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Articles 421 - 445 of 445
Full-Text Articles in Courts
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
The Federal Court Across The Street: Constitutional Limits On Federal Court Assertions Of Personal Jurisdiction, Pamela J. Stephens
University of Richmond Law Review
Twenty years ago, in a clear break with accepted theory, it was suggested that there were certain constitutional limitations on a federal court's authority to exercise personal jurisdiction. Such a departure from the traditional view might be expected to prompt an extensive examination of that issue by commentators. However, while assertions of personal jurisdiction by state courts have been the subject of intense scrutiny and ongoing constitutional refinements, this has not been the case regarding assertions of personal jurisdiction by federal courts. Generally, federal district courts sitting in diversity cases must look to personal jurisdiction limitations inherent in the state …
From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski
From O'Callahan To Chappell: The Burger Court And The Military, Stephen J. Kaczynski
University of Richmond Law Review
In 1969, the United States was deeply committed to a ground war in Southeast Asia in which the suffering and death was brought home daily to the American television viewer. Distrust of the military was never higher, as the repeated assertions of the imminent collapse of the enemy had apparently been graphically belied a year earlier in the Tet Offensive. As a newly elected President pledged to bring "peace with honor" to a war which seemed amenable to neither, Justice Douglas announced the decision of the Court in O'Callahan v. Parker.
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
The Prejudicial Effects Of Cameras In The Courtroom, Robert J. Fuoco
University of Richmond Law Review
The Supreme Court recently held in Chandler v. Florida, that absent a showing of actual prejudice, it is not per se unconstitutional to televise trials over the objection of the defendant. This decision has a direct bearing on state court procedures, as over one-half of the states currently permit television coverage of trials in one form or another. However, sheer numbers supporting a proposition do not make that proposition "right", nor does a Supreme Court decision upholding its constitutionality imply an unqualified stamp of approval. In fact, previous Supreme Court decisions have overturned convictions because the defendant's right to a …
The Marsh Trilogy: The Virginia Supreme Court Examines The Freedom Of Information Act, Steven L. Higgs
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
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
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.
The Fcc, Cable Tv, And Visions Of Valhalla: Judicial Scrutiny Of Complex Rulemaking And Institutional Competence, Allen E. Shoenberger
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
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.
The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton
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 …
Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst
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 …
The Virginia Supreme Court: Authority Versus Power To Abolish The Common Law
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
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
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.
Sales-Breach Of Warranty And The Wrongful Death Statutes- Tort Concept Of Warranty Is Extende
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, …
Recent Legislation, J. Rodney Johnson
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.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Toward Judicial Reform, Edward J. Gurney
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
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
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
University Of Richmond Law Notes, J. Westwood Smithers
University of Richmond Law Review
No abstract provided.
University Of Richmond Law Notes Table Of Contents
University Of Richmond Law Notes Table Of Contents
University of Richmond Law Review
No abstract provided.
Virginia's New Last Clear Chance Doctrine, William T. Muse
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 …
Foreward, William T. Muse
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.
University Of Richmond Law Notes Table Of Contents
University Of Richmond Law Notes Table Of Contents
University of Richmond Law Review
No abstract provided.
Foreward, William T. Muse
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.