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Full-Text Articles in Law

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson Jan 2006

The Merger Of Common-Law And Equity Pleading In Virginia, William Hamilton Bryson

Law Faculty Publications

This article describes the separation of common law and equity in Virginia leading up to the 2006 merger of common law and equity pleading and the problems that remain to be solved by the courts.


Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg Jan 2006

Just Say 'No Fishing': The Lure Of Metaphor, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

The phrase "fishing expedition" is widely used in popular culture and in the law. In the case of metaphorical "fishing" in the law, reliance on the metaphor can act as a substitute for rigorous analysis, disguising the factors that influence a result. When used by the court, it is uninformative. Worse, the fishing metaphor may itself shape the way the court thinks about the kind of issue or claim involved. Accusations of "fishing" also affect the language and position of the litigants. Parties arguing against pleadings or discovery use the metaphor as a rhetorical weapon, stigmatizing their opponents, instead of …


Ancient Law And Modern Eyes, David Snyder Jan 1994

Ancient Law And Modern Eyes, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder Jan 1991

Possession: A Brief For Louisiana's Rights Of Succession To The Legacy Of Roman Law, David Snyder

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Discovery Of Penalites, William Hamilton Bryson Jan 1981

Discovery Of Penalites, William Hamilton Bryson

Law Faculty Publications

The purpose of this essay is to discuss some aspects of the scope of the privilege against self-incrimination. It will consider first what can not be and then what can be discovered by the common law of England before 1776, when the first republican constitution of Virginia was promulgated. Finally, the developments in Virginia and federal practice will be dealt with.