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Articles 181 - 210 of 229
Full-Text Articles in Legislation
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
Education Law, D. Patrick Lacy Jr., Kathleen S. Mehfoud
University of Richmond Law Review
No abstract provided.
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
Health Care Law, Peter M. Mellette, Emily W. G. Towey, J. Vaden Hunt
University of Richmond Law Review
No abstract provided.
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
Technology Law, J. Douglas Cuthbertson, Glen L. Gross
University of Richmond Law Review
No abstract provided.
Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene
Real Estate And Land Use Law, John V. Cogbill Iii, D. Brennen Keene
University of Richmond Law Review
No abstract provided.
Labor And Employment Law, Thomas M. Winn Iii
Labor And Employment Law, Thomas M. Winn Iii
University of Richmond Law Review
No abstract provided.
Restoring Fiscal Integrity To Virginia Government Is Highest Priority, Mark Warner
Restoring Fiscal Integrity To Virginia Government Is Highest Priority, Mark Warner
University of Richmond Law Review
No abstract provided.
The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper
The Strategic Alternative: How State Takings Statutes May Resolve The Unanswered Questions Of Palazzolo, Michael A. Culpepper
University of Richmond Law Review
In a world of "Hobbesian stick[s]" and "Lockean bundle[s]," analytical confusion should be expected. Indeed, critics describe the world of federal takings jurisprudence as "an unworkable muddle," as "a jumble of confusing holdings," and as a body of law existing in "doctrinal and conceptual disarray." Since the United States Supreme Court first considered the regulatory takings issue in Mugler v. Kansas, the Court's inconsistent application of the doctrine has largely conformed to criticism. Governed by abstruse metaphors' and ad hoc analysis, the Court acknowledges its imprecision 9 and often relies upon it.
Annual Survey Of Virginia Law: 1999 Technology Legislation In Virginia, Diane E. Horvath, John S. Jung
Annual Survey Of Virginia Law: 1999 Technology Legislation In Virginia, Diane E. Horvath, John S. Jung
University of Richmond Law Review
During its 1999 Session, the Virginia General Assembly passed sixty-four pieces oflegislation related to technology that were signed into law. Of these, eighteen bills and resolutions were proposed by the Joint Commission on Technology and Science ("JCOTS").
University Of Richmond Law Review
University Of Richmond Law Review
University of Richmond Law Review
No abstract provided.
A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker
A Literalist Proposes Four Modest Revisions To U.C.C. Article 3, Timothy R. Zinnecker
University of Richmond Law Review
I first taught a Payment Systems class during the fall of 1994. Not having taken the course in law school, and bringing very little "real world" experience in this area of commercial law to the classroom, I approached the task of teaching the course with some degree of fear and trepidation. I had already taught Secured Transactions, so I was familiar with the challenges of teaching a statutory course to a reluctant audience scarred by horror stories of their predecessors. I also audited a Payment Systems course taught by a colleague during the summer, so I had a good start …
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
Reluctant Charity: Poor Laws In The Original Thirteen States, William P. Quigley
University of Richmond Law Review
The poor laws of the original thirteen states can best be described as reluctant public charity. Assistance was provided to some of the poor but, when provided, was strictly rationed to those local residents considered worthy of help. Visitors, strangers and nonresident poor people were not helped and were legally run out of town. Poor relief for the locals was frequently given in ways that were demeaning and destructive to families. Poor people were always expected to work, and even poor children were taken from their families by the authorities and apprenticed to others. Poor adults that could work were …
Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii
Enterprise Zones In The Courts: Legal Challenges To State Economic Redevelopment Legislation, Patrick J. Skelley Ii
University of Richmond Law Review
The declining state of our nation's cities has been, and continues to be, a frequent source of news and fodder for political debate. Unemployment, urban blight, crime, and economic dislocation are just a few of the inner-city's afflictions which occupy the American mind. A multitude of theories have been advanced in order to explain the persistence of urban deterioration, accompanied by an array of governmental attempts to reverse, or at least stem, the trend of inner-city decay.
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
Changes In The Clean Water Act Since Kepone: Would They Have Made A Difference?, Wiliam Goldfarb
University of Richmond Law Review
In the anti-regulatory climate that currently pervades the American political scene, it is important to emphasize the palpable and significant accomplishments of environmental regulation. One measure of the success of environmental law during the past twenty-five years is that long-term, relatively localized environmental contamination-such as the pollution of the lower James River by Kepone between 1966 and 1975-probably can no longer occur in the United States. Major environmental statutes, enacted during the decade between 1976 and 1986, have precluded continuing environmental abuses of this scope and magnitude. The Resource Conservation and Recovery Act (RCRA), enacted in 1976, establishes a compre- …
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
The United States Supreme Court's Expansive Approach To The Federal Arbitration Act: A Look At The Past, Present, And Future Of Section 2, Preston Douglas Wigner
University of Richmond Law Review
The Federal Arbitration Act ["FAA"] was enacted in 1925 to ensure the validity and enforcement of arbitration agreements in contracts involving maritime transactions or interstate commerce. Intending the Act to be a simple method by which an opportunity would be given to enforce written arbitration agreements, Congress enacted what has become a confusing and controversial statute. Because of the absence of an in-depth discussion regarding the scope and applicability of the Act, Congress placed unintended burdens upon the courts to decipher congressional intent. Of particular concern to the courts was the authority by which Congress enacted the FAA.
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
The Evolution Of Quasi-Judicial Activism In The Legislative Branch: Canadian Commercial Corp./Heroux, Inc., John M. Holloway Iii
University of Richmond Law Review
During the First Congress' debate over the bill to establish the Treasury Department, James Madison described the principal responsibility of the Comptroller of the Treasury as "deciding upon the lawfulness and justice of claims and accounts subsisting between the United States and particular citizens: this partakes strongly of the judicial character, and there may be strong reasons why an officer of this kind should not hold his office at the pleasure of the Executive Branch of Government." With the passage of the Budget and Accounting Act of 1921, the General Accounting Office (GAO) was created and the responsibility to settle …
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
Response To Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Taylor Murphy Jr., Michael Mckenney
University of Richmond Law Review
The article Legal Issues Affecting Local Governments in Implementing the Chesapeake Bay Preservation Act (Legal Issues or "the article") adds measurably to the growing literature on the Chesapeake Bay Preservation Act ("the Act") and offers a significant amount of historical background. However, inasmuch as the article attempts to ascribe certain areas of legislative intent on the part of the General Assembly in adopting the Act that the authors of this comment believe are inaccurate, this comment will attempt to clarify those areas of legislative and regulatory intent. Additionally, this comment will discuss the regulatory development process of the Chesapeake Bay …
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
Legal Issues Affecting Local Governments In Implementing The Chesapeake Bay Preservation Act, W. Todd Benson, Philip O. Garland
University of Richmond Law Review
A profound chapter in Virginia land use law has begun. The Chesapeake Bay Preservation Act ("CBPA"), passed in 1988, asks localities to look beyond their geographic boundaries and beyond the health and well-being of their citizens, and to exercise their police and zoning powers to protect the quality of state waters. Localities also are asked to cooperate with a new state agency violating the sanctum of the local government land use prerogative.
The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
The Uniform Custodial Trust Act: An Alternative To Adult Guardianship, Louis A. Mezzullo, Michael C. Roach
University of Richmond Law Review
The problems associated with court appointed guardianship are axiomatic. The public nature of the court proceeding required for appointment of a guardian is of concern to many families who become involved in the process. The expense and delay associated with the original hearing, as well as subsequent hearings that may be necessary in the operation of the guardianship, are also a great disadvantage of guardianship. As a means of managing property, guardianship is cumbersome, expensive and inflexible. Recently, stories of the expense and potential abuse of guardianship for adults have found their way into the popular press. While most people …
Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell
Virginia's Historic District Enabling Legislation: Preservation At The Local Level, Virginia Epes Mcconnell
University of Richmond Law Review
On April 10, 1987, Governor Gerald L. Baliles established the Governor's Commission to Study Historic Preservation (the Commission). The Governor created the Commission in order to ensure that "Virginia is back in the forefront of our nation's historic preservation efforts," and charged the Commission to examine preservation issues in Virginia and to make recommendations for improving the Commonwealth's preservation program. Governor Baliles addressed the Commission in July of 1987, emphasizing that preservation is not mere reverence for the past. Preservation is, rather, a tool to manage change, to enliven our future, and is "necessary if we are to hand over …
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward
University of Richmond Law Review
In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
Freedom Of Information And The Cia Information Act, Karen A. Winchester, James W. Zirkle
University of Richmond Law Review
In enacting the Freedom of Information Act (FOIA) in 1966, Congress provided for broad disclosure of agency records. Although nine specific exemptions were included in the statute, they did not adequately address the Central Intelligence Agency's concern for security. Under the original FOIA, the CIA was required to search and assemble information which would otherwise remain compartmented, even though it was often clear that most or all of the information would fall within a statutory exception. The Central Intelligence Agency Information Act addresses many of the concerns of the CIA, as well as those held by public interest groups who …
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
Virginia's 'Affiliated Transactions' Statute: Indulging Form Over Substance In Second Generation Takeover Legislation, Stanley K. Joynes Iii, Steven J. Keeler
University of Richmond Law Review
Virginia's recently enacted antitakeover statute, the "Affiliated Transactions" provision of the Virginia Stock Corporation Act, raises serious constitutional and economic questions. Although the form of the statute appears to regulate the internal affairs of Virginia corporations, the substance and practical impact of the statute render it violative of both the commerce and supremacy clauses. Constitutional analysis of state antitakeover legislation necessitates consideration of the economic desirability of an unrestricted market for corporate control. The United States Supreme Court's most recent statement on the subject, in CTS Corp. v. Dynamics Corp. of America, decided on April 21, 1987, reflects a noteworthy …
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson
University of Richmond Law Review
In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
The Validity Of Court-Ordered Employment Quotas: A Statutory And Constitutional Analysis, Paul E. Mirengoff
University of Richmond Law Review
Although Title VII of the Civil Rights Act of 1964 has produced more than its share of difficult legal and moral issues, none has sparked more controversy than the question of the validity of hiring and promotion quotas. This issue has fueled continuous debate in the popular press and in scholarly journals. It has long divided former allies in the fight for civil rights legislation, and has even divided the two government agencies charged with primary responsibility for enforcing anti-discrimination laws, the Department of Justice and the Equal Employment Opportunity Commission (EEOC).
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
Legislative Changes To Virginia Administrative Rulemaking, John Paul Jones
University of Richmond Law Review
The year 1983 was an active one for administrative law reform in Virginia. The Governor's Regulatory Reform Advisory Board completed its first full year of studying the state administrative process in Virginia, developing proposals for its improvement and drafting enabling legislation. The Board received a wide variety of suggestions from state employees, businesses, and the public at large in open hearings and through private correspondence. The result was the Board's first annual report, containing a series of proposed legislative reforms. The common thread of these reforms was an increased public involvement in bureaucratic decision-making creating broadly applicable regulations with the …
Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison
Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison
University of Richmond Law Review
When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen
University of Richmond Law Review
This comment was prompted by the 1979 enactment of Section 8.01- 35.1 of the Code of Virginia, which changed the law in Virginia regarding the release of, and contribution among, joint tortfeasors. Contribution statutes such as section 8.01-35.1 provide an equitable remedy for the problem of unjust enrichment (or, more accurately, unequal punishment) whenever one of several joint tortfeasors pays more than his ratable share of a claim. There has been considerable debate concerning the retroactive effect of these statutes-that is, whether a newly promulgated contribution statute can be applied retroactively to affect a claim which arose before the statute …
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
The Virginia Natural Death Act - A Critical Analysis, Janice G. Murphy
University of Richmond Law Review
The right to die with dignity is a controversial issue. In the absence of legislative guidance, court intervention is often necessary to protect a patient's right to the privacy of his own body. At the same time, courts must protect the state's interests in the preservation of life, the protection of innocent third parties, the prevention of suicide, and the ethical integrity of the medical profession.
Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee
Virginia's New Comprehensive Conflict Of Interests Act: A Statutory Review, Francis C. Lee
University of Richmond Law Review
Recent news articles reflect the fact that conflict of interests problems can affect every person who serves the Commonwealth of Virginia in a governmental capacity. Public officers and employees are frequently faced with the Hobson's choice of either remaining in public life at the expense of divestiture of their private financial holdings or running afoul of the conflict of interests laws. They are not only charged with knowledge of the Virginia Comprehensive Conflict of Interests Act, but are also required, in many instances, to take affirmative steps to avoid violating it. Thus, they must be aware of the situations in …
Products Liability And The Virginia Statute Of Limitations - A Call For The Legislative Rescue Squad, Robert I. Stevenson
Products Liability And The Virginia Statute Of Limitations - A Call For The Legislative Rescue Squad, Robert I. Stevenson
University of Richmond Law Review
In recent years a flood of federally-funded scientific break-throughs have on almost a weekly basis established that some form of cancer or other dreaded disease is "caused" by exposure to a man-made product often not previously suspected of having a toxic tendency. Persons so afflicted then seek recovery from the product manufacturer. Their basis in tort is either for negligence in producing so harmful (and thus defective) a product, or for having failed to warn of the danger, or for "strict liability" within Section 402A of the Restatement (Second) of Torts. Where, as in Virginia, there is uncertainty as to …