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Acknowledgments, R. Kennon Poteat Nov 2005

Acknowledgments, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii Nov 2005

In Memoriam: Judge Robert R. Merhige, Jr., J. Harvie Wilkinson Iii

University of Richmond Law Review

No abstract provided.


Bankruptcy Law, Richard C. Maxwell, B. Webb King Nov 2005

Bankruptcy Law, Richard C. Maxwell, B. Webb King

University of Richmond Law Review

No abstract provided.


Wills, Trusts, And Estates, J. Rodney Johnson Nov 2005

Wills, Trusts, And Estates, J. Rodney Johnson

University of Richmond Law Review

The General Assembly enacted legislation dealing with wills, trusts, and estates that added or amended a number of sections of the Virginia Code in its 2005 Session. In addition, there were two opinions from the Supreme Court of Virginia that presented issues of interest to the general practitioner as well as to the specialist in wills, trusts, and estates during the period covered by this review. This article reports on all of these legislative and judicial developments.


Remembering Judge Merhige, Michael W. Smith Nov 2005

Remembering Judge Merhige, Michael W. Smith

University of Richmond Law Review

No abstract provided.


The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne Nov 2005

The Honorable Robert R. Merhige, Jr.: A Colleague Remembered, Robert E. Payne

University of Richmond Law Review

No abstract provided.


Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen Nov 2005

Corporate And Business Law, Allen C. Goolsby, Louanna O. Heuhsen

University of Richmond Law Review

No abstract provided.


Product Liability Law, Gary J. Spahn, Brent M. Timberlake Nov 2005

Product Liability Law, Gary J. Spahn, Brent M. Timberlake

University of Richmond Law Review

While Virginia is not typically seen as "progressive" in the field of product liability law, the Commonwealth is nonetheless a forum in which these product liability battles take place. This article summarizes selected decisions of the United States Court of Appeals for the Fourth Circuit, federal district courts in Virginia, and courts of the Commonwealth issued between July 1, 2004 and May 15, 2005. This article also includes a discussion of the most relevant legislative changes made by the Virginia General Assembly over the same time period. While a complete analysis of every decision and statute affecting product liability is …


Preface, R. Kennon Poteat Nov 2005

Preface, R. Kennon Poteat

University of Richmond Law Review

No abstract provided.


Annual Survey 2005: Contents Nov 2005

Annual Survey 2005: Contents

University of Richmond Law Review

No abstract provided.


To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal Nov 2005

To Preserve, Protect, And Defend The Constitution Of The United States, Ronald J. Bacigal

University of Richmond Law Review

No abstract provided.


Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles Nov 2005

Reflections: The Honorable Robert R. Merhige, Jr., Gerald L. Baliles

University of Richmond Law Review

No abstract provided.


Tribute To Judge Merhige, Orran L. Brown Nov 2005

Tribute To Judge Merhige, Orran L. Brown

University of Richmond Law Review

No abstract provided.


Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla Nov 2005

Let Us Now Praise Famous Judges: Exploring The Roles Of Judicial "Intuition" And "Activism" In American Law, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.


Health Courts: Panacea Or Palliative?, Carl W. Tobias Nov 2005

Health Courts: Panacea Or Palliative?, Carl W. Tobias

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii Nov 2005

Civil Practice And Procedure, John R. Walk, Michael R. Spitzer Ii

University of Richmond Law Review

This article will summarize recent developments of interest to practitioners handling civil cases in the courts of the Commonwealth of Virginia. Specifically included are relevant decisions of the Supreme Court of Virginia dating from opinions announced on June 10, 2004 to those announced on April 22, 2005; changes to the Rules of the Supreme Court of Virginia announced during the same time period; and legislation enacted by the Virginia General Assembly at its 2005 Session, effective July 1, 2005.


Construction Law, K. Brett Marston, J. Barrett Lucy Nov 2005

Construction Law, K. Brett Marston, J. Barrett Lucy

University of Richmond Law Review

Since the last survey of this topic published in the fall of 2000, construction law in Virginia has continued to evolve in an array of areas involving issues such as claims on surety bonds, claims against public entities, construction-related products like Exterior Insulation Finishing Systems ("EIFS"), and mechanic's liens. These changes have implicated and better defined legal principles including the "no damage for delay" clause on public contracts, requirements for privity in breach of warranty claims, and implied indemnification. The significant issues in construction law have arisen both in a number of significant judicial decisions, mostly from the Supreme Court …


Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough Nov 2005

Criminal Law And Procedure, Marla G. Decker, Stephen R. Mccullough

University of Richmond Law Review

This article examines the most significant cases from the Supreme Court of Virginia and the Court of Appeals of Virginia over the past year. The article also outlines some of the most consequential changes to the law enacted by the Virginia General Assembly during the 2005 Session in the field of criminal law and procedure.


Labor And Employment Law, W. David Paxton, Gregory R. Hunt Nov 2005

Labor And Employment Law, W. David Paxton, Gregory R. Hunt

University of Richmond Law Review

It was a relatively quiet year in the Virginia labor and employment law arena, with no real groundbreaking cases or legislative enactments. There were developments in case law and legislative changes, but these were more subtle this year than in years past, and for the most part, the courts confirmed, affirmed, or clarified the existing state of the law. This article discusses cases and legislative activity of note in the Virginia labor and employment law arena during the past year. Part II addresses recent cases considering employment agreements under Virginia law. Part III considers cases in the continually evolving area …


Taxation, Craig D. Bell Nov 2005

Taxation, Craig D. Bell

University of Richmond Law Review

This article reviews significant developments in the law affecting Virginia taxation. Each section covers recent legislative changes, judicial decisions, and selected opinions or pronouncements from the Virginia Department of Taxation and the Virginia Attorney General over the past year. The overall purpose of this article is to provide Virginia tax and general practitioners with a concise overview of the recent developments in Virginia taxation most likely to have an impact on their practices. This article will not, however, discuss many of the numerous technical legislative changes to the State Taxation Code of Title 58.1.


The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth Nov 2005

The Virginia Uniform Trust Code, John E. Donaldson, Robert T. Danforth

University of Richmond Law Review

In its 2005 Session, the Virginia General Assembly enacted Senate Bill 891,1 thus adopting the Uniform Trust Code ("UTC"), with modifications considered appropriate to this state's institutions, traditions, and jurisprudence. The Virginia Uniform Trust Code ("Virginia UTC"), set forth in new Chapter 31 of Title 55 of the Virginia Code, has an effective date of July 1, 2006, but, once in effect, it will be applicable (with some exceptions) to trusts created before, on, or after that date. The new Virginia UTC, which encompasses the great bulk of the principles and rules that comprise the law of trusts in Virginia, …


Apprendi's Limits, R. Craig Green May 2005

Apprendi's Limits, R. Craig Green

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Index Volume Xxxix 2004-2005 May 2005

University Of Richmond Law Review Index Volume Xxxix 2004-2005

University of Richmond Law Review

No abstract provided.


Contents May 2005

Contents

University of Richmond Law Review

No abstract provided.


Demythologizing The Stock Exchange: Reconciling Self-Regulation And The National Market System, Onnig H. Dombalagian May 2005

Demythologizing The Stock Exchange: Reconciling Self-Regulation And The National Market System, Onnig H. Dombalagian

University of Richmond Law Review

No abstract provided.


How Panels Affect Judges: Evidence From United States District Courts, Ahmed E. Taha May 2005

How Panels Affect Judges: Evidence From United States District Courts, Ahmed E. Taha

University of Richmond Law Review

Recent research has shown that judges on panels decide cases differently than they do individually. Understanding these panel effects is essential to understanding and predicting judicial behavior. This Article uses a unique naturalexperiment, and interviewsof United States district court judges who participatedin this ex-periment, to empirically investigate panel effects. Specifically, in fourteen district courts the judges chose to sit in an en banc panelto decide the constitutionalityof the FederalSentencing Guide- lines; in fifty-three other districts, the judges decided the issue in- dividually instead. This Article compares the decisions and the characteristicsof these districts to study how panels affect judicialdecision making …


The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham May 2005

The Kelo Threshold: Private Property And Public Use Reconsidered, Steven E. Buckingham

University of Richmond Law Review

No abstract provided.


United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu May 2005

United States V. Booker: The Demise Of Mandatory Federal Sentencing Guidelines And The Return Of Indeterminate Sentencing, Jonathan Chiu

University of Richmond Law Review

No abstract provided.


Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei May 2005

Reforming U.S. Immigration Policy In An Era Of Latin American Immigration: The Logic Inherent In Accommodating The Inevitable, Ryan D. Frei

University of Richmond Law Review

No abstract provided.


Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla Mar 2005

Restoring Reason And Civility To The Judicial Selection Process, Rodney A. Smolla

University of Richmond Law Review

No abstract provided.