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Articles 1 - 4 of 4

Full-Text Articles in Law

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.


Statutes Of Limitations And Notices Of Default: Ung V Koehler, 2005, Roger Bernhardt Jan 2005

Statutes Of Limitations And Notices Of Default: Ung V Koehler, 2005, Roger Bernhardt

Publications

This article discusses a California case which held 1) the time within which to exercise power of sale is governed by 10-year and 60-year limits of CC §882.020, and 2) the filing of a notice of default stating the note’s final maturity date does not entitle a beneficiary to a longer time limit.


Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux Jan 2005

Statutes Of Limitations: A Policy Analysis In The Context Of Reparations Litigation, Suzette M. Malveaux

Publications

This article discusses the underlying policy rationales for statutes of limitations and their exceptions, as demonstrated by Supreme Court precedents. This article explores limitations law in the context of a case brought by African-American survivors of the Tulsa Race Riot of 1921 who sought restitution from the local government for its participation in one of the worst race riots in American history, in violation of their constitutional and federal civil rights. Using the Tulsa case as an exemplar, this article analyzes the propriety of the case’s dismissal as time-barred, and contends that this outcome was unwarranted under precedents and failed …