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Full-Text Articles in Public Law and Legal Theory

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson Jan 2001

The Government As Fiduciary: A Practical Demonstration From The Reign Of Trajan, Robert G. Natelson

University of Richmond Law Review

The Roman Emperor Trajan is justly celebrated as an author of several modern civil rights, such as the right to confront one's accusers. But he is most aptly remembered as the ruler who proved that fiduciary government was possible. Following the example of Trajan's reign could improve greatly the standards of American public law.


Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen Jan 1995

Policy In Wake Of The Incident, Gerald Mccarthy, W. Tayloe Murphy, Gerald Winegrad, Joel B. Eisen

University of Richmond Law Review

The goal of this panel was to examine the policies formed in the wake of the Kepone incident: the environmental laws, the regulations and policies that are designed to safeguard our natural resources to ensure that incidents such as the Kepone incident do not reoccur and if they do, to hold those responsible for environmental damage accountable for their actions.


Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison Jan 1989

Protective Orders, Plaintiffs, Defendants And The Public Interest In Disclosure; Where Does The Balance Lie?, Alan B. Morrison

University of Richmond Law Review

It is a basic principle of the American system of jurisprudence that the courts of the United States are open. That includes not only the opportunity for the public to attend courtroom proceedings, but also the right to examine the documents that are filed in court. However, this principle of openness can sometimes come into conflict with other principles in our justice system. Everyone recognizes that there are some situations in which information should not be made public, at least not immediately. The problem is how to identify and limit those situations in which information is not made public so ...


The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey Jan 1988

The Letter Of Credit As Security For Completion Of Streets, Sidewalks, And Other Bonded Municipal Improvements, James P. Downey

University of Richmond Law Review

When approving a land development project, municipalities require assurance that developers will construct the required public improvements, and that in the event of default, the surety will be responsive, so that the project will be completed promptly, without risk to the municipal treasury. A form of guarantee sometimes used is the letter of credit. The case law involving public improvement letters of credit is sparse, yet the contingent liability to municipalities from defaulted land developments, with illusory sureties, should not be underestimated.


Pigeonholes In The Public Forum, Gary C. Leedes Jan 1986

Pigeonholes In The Public Forum, Gary C. Leedes

University of Richmond Law Review

Streets, parks, and similar places traditionally used for purposes of discussion and assembly are public forums where people have liberty to communicate their thoughts. Persons lacking the status, money or charisma necessary to command coverage by the mass media often desperately seek access to the public forum. Once access is obtained, ideas can be communicated in a cost-effective manner. However, like other first amendment cases, public forum cases are not fungible. The varying weights of competing interests and the instability of ad hoc balancing tests have created a need for doctrinal structure. The Supreme Court's evolving public forum doctrine ...


Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken Jan 1986

Virginia Should Open Its Courthouse Doors To Review Administrative Decisions Involving Public Assistance, Christopher Allen Stump, Jill A. Hanken

University of Richmond Law Review

Virginia's courts interpret the Virginia Administrative Process Act (VAPA) to prohibit judicial review of administrative decisions that grant or deny public assistance funds. Virginia is therefore one of only three states which fail to provide judicial review of such decisions. This article advocates judicial review of public assistance hearing decisions on the basis of principles of statutory construction and constitutional law. The article concludes that Virginia's minority status indicates a failure to meet traditional notions of fairness.


Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson Jan 1984

Stream Flow Maintenance In Virginia, Timothy Hayes, Jeter M. Watson

University of Richmond Law Review

Increasing and conflicting uses of water have been widely heralded as one of the major environmental crises facing society. Below average rainfall in recent years has caused municipal water shortages in Virginia, particularly in the rapidly growing areas of the southeastern part of the state, evidence that water quantity problems are no longer a phenomenon peculiar to the western states. Generally, those in Virginia who advocate reallocation of water to areas of the state experiencing such shortages feel that the state has enough water, just not all in the correct places.


Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams Jan 1984

Taking Precedents In The Tidelands: Refocusing On Eminent Domain, W. Wade Beryyhill, Susan S. Williams

University of Richmond Law Review

"Buy land, they're not making any more," Will Rogers supposedly once recommended. If he did, then Will had never taken a good look at the shore: Over the years, millions of acres of tidelands have been dredged and filled, many to provide new recreational facilities and vacation homesites.


Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant Jan 1983

Liability Of A Possessor Of Premises To Public Officials For Physical Harm Caused By A Condition Of The Premises - A Rule For Virginia, Willard I. Walker, Marilyn K. Dunavant

University of Richmond Law Review

Although Virginia has established rules of liability for possessors of premises to trespassers, licensees, and invitees, the Supreme Court of Virginia has not addressed the possessor's liability for conditions on the premises causing physical harm to public officials who are lawfully upon the premises by virtue of a privilege and without the possessor's express permission or invitation. These officials include those who are authorized, but not required, by statutes or ordinances to be upon the premises, whether or not their employment requires it, e.g., firemen and policemen. Such officials are likely to be upon the premises at ...


Virginia Laws Affecting Churches - Restated, J. Rodney Johnson Jan 1982

Virginia Laws Affecting Churches - Restated, J. Rodney Johnson

University of Richmond Law Review

Twenty-five years ago, the late William T. Muse, then Dean of the University of Richmond School of Law, observed that although there was considerable law in Virginia relating to churches this law was widely scattered throughout the statutes and the cases. To remedy this state of affairs, Dean Muse wrote a concise but complete summary of these laws. In the quarter-century that has elapsed since Dean Muse's article was published, Virginia has adopted a new constitution, many church-related statutes have been enacted and a number of church-related cases have been decided, some of which have refined established principles and ...


When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell Jan 1979

When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell

University of Richmond Law Review

A 1977 article in this Review noted certain amendments to Virginia's Banking Act which introduced and defined the term "public interest" as the standard to be applied by the Virginia State Corporation Commission (hereinafter Commission) in regulating the expansion of the state-chartered banks and savings and loan associations in Virginia. That article summarized certain principles the Commission and the Virginia Supreme Court had applied under the former tests ("public need" and "public convenience and necessity"), and pointed out facts the Commission had considered significant in deciding those cases.


State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond Jan 1979

State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond

University of Richmond Law Review

FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions ...


Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii Jan 1978

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.


The "Public Interest" And Bank And Savings And Loan Expansion In Virginia, David Parcell, Richard D. Rogers Jan 1977

The "Public Interest" And Bank And Savings And Loan Expansion In Virginia, David Parcell, Richard D. Rogers

University of Richmond Law Review

In the past, two phrases have been the subject of much evidence and legal argument in proceedings before the Virginia State Corporation Commission (SCC). The two phrases are public need and public convenience and necessity. Application of these two phrases has controlled the formation of new financial institutions and the expansion of existing ones. In 1976, the Virginia General Assembly eliminated in part these two phrases and in their place substituted a single phrase- public interest


Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak Jan 1977

Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak

University of Richmond Law Review

In order to appreciate the problems and challenges presented by public employee collective bargaining, one should first consider the tremendous growth of the public sector in recent decades. In 1946, there were approximately six million persons employed at all levels of government. By 1974, the total stood at nearly fifteen million. The number of state and local government employees rose from about three and one-half million in 1946, to over eleven and one-half million in 1974.


Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act Jan 1974

Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act

University of Richmond Law Review

The past two decades have evidenced a growing criticism and intolerance of "closed sessions" or "secret meetings" in the operation of government. As a result of this increased disapproval, most states enacted some form of "open meeting" legislation designed to give the public a legal right to attend meetings of state and local governing bodies. The purpose of these statutes has been to maintain the faith of the public in governmental agencies by allowing citizen attendance and participation in all phases of the decision making process. Citizens must be able to go behind the decisions of government and hear discussion ...


Book Reviews, Jack S. Shackleton, James R. Saul Jan 1972

Book Reviews, Jack S. Shackleton, James R. Saul

University of Richmond Law Review

These are the book reviews from 1972.


Public Assistance: Congress And The Employable Mother, James J. Graham Jan 1969

Public Assistance: Congress And The Employable Mother, James J. Graham

University of Richmond Law Review

The recent inauguration of a new Chief Executive in Washington, who has already indicated some willingness to try bold solutions to the twin problems of welfare and poverty,' may help create a more realistic political climate for liberals and conservatives. Both groups may be less eager to attribute spiraling increases in the "family" relief categories to personal delinquencies rather than economic circumstances.