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Articles 61 - 72 of 72
Full-Text Articles in Civil Law
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
Non-Jury Trial Of Civil Litigation: Justifying A Complexity Exception To The Seventh Amendment, Barrett E. Pope
University of Richmond Law Review
The seventh amendment to the United States Constitution states that "[i]n Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."' When Congress enacted the Federal Rules of Civil Procedure, the right to jury trial at common law remained undisturbed.
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
Private Causes Of Action From Federal Statutes: A Strict Standard For Implication By Sole Reliance On Legislative Intent, William Francis Drewry Gallalee
University of Richmond Law Review
The implication doctrine allows a federal court to create a private cause of action from a federal statute that does not expressly provide for a private remedy. In Cort v. Ash, the Supreme Court articulated a four factor test to determine when this doctrine should be utilized. This comment will provide a brief history of the implication doctrine and of the major Supreme Court decisions that culminated in the Cort test. Relevant Supreme Court decisions after Cort,will then be examined to reveal a new, more restrictive approach to implication. Finally, reasons will be advanced that justify this stricter approach.
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
Children's Rights: A Movement In Search Of Meaning, Stephen W. Bricker
University of Richmond Law Review
The children's rights movement is a unique phenomenon among the various "rights" efforts today. Nonetheless, it shares some superficial similarities with the other antildiscrimination movements. Children's rights, like those of blacks and women, concern the role of an identifiable segment of our society which has traditionally been placed at a legal and social disadvantage. The children's rights movement also espouses the reallocation of legal power as a means to correct this perceived imbalance. Further, it grew out of the same social currents, first apparent in the 1950's and 1960's, which produced the kindred civil rights efforts.
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
Recovery For Wrongful Death In Virginia: The Effect Of "Dependency" And "Pecuniary Loss"
University of Richmond Law Review
In 1968, substantial changes occurred m the statute allowing recovery for wrongful death in Virginia. The General Assembly established "dependents" as a new class of persons, entitled to recover up to a maximum of $50,000 in proportion to their "pecuniary loss." The statute also designates a class of persons as beneficiaries and allows them to recover an additional $25,000 for solace. Thus, the total amount potentially available to persons who qualify as both a dependent and a statutory beneficiary is $75,000.
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
Imprisonment Of Indigent Defendants For Nonpayment Of Fines
University of Richmond Law Review
The use of fines as a criminal sanction has been a part of Anglo-American law for over six hundred years. From the inception of this penalty, however, law making bodies have had to deal with the convicted criminal who fails or refuses to pay the fine imposed upon him. The early non-paying offender faced being sold into slavery unless the necessary funds could be produced by family or friends. From such early remedies for default our present more civilized alternative of imprisonment arose.
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
Civil Rights- Arrest Record As Basis For Job Denial Held Discriminatory
University of Richmond Law Review
Title VII of the Civil Rights Act of 1964 provides that it is an unlawful employment practice to discriminate in hiring because of an individual's race, color, religion, sex or national origin. The purpose of this title is to eliminate discrimination in the labor market so as to afford persons with the ability to perform work and earn their livings the opportunity to do so without penalty because of one of these factors.
Books Received
University of Richmond Law Review
These are the books received by the Law School in 1970.
Recent Decisions
University of Richmond Law Review
This is a summary of the case law from 1969.
Lack Of Due Process In Virginia Contempt Proceeding For Failure To Comply With Order For Support And Alimony
University of Richmond Law Review
At common law a husband had a legal duty' to support his wife and children. Today in Virginia failure to support one's family is not simply a violation of a legal duty, it is a criminal act, carrying a penalty of up to twelve months at hard labor for the delinquent husband. The wife, however, without resorting to this criminal action, can effectuate the same result in a civil proceeding before a divorce court.
Recent Cases
University of Richmond Law Review
This is a summary of the case law from 1966.
Consent To A Search And Seizure By A Member Of The Suspect's Family: A Survey Of The Problems, William H. Ledbetter Jr.
Consent To A Search And Seizure By A Member Of The Suspect's Family: A Survey Of The Problems, William H. Ledbetter Jr.
University of Richmond Law Review
Constitutional provisions, statutes and common law rules of criminal procedure, desigmed to protect an individual's privacy and security, require that most searches and seizures in the Anglo-American system of jurisprudence be conducted pursuant to a warrant. The Fourth Amendment of the Constitution of the United States, now applicable to the states, Mapp v. Ohio, ex- plicitly limits searches and seizures and outlaws the broad, general warrants and writs of assistance of the eighteenth century.
Personal Injury Damage Arguments, James W. Payne Jr.
Personal Injury Damage Arguments, James W. Payne Jr.
University of Richmond Law Review
This brief comment deals only with one facet of Certified T. V. & Appliance Co., Inc. v. Harrington. The plaintiff brought an action for personal injuries.