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The Victims' Rights Act Of 1988, The Florida Constitution, And The New Struggle For Victims' Rights, Patrick B. Calcutti Oct 1988

The Victims' Rights Act Of 1988, The Florida Constitution, And The New Struggle For Victims' Rights, Patrick B. Calcutti

Florida State University Law Review

No abstract provided.


Foreword: The 1988 Legislative Session, Tom Gustafson Oct 1988

Foreword: The 1988 Legislative Session, Tom Gustafson

Florida State University Law Review

No abstract provided.


General Legislation, J. Ferguson May 1988

General Legislation, J. Ferguson

California Regulatory Law Reporter

No abstract provided.


Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler Jan 1988

Rethinking The Judicial Reception Of Legislative Facts, Ann Woolhandler

Vanderbilt Law Review

In a recent article, Professor Peggy Davis called for reforms in judicial reception of legislative facts. Her suggestions, which follow an empirical analysis of the use of psychological parent theories in child custody disputes, echo similar proposals by Professor Kenneth Karst in 1960s and by Professors Arthur Miller and Jerome Barron in 1975 for judicial reception of legislative facts in constitutional cases.As originally defined by Kenneth Culp Davis, legislative facts are facts that "inform[] a court's legislative judgment on questions of law and policy." They contrast with adjudicative facts, which are facts about "what the parties did, what the circumstances …


Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor Jan 1988

Hard-Core Pornography: A Proposal For A Per Se Rule, Bruce A. Taylor

University of Michigan Journal of Law Reform

Part I of this Article discusses the history and pervasiveness of the pornography problem. Part II explains the current legal test for obscenity, as evolved from Miller v. California, with an emphasis on terms commonly used in the definition of obscenity. Part III examines the problems in applying Miller that suggest that the application of a per se hard-core pornography rule may be appropriate. Finally, Part IV presents a proposal for a per se hard-core pornography rule, similar to child pornography laws existing in many jurisdictions and upheld by the Supreme Court in New York v. Ferber. This Article concludes …


Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello Jan 1988

Rape Shield Laws--Is It Time For Reinforcement?, Catherine L. Kello

University of Michigan Journal of Law Reform

This Note takes a critical look at civil suits arising from allegations of rape, particularly from the perspective of how these actions run counter to the spirit of rape reform and rape shield legislation. The analysis begins with a brief history of the Rape Shield Law and its intended purposes. Part II then utilizes two cases to outline the current dilemma posed by civil suits that are filed during a pending criminal sexual conduct prosecution. After presenting these cases, Part III considers whether a legislative remedy is required and determines that it is. Part IV then proposes a Model Statute. …


Communications Technology: New Challenges To Privacy, 21 J. Marshall L. Rev. 735 (1988), Fred W. Weingarten Jan 1988

Communications Technology: New Challenges To Privacy, 21 J. Marshall L. Rev. 735 (1988), Fred W. Weingarten

UIC Law Review

No abstract provided.


The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann Jan 1988

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.


The Privacy Act And The Freedom Of Information Act: Conflict And Resolution, 21 J. Marshall L. Rev. 703 (1988), Thomas M. Susman Jan 1988

The Privacy Act And The Freedom Of Information Act: Conflict And Resolution, 21 J. Marshall L. Rev. 703 (1988), Thomas M. Susman

UIC Law Review

No abstract provided.