accountable to no one. It is a paradox which is increasingly under scrutiny as more and more Americans are coming to question the power of their Supreme Court.

Go to article

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers Jan 1992

Guardianship Laws: Reform Efforts In Virginia, Harriette Haile Shivers

University of Richmond Law Review

During the decade following 1978, six statewide initiatives addressed the need for reform in the Virginia guardianship system. In 1988, the General Assembly established a joint subcommittee to evaluate the status of guardianship in the Commonwealth and to make recommendations to enhance the existing program to ensure the protection of citizens who entrust their lives and property to the guardianship system. Additionally, prompted by the urgent need for a public response to the shortage of available guardians, the General Assembly directed the Department of Social Services to examine the possibility of reserving public guardianship for use only as a last …

Go to article

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney Jan 1992

Unlocking The Chamber Doors: Limiting Confidentiality In Proceedings Before The Virginia Judicial Inquiry And Review Commission, Brian R. Pitney

University of Richmond Law Review

In a Mississippi case, a judge imposed and collected criminal fines, then willfully and fraudulently documented the case as dismissed, keeping the money for himself. In California, the Commission of Judicial Qualifications removed a judge for prodding an attorney with a "dildo," grabbing a court commissioner by his testicles in a public hallway, and habitually making offensive sexual remarks at his office. A Massachusetts judge received public censure for making derogatory and obscene references to members of the bench and bar, becoming intoxicated and urinating in public, and setting unusually high bail for African-American defendants. After a Federal Bureau of …

Go to article

Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd Jan 1992

Putting The Teeth Back Into The Bfoq Requirement Of Title Vii And The Pregnancy Discrimination Act: International Union V. Johnson Controls, Inc., M. Chris Floyd

University of Richmond Law Review

In a resounding victory for women's and workers' rights, the U.S. Supreme Court has found that a Wisconsin battery manufacturer, in barring women without proof of infertility from jobs involving exposure to lead, violated the Civil Rights Act of 1964.

Go to article

The Role Of The Modern Supreme Court, Ronald D. Rotunda Jan 1992

The Role Of The Modern Supreme Court, Ronald D. Rotunda

University of Richmond Law Review

In The FederalistNo. 78, Alexander Hamilton examined the judicial department. He relied on that branch to safeguard the limitations drafted into the Constitution. While the judiciary is "incontestably" and "beyond comparison the weakest of the three departments of power," he conceded, nonetheless, the constitutional limitations on legislative excess "can be preserved in practice no other way than through the medium of courts of justice; whose duty it must be to declare all acts contrary to the manifest tenor of the constitution void."

Go to article

Balancing The Federal Judiciary, Anne Bryant Jan 1992

Balancing The Federal Judiciary, Anne Bryant

University of Richmond Law Review

Since the American Association of University Women first published the associational brief "Balancing the Federal Judiciary" in 1988, two new Associate Justices (David Souter and Clarence Thomas) have joined the Supreme Court. The Court has continued to chip away at the rights of women and minorities, with damaging decisions in areas such as reproductive rights (e.g., Webster v. Reproductive Health Services) and employment discrimination(e.g., Wards Cove Packing Company v. Atonio). With a conservative majority in place on the Supreme Court until well into the next century and Reagan and Bush appointees comprising more than half of the nation's federal judges, …

Go to article

The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith Jan 1992

The Supreme Court: New Hope For The Restoration Of Federalism, Beverly Lahaye, Ellen O. Smith

University of Richmond Law Review

The recent philosdphical shift of the Supreme Court toward a more restrained or "conservative" approach to constitutional adjudication brings with it hope for the revitalization of federalism as a constitutional and political principle.

Go to article

The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown Jan 1992

The Juvenile Death Penalty In Washington: A State Constitutional Analysis, Bruce L. Brown

Seattle University Law Review

This Article first briefly examines the United States Supreme Court cases dealing with the juvenile death penalty. Second, the Article describes the history and structure of Washington's death penalty statute. Third, the Article analyzes whether the state constitution's ban on cruel punishment prohibits the imposition of the death penalty on juveniles.

Go to article

Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry Jan 1992

Sepa: A Proposed Standard For Judicial Review Of Agency Decisions Not To Require Preparation Of A Supplemental Environmental Impact Statement, Lori Ann Terry

Seattle University Law Review

To enable citizens opposing projects and proponents defending projects to predict more accurately the results of litigation and to discourage spurious litigation, a more definitive standard of judicial review is necessary. This Article proposes a standard of judicial review that encompasses components of both the adequacy and negative threshold standards of judicial review. The proposed standard of review discourages lawsuits that are brought merely for purposes of delay while ensuring that the agency acted reasonably in making its determination. Before this new standard can be considered, the context in which it will operate must be reviewed. Part II of this …

Go to article

Table Of Contents, Seattle University Law Review Jan 1992

Table Of Contents, Seattle University Law Review

Seattle University Law Review

No abstract provided.

Go to article

Ethereal Torts, Nancy Levit Jan 1992

Ethereal Torts, Nancy Levit

Faculty Works

Tort litigation has extended liability over time and space, through toxic tort cases as well as unknown and perhaps unknowable risks in products liability cases. Different types of mass tort litigation have spawned different permutations of claims and theories. The movement toward multiple causation and accountability encompasses complex notions of responsibility among multiple parties to an occurrence. Modern torts have particularized mental-state requirements, and there has been a refinement in the approach to mental state generally. Finally, the judiciary's development of common law liability has been accompanied by an upheaval in the theoretical bases for tort liability: commentators have explored …

Go to article

Table Of Contents-Issue 1, Mc Law Jan 1992

Table Of Contents-Issue 1, Mc Law

MC Law Review

Table of Contents - Issue 1

Go to article

The Accounting Profession In The Courts, Denzil Y. Causey, Sandra A. Causey Jan 1992

The Accounting Profession In The Courts, Denzil Y. Causey, Sandra A. Causey

MC Law Review

No abstract provided.

Go to article

Giving Advice: Aba Formal Advisory Opinion 90-358, Jack L. Sammons Jan 1992

Giving Advice: Aba Formal Advisory Opinion 90-358, Jack L. Sammons

MC Law Review

No abstract provided.

Go to article

Expert Witness Malpractice: A Solution To The Problem Of The Negligent Expert Witness, Carol Henderson Garcia Jan 1992

Expert Witness Malpractice: A Solution To The Problem Of The Negligent Expert Witness, Carol Henderson Garcia

MC Law Review

No abstract provided.

Go to article

Whose Corporation Is It, Anyway - Abolishing The Futility Exception In Derivative Litigation, Victor Arnell Dubose Jan 1992

Whose Corporation Is It, Anyway - Abolishing The Futility Exception In Derivative Litigation, Victor Arnell Dubose

MC Law Review

Comment

Go to article

Foreword, Henry A. Politz Jan 1992

Foreword, Henry A. Politz

MC Law Review

Foreword

Go to article

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr Jan 1992

Altruistic Communities And The Responsible Use Of Legal Power, John W. Ragsdale Jr

Faculty Works

When an animate, conscious body - individual, collective, economic or political - is imbued with a strong central vision or focus, the ongoing actions of the body automatically become coordinated and subordinated to the dictates of that core imagery. When the center is affirmative and qualitative, then the body has a distinct capacity for self-sufficiency, endurance, and equilibrium. If, however, the central focus is negative or linear, then the capacity for internal homeostasis is greatly lessened. A core of fear, anger, or endless material craving can prompt the exercises of power that herein will be called irresponsible. Such exercises of …

Go to article

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben Jan 1992

Restoring The Common In The Law: Proposal For The Elimination Of Rules Prohibiting The Citation Of Unpublished Decisions In Kansas And The Tenth Circuit, Mark D. Hinderks, Steve A. Leben

Faculty Works

No abstract provided.

Go to article

Law Schools Should Be About Justice Too, Henry Rose Jan 1992

Law Schools Should Be About Justice Too, Henry Rose

Cleveland State Law Review

Millions of low and middle-income Americans face legal problems every day. Most cannot afford an attorney. What is remarkable about these legal problems is that they are ignored by legal educators. American law schools, the training ground for our lawyers, do not focus on the civil legal problems of low and middle income persons. American law students are taught to focus on the legal problems of persons or entities able to pay for legal services. Not only are the common legal problems of Americans not studied in our law schools, the maldistribution of legal services in the society is barely …

Go to article

On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver Jan 1992

On Bringing The Justice Mission Conference Back Home, Marjorie A. Silver

Cleveland State Law Review

The Justice Mission Conference had a special resonance for me. The Conference was an affirmation of the values that have led me to Touro, as well as a springboard for changes in my own teaching. The Conference nurtured inclinations and aspirations to furthering social justice through our teaching, our scholarship, and the way we relate to our students, to each other and to the world at large. The papers in this symposium memorialize the Conference's richness of insight and experience. The purpose of this essay is to reflect on the immediate and potential ongoing impact the Conference had on me …

Go to article

First Prev Next Last