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Civil Law Commons

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University of Richmond

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Articles 31 - 60 of 89

Full-Text Articles in Civil Law

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver Nov 2013

Civil Practice And Procedure, Andrew P. Sherrod, Jaime B. Wisegarver

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. The article discusses opinions of theSupreme Court of Virginia from June 2012 through June 2013 addressing civil procedure topics, significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period, and legislation enacted by the Virginia General Assembly during its 2013 session that relates to civil practice.


Civil Practice And Procedure, Andrew P. Sherrod Nov 2012

Civil Practice And Procedure, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent and significant developments in Virginia civil practice and procedure. Specifically, the article discusses selected opinions of the Supreme Court of Virginia from September 2011 through June 2012, addressing new or meaningful civil procedure topics; significant amendments to the Rules of the Supreme Court ofVirginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during the 2012 session that relates to civil practice.


Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod Nov 2011

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2010through June 2011 addressing civil procedure topics; significant amendments to the Rules of the Supreme Court of Virginia concerning procedural issues during the same period; and legislation enacted by the Virginia General Assembly during its 2011 session that relates to civil practice.


Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler Jan 2011

Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler

Richmond Journal of Law and the Public Interest

This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …


Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler Jan 2011

Judicial Gatekeeping And The Seventh Amendment: How Daubert Infringes On The Constitutional Right To A Civil Jury Trial, Brandon L. Boxler

Richmond Public Interest Law Review

This Article begins by reviewing the history, purpose, and function of the Seventh Amendment within the American constitutional system. It then discusses the Supreme Court's analytical framework for preserving the fundamental features of the right to a civil jury trial while simultaneously permitting rational legal development of the jury system. Next, the Article provides a brief overview of the Court's Daubert jurisprudence, and argues that the creation of judicial gatekeeping has caused an institutional shift of adjudicatory authority away from juries and into the hands of judges in violation of the Seventh Amendment. The Article concludes by suggesting three legal …


Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore Nov 2010

Bifurcation Of Civil Trials, John P. Rowley Iii, Richard G. Moore

University of Richmond Law Review

Despite its widespread and long-standing recognition as a valuable docket-control device, the bifurcation of issues in civil trials has generated considerable debate among legal scholars and judges. The state and federal courts both utilize bifurcation, andthe Supreme Court of Appeals in Virginia recognized the advantages of the procedural device as early as 1915. Nonetheless, authority for the bifurcation of issues in civil trials in Virginia has remained clouded. The Supreme Court of Virginia lifted at least some of the clouds when it decided Allstate Insurance Co. v. Wade, thereby rejecting the position taken in an amicus curiae brief filed …


Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod Nov 2010

Civil Practice And Procedure, John R. Walk, Andrew P. Sherrod

University of Richmond Law Review

This article surveys recent significant developments in Virginia civil practice and procedure. Specifically, the article discusses opinions of the Supreme Court of Virginia from June 2009 through April 2010 addressing civil procedure; significant amendments to the Rules of the Supreme Court of Virginia made during the same period; and legislation enacted by the Virginia GeneralAssembly during its 2010 session relating to civil practice.


It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don Peters Jan 2010

It Takes Two To Tango, And To Mediate: Legal Cultural And Other Factors Influencing United States And Latin American Lawyers’ Resistance To Mediating Commercial Disputes, Don Peters

Richmond Journal of Global Law & Business

This article examines legal cultural and other factors influencing the resistance to mediating commercial disputes displayed by U.S. and Latin American lawyers. After surveying current contexts in which commercial mediation occurs in the United States and in Latin American countries and summarizing data regarding commercial ac- tors’ knowledge of the benefits of mediating, it analyzes the relatively infrequent use of mediation despite its potential advantages over adju- dicating. Focusing on lawyers, the article next explores factors that influence U.S. and Latin American lawyers when they converse with commercial clients about selecting dispute resolution methods. Analyzing similarities arising from universal decision-making …


Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert Nov 2009

Election Of Remedies In The Twenty-First Century: Centra Health, Inc. V. Mullins, L. Steven Emmert

University of Richmond Law Review

No abstract provided.


Animal Law, K. Michelle Welch Nov 2009

Animal Law, K. Michelle Welch

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, Hon. Jane Marum Roush Nov 2009

Civil Practice And Procedure, Hon. Jane Marum Roush

University of Richmond Law Review

No abstract provided.


Ending Jim Crow Life Insurance Rates, Mary L. Heen Jan 2009

Ending Jim Crow Life Insurance Rates, Mary L. Heen

Law Faculty Publications

This Article tells the story of the rise and fall of explicit race-based pricing practices as American life insurance companies responded to changes in the social, economic, and legal status of former slaves. The role of law in that story, from the Civil War to the beginning of this century, illustrates the complex interaction between civil rights reform and private commercial markets. Despite early laws prohibiting race-based life insurance rates, racial discrimination persisted in various forms for over a century due to the strength of the underlying racial ideologies, the rhetorical power of actuarial language, and the structure and regulation …


Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne Nov 2007

Electronic Data: A Commentary On The Law In Virginia In 2007, Hon. Thomas D. Horne

University of Richmond Law Review

No abstract provided.


The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land Nov 2007

The History And Scope Of The Virginia Declaratory Judgments Act, Seth M. Land

University of Richmond Law Review

No abstract provided.


Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr. Nov 2007

Pro Se Litigation: Best Practices From A Judge's Perspective, Hon. Beverly W. Snukals, Glen H. Sturtevant Jr.

University of Richmond Law Review

No abstract provided.


Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard Nov 2007

Civil Practice And Procedure, John C. Lynch, Jon S. Hubbard, M. Elizabeth Woodard

University of Richmond Law Review

This article summarizes the major developments in Virginia civil practice and procedure over the past two years, specifically covering significant decisions by the Supreme Court of Virginiaand changes to the Rules of the Supreme Court of Virginia dating from April 22, 2005, to April 20, 2007. The article also addresses legislative enactments by the General Assembly in its 2005 and 2006 sessions.


Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews Nov 2006

Medical Malpractice Law, Kathleen M. Mccauley, Dana A. Dews

University of Richmond Law Review

With President George W. Bush's promise to continue working toward tort reform, medical malpractice issues are once again garnering media and voter attention. This article examines recent judicial decisions and statutory amendments affecting patients and health care providers in the commonwealth in the context of medical malpractice law.


Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom Jan 2006

Freedom Of Information Laws In The Digital Age: The Death Knell Of Information Privacy, Ira Bloom

Richmond Journal of Law & Technology

With technology, everything just comes faster, smarter, and meaner. But the basics remain the same.


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.


Civil Practice And Procedure, John R. Walk Nov 2004

Civil Practice And Procedure, John R. Walk

University of Richmond Law Review

No abstract provided.


The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan Jan 2000

The Y2k Problem: Proposed Statute To Guide Triers Of Fact In Determinations Of Negligence, William D. Horgan

Richmond Journal of Law & Technology

Following the coming new year, the Y2K Problem will create problems worldwide. While the exact extent of its harm is open to debate, there is no disagreement over its inevitability. In fact, some computer-related companies (including the makers of Norton Anti-Virus and Quicken for Windows have already been sued for damages arising from allegedly non-Y2K-compliant products. While various actors at all levels of business and government will be subject to legal liability for such malfunctions, this article will examine the legal liability of software producers and engineers under current remedial theories. Software manufacturers are a logical choice for this examination …


Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr. Jan 1999

Annual Survey Of Virginia Law: Civil Practice And Procedure, John L. Marshall Jr.

University of Richmond Law Review

This article focuses on some of the recent developments in civil litigation from June 1, 1998 to May 30, 1999, that have been effected by the Virginia General Assembly and the Supreme Court of Virginia. Each numbered discussion section is organized by topic in alphabetical order. This article highlights legislation of general interest to civil practitioners and does not purport to be all inclusive. This article does not address criminal procedure.


University Of Richmond Law Review Jan 1999

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Review Jan 1998

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette Jan 1998

Annual Survey Of Virginia Law: Civil Practice And Procedure, George J. Dancigers, Patrick M. Mayette

University of Richmond Law Review

This article reviews some of the recent developments and changes effected by the Supreme Court of Virginia and the Virginia General Assembly which affect and involve civil litigation. The scope of this paper does not extend to criminal procedure. This paper is not intended to be an all inclusive compilation, but rather a sampling of case law and legislative enactments of interest to the civil litigation attorney.


The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz Jan 1997

The Innocent Owner Defense To Civil Forfeiture Proceedings, Peter David Houtz

University of Richmond Law Review

The Constitution of the United States prohibits the deprivation of "life, liberty, or property, without due process of law." The Constitution also expressly states that private property may not be "taken" by the government without "just compensation." Seizures and forfeitures of personal and real property without notification or hearing and without compensation have, however, become a powerful tool used by the government to deter crime.


University Of Richmond Law Review Jan 1997

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.


Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper Jan 1997

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected several changes in civil practice and procedure during the past year. This article focuses on some significant developments and interests to the general litigation attorney.


Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper Jan 1996

Annual Survey Of Virginia Law: Civil Practice And Procedure, David D. Hopper

University of Richmond Law Review

Virginia courts and the General Assembly have effected a number of changes in civil practice and procedure during the past year. This article focuses on some significant developments of interest to the general litigation attorney. Matters affecting real property and juvenile and domestic relations are treated elsewhere in this volume.


University Of Richmond Law Review Jan 1996

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.