Law Commons^™

Annual Survey Of Virginia Law: Construction Law, D. Stan Barnhill, Matthew P. Pritts

University of Richmond Law Review

This article reviews recent legislation and judicial decisions in Virginia affecting owners, contractors, and design professionals in the construction context. The discussion includes amendments to the Code of Virginia promulgated by the General Assembly in the 1992 and 1993 legislative sessions, as well as important cases dealing with construction law issues decided by Virginia's state and federal courts in 1992 and the first half of 1993.

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

University of Richmond Law Review

During the past year, the Court of Appeals of Virginia continued to be the major contributor to the development of substantive and procedural criminal law in the Commonwealth. Many of the court's decisions concerned the characterization of. police-citizen encounters in the context of both Fourth Amendment law and the rights of an accused under Miranda v. Arizona. A number of cases concerned the admissibility of uncharged misconduct, and the numerous double jeopardy opinions involved case-by-case application of Grady v. Corbin, Blockburger v. United States, and related statutes. A growing body of procedural law concerned the propriety of impanelling jurors of …

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

University of Richmond Law Review

In the past year, several significant developments affecting children and the legal system have occurred: first, the General Assembly's enactment of Family Court legislation introduced under the auspices of the Supreme Court of Virginia and the Judicial Council; second, the reaffirmation of the Comprehensive Services Act, a state-wide, community-based, inter-agency system of delivering services to children, youth and their families; third, the adoption of a number of bills which address the growing problem of violence by juveniles; and fourth, an increasing number of decisions concerning transfer of juveniles to the circuit courts to be tried as adults, which also reflects …

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

University of Richmond Law Review

The 1993 session of the General Assembly enacted legislation dealing with wills, trusts, and estates that added, amended, or repealed a number of sections of the Code of Virginia (the code).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 five cases from the Supreme Court of Virginia in the year ending June 1, 1993 which involve issues of interest to both the general practitioner and the specialist in wills, trusts, and estates. This article analyzes each of these leg- islative and judicial developments.

Products Liability Tort Reform: Why Virginia Should Adopt The Henderson-Twerski Proposed Revision Of Section 402a Restatement (Second) Of Torts, Peter Nash Swisher

University of Richmond Law Review

Over the past three decades, literally thousands of American products liability judicial opinions have explicitly referred to, and analyzed, section 402A of the Second Restatement of Torts. At least thirty-four states have judicially adopted section 402A, and

five other states have passed specific statutes adopting the section.3 Since the landmark products liability case of Greenman v. Yuba Power Products,Inc.4 in 1963, at least forty-five states have now adopted some form of strict liability in tort remedy in American products liability actions.5 Only Virginia and four other states do

not recognize a strict liability in tort remedy applied to state prod- …

The Credibility Distinction In Kroger Co. V. Morris, Nicole Rovner Beyer

University of Richmond Law Review

The opinion issued by the court of appeals in Kroger Co. v. Morris was both short and, in light of precedent, predictable. The practical consequences of the reasoning used by the court in this and similar cases, however, may be much less predictable than is desirable. The case concerned a Virginia Worker's Compensation Commission decision that contained a finding regarding the credibility of a witness which contradicted the finding of the deputy commissioner who presided at the hearing. The court of appeals held that it is permissible for the worker's Compensation Commission to make a credibility finding which differs from …

Kroger Co. V. Morris: The Diminution Of Hearing Officers, Cullen D. Seltzer

University of Richmond Law Review

In Kroger Co. v. Morris the Court of Appeals of Virginia reached two contradictory conclusions. On one hand the court held that the Virginia Workers' Compensation Commission could overrule a deputy commissioner's fact findings based solely on evidence contained in the record below. On the other hand, the court concluded that it was itself unable to make such fact findings based solely on the record.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

Abraham, Isaac, And The State: Faith-Healing And Legal Intervention, Henry J. Abraham

University of Richmond Law Review

As a Cambridge magistrate in the England of 1960, Lady Rothschild doubtless considered herself an unlikely candidate for participation in a biblical drama reenactment. Nonetheless, on October 21, 1960, she willingly played the role of the last- minute angel of mercy in a virtual reenactment of the story of Abraham and Isaac -a story which, with unfortunate variations in the outcome for the child, seems destined to be repeated frequently in the future.

Some Reflections On Multiculturalism, "Equal Concern And Respect," And The Establishment Clause Of The First Amendment, Sanford Levinson

University of Richmond Law Review

I was born and grew up in Hendersonville, North Carolina, a small town of about 6000 people in the western part of the state. There were about 30 Jewish families in Hendersonville, and I knew from a very early age that I was Jewish and, consequently, that I was different in an important way from almost all of my neighbors and classmates. The most evident way, especially to a child, involved dietary prohibitions against eating pork. I also knew that I was allowed absences from school (Rosh Hashanah and Yom Kippur) while other children were not. Inevitably, my Jewishness accounts …

Is The Idea Of Human Rights Ineliminably Religious?, Michael J. Perry

University of Richmond Law Review

The name of the state where I was born and raised-Kentucky-derives from a Native American word meaning "the dark and bloody ground." Were there an Indian word for "the dark and bloody time," it would aptly name this century, a century as unrelentingly dark and bloody as any in human history. In the midst of all the terrible inhumanity of the twentieth century, however, there is a hopeful story: the emergence in international law of the idea of human rights.

Retracing First Amendment Jurisprudence Under The Free Exercise Clause: Culmination In Church Of The Lukumi Babalu Aye, Inc. V. City Of Hialeah And Resolution In The Religious Freedom Restoration Act, Laura A. Colombell

University of Richmond Law Review

The above comments of Justice Stewart recognize the myriad of religious beliefs and practices which exist in our nation of diverse people. Protecting them all from government infringement has become an increasingly lofty aim as the number and nature of religions in the United States continue to grow.

The Lemon Test Rears Its Ugly Head Again: Lamb's Chapel V. Center Moriches Union Free School District, Wirt P. Marks Iv

University of Richmond Law Review

Since 1971, Establishment Clause cases have been analyzed under the three-prong test articulated by the Supreme Court in Lemon v. Kurtzman. However, this test has often been criticized for producing inconsistent results. In addition, inconsistent application of the test by the Court, and conflicting philosophies among judges and scholars regarding the separation of church and state, have resulted in considerable objection to the Lemon test. In fact, at least five of the current Supreme Court Justices have expressed their dissatisfaction with the Lemon test as a workable framework for Establishment Clause analysis.

University Of Richmond Law Review Index

University of Richmond Law Review

No abstract provided.