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Articles 661 - 688 of 688

Full-Text Articles in Courts

The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs Jan 1982

The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs

University of Richmond Law Review

The Virginia Freedom of Information Act ("the Act" or "the Virginia Act") requires that all meetings of public bodies be open to the public. One of the purposes of the Act is "to ensure to the people ... free entry to meetings of public bodies wherein the business of the people is beifig conducted." In three cases decided March 12, 1982, the Virginia Supreme Court examined some of the exceptions to this general requirement provided by the Act in section 2.1-344 of the Virginia Code. This section provides the specific purposes for which "executive or closed meetings" may be held …


Overview Of Virginia Supreme Court Cases On Domestic Relations: 1970-1980, Peter N. Pross Jan 1981

Overview Of Virginia Supreme Court Cases On Domestic Relations: 1970-1980, Peter N. Pross

University of Richmond Law Review

The Supreme Court of Virginia examined a variety of domestic relations problems and issues during the last decade. Most of the court's decisions involved divorce issues such as jurisdiction, alimony or support and maintenance, and child custody or support orders. However, the court also decided cases on annulment, the enforcement of support and maintenance decrees, legitimacy and paternity, adoption, name changes and intrafamily tort immunity.


The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette Jan 1981

The Virginia Judicial Council's Intermediate Appellate Court Proposal, Martha B. Brissette

University of Richmond Law Review

The ever-expanding volume of appellate litigation in Virginia has engendered a crisis in appellate justice in this state which can be adequately addressed only by the creation of an intermediate appellate court. Not only is Virginia the most populous state without such an intermediate court, its highest court also has the largest caseload of any single state appellate court.


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.


The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton Jan 1979

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …


The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger Jan 1979

The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger

University of Richmond Law Review

A number of recent decisions by the United States Court of Appeals for the District of Columbia, its counterpart for the Eighth Circuit, and the United States Supreme Court, have substantially curtailed the power of the FCC to regulate the growth of cable television. Such regulation has proved to be a very complicated and extended saga of FCC activity, one measure of which was the extraordinary justification for publishing a per curiam opinion in Home Box Office, Inc. v. FCC: "not because it has received less than full consideration by the court, but because the complexity of the issues raised …


A Family Court For Virginia, Frederick P. Aucamp Jan 1979

A Family Court For Virginia, Frederick P. Aucamp

University of Richmond Law Review

The 1976 and 1977 sessions of the General Assembly of Virginia established a legislative study commission to consider the establishment of a family court system in Virginia. The study was conducted by the Family Court Subcommittee of the Virginia Advisory Legislative Council Committee to Study Services to Youthful Offenders, and its report was submitted to the Governor and to the General Assembly on January 6, 1978.


Service Of Process In Virginia, William Hamilton Bryson Jan 1979

Service Of Process In Virginia, William Hamilton Bryson

Law Faculty Publications

Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.


Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst Jan 1977

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …


Juvenile Court And Arrest Records, Adrienne Volenik Jan 1975

Juvenile Court And Arrest Records, Adrienne Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.


Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch Jan 1974

Workmen's Compensation Benefits Recoverable On The Existence Of A Quasi Contract, David Frisch

Law Faculty Publications

An analysis on a worker's compensation case decided by the Supreme Court of Florida.


The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law Jan 1974

The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law

University of Richmond Law Review

The question of whether a state supreme court has the authority to abolish or modify a common law rule which is incorporated into the law of that state has been a frequent issue in courts throughout the United States. Every state, except Louisiana, has adopted the common law by statute or constitutional provision. Virginia has employed both methods.


The Burger Court: Discord In Search And Seizure, Robert S. Irons Jan 1974

The Burger Court: Discord In Search And Seizure, Robert S. Irons

University of Richmond Law Review

The accession of Mr. Chief Justice Burger to the Supreme Court of the United States was expected to signal the limitation of constitutional doctrines by which the Court had enhanced the rights of the criminal defendant. The fulfillment of this expectation has been generally marked by decisions which have been readily and quickly comprehensible. For example, the prosecution was prohibited by the Warren Court from employing any products of the defendant's custodial interrogation in the absence of a warning of his right to counsel and his right to remain silent; the statement so procured is still barred in the case …


Jim Payne - The Man, Julian E. Savage Jan 1973

Jim Payne - The Man, Julian E. Savage

University of Richmond Law Review

Others will remember him as a teacher; as a colleague; as a scholar. I remember the man-a very human man-an exceptionally sensitive man. Some, who had contact with him only during the last year or two of his life, should know that illness and fatigue were then his' daily companions, forcing concessions of his time and brilliance, and making it impossible for him to give as fully of himself to his students as he had done for so many years past.


Recent Legislation, J. Rodney Johnson Jan 1972

Recent Legislation, J. Rodney Johnson

University of Richmond Law Review

The 1972 session of the General Assembly was especially active in the areas of wills, trusts, and estates. Much of this legislation deals with fine points not affecting the average lawyer in his practice. However, the following items of legislation should be of general interest to the attorney whose practice involves probate work or estate planning, even though he does not hold himself out as a specialist in these areas.


The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson Jan 1972

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records, William Hamilton Bryson

Law Faculty Publications

The equity side of the court of exchequer "is by far the most obscure of all the English jurisdiction," declared Plucknett. The purpose of this essay is to shed some light upon this court and to explore its jurisdiction, to introduce its staff, to discover its procedures, to explain its equity records, and perhaps to render Plucknett's statement obsolete.


Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende Jan 1972

Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende

University of Richmond Law Review

The past few decades have seen the development of a trend in the field of products liability that has increased the protection of the ultimate consumer by expanding the duties and liabilities of the manufacturer and seller. This inclination has recently been extended by requiring manufacturers and sellers to warrant the safety of their products, and by abrogating the necessity of privity in most warranty actions. The result has increased the consumer's chance of recovery for personal injury caused by a defective product on the basis of negligence or breach of warranty. However, should the consumer die from the injury, …


The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records Vol. 2 Appendices, William Hamilton Bryson Jan 1972

The Equity Side Of The Exchequer: Its Jurisdiction, Administration, Procedures, And Records Vol. 2 Appendices, William Hamilton Bryson

Law Faculty Publications

The principles of transcribing which have been followed in these appendices and in the extracts throughout the text are basically those of the "Report on Editing Historical Documents".


University Of Richmond Law Review Table Of Contents Jan 1971

University Of Richmond Law Review Table Of Contents

University of Richmond Law Review

No abstract provided.


Toward Judicial Reform, Edward J. Gurney Jan 1971

Toward Judicial Reform, Edward J. Gurney

University of Richmond Law Review

President Nixon has several times in the recent past publicly recognized a growing national attitude-the American people, as a class, are losing confidence in the ability of their governments to govern. And this unfortunate lack, or at least diminution of confidence, is nowhere more evident than in the way the average citizen views the courts of this country.


Recent Decisions Jan 1970

Recent Decisions

University of Richmond Law Review

This is a summary of the case law that was decided in 1970.


Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers Jan 1961

Depositions For Discovery: The New Virginia Rule, J. Westwood Smithers

University of Richmond Law Review

Important amendments to its Rules, effective April 1, 1961, were recently adopted by the Supreme Court of Appeals of Virginia. Perhaps the change of most interest to trial lawyers was the revision of Rule 3:23 relating to D'epositions and Discovery in Actions at Law.


University Of Richmond Law Notes, J. Westwood Smithers Jan 1960

University Of Richmond Law Notes, J. Westwood Smithers

University of Richmond Law Review

No abstract provided.


University Of Richmond Law Notes Table Of Contents Jan 1959

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.


Foreward, William T. Muse Jan 1959

Foreward, William T. Muse

University of Richmond Law Review

The reception accorded the first number of the University of Richmond Law Notes, published last spring, has been most gratifying. It has encouraged the Faculty to prepare this second number, which also is being distributed to all alumni of the Law School through the courtesy of the University of Richmond Law School Association. There has been a modest volume of requests for copies of the first issue from non-alumni members of the bar and from many law libraries.


Virginia's New Last Clear Chance Doctrine, William T. Muse Jan 1959

Virginia's New Last Clear Chance Doctrine, William T. Muse

University of Richmond Law Review

Rule # 1. Where the injured person has negligently placed himself in a situation of peril from which he is physically unable to remove himself, the defendant is liable if he saw, or should have seen, him [and realized, or ought to have realized, his peril] in time to avert the accident by using reasonable care. 'Rule # 2. Where the plainfiff has negligently placed himself in a situation of peril from which he is physically able to remove himself, but is unconscious of his peril, the defendant is liable only if he saw the plaintiff and realized, or ought …


University Of Richmond Law Notes Table Of Contents Jan 1958

University Of Richmond Law Notes Table Of Contents

University of Richmond Law Review

No abstract provided.


Foreward, William T. Muse Jan 1958

Foreward, William T. Muse

University of Richmond Law Review

This first issue of the University of Richmond Law Notes inaugurates a service by the Faculty of the Law School which we hope will be of some value to the lawyers of Virginia. If the bar thinks the undertaking worth- while it will become a permanent publication,-perhaps enlarged in scope and volume.