Digital Commons Network^™

Artificial Insemination: No Longer A Quagmire, George P. Smith Ii

Scholarly Articles

With the recent decision in People v. Sorenson, a significant departure in ritualistic thinking in the area of domestic relations was signaled when it was determined that if a consenting husband allows an act of artificial insemination to be performed on his wife, and the positive result of the act is a child, the husband is-accordingly-liable for the child's support. No social stigma of illegitimacy will be imprinted on the child and no question of adultery can be raised as to the wife and donor or doctor.

Judicial Review Of Accreditation: The Parsons College Case, William A. Kaplin

Scholarly Articles

Since courts have seldom become involved in the process of educational accreditation that operates in the United States, the private regional and professional accrediting agencies that evaluate our educational institutions have generally functioned without judicial (or for that matter, legislative) interference. This freedom from any form of governmental control has been of singular importance in shaping the development of a private accreditation system unique to this country. Any court case challenging some aspect of this system could, therefore, be of enormous significance to education and the future of accreditation in the United States. Such a case is Parsons College v. …

Wartime Drama: The Theater In Washington, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

Note, Appearance Of Bias As Grounds For Vacating An Arbitrator’S Award – Implications Of Commonwealth Coatings Corp. V. Continental Casualty Co. For Labor Arbitration, Roger C. Hartley

Scholarly Articles

Commonwealth Coatings Corp. v. Continental Casualty Co. involved the arbitration of a dispute between two contractors. The reasoning of the opinion of the court contains possible implications for the review of labor arbitration awards challenged on the ground of alleged partiality of the arbitrator. The federal district courts find jurisdiction to vacate labor arbitration awards under Section 301 of the Labor Management Relations Act (LMRA), but nowhere in the LMRA is there an express test of partiality the courts can apply. Section 10 of the United States Arbitration Act provides a statutory test of "evident partiality,"'-but it has been held …

The Federal Medical Care Recovery Act, Michael F. Noone Jr.

Scholarly Articles

Until the passage of the Federal Medical Care Recovery Act, which became effective in 1963, the

Federal Government was not able to recover the expense of medical services extended to one who was entitled to those services when the injury was caused by the negligence of a third-party tortfeasor. The act now gives the Government the right to join in the suit of the injured party or to proceed on its own. Through co-operation with the injured parties' attorneys, the Government has recouped millions of dollars.

An Examination Of The Federal Rules Of Appellate Procedure, Harvey L. Zuckman

Scholarly Articles

My plan here is to note first major changes in appellate procedure wrought by the new federal rules generally and then to comment in some detail upon what I consider to be the most important rules. Where appropriate, I shall note changes in procedure in the individual circuits, particularly the Seventh, Eighth and Tenth Circuits.

Note, Recommendations Of The Governor’S Commission To Revise The Public Employment Law Of Pennsylvania: A Preliminary Assessment, Roger C. Hartley

Scholarly Articles

No abstract provided.

Posting Of Checks: Final Payment And The Four Legals, Ralph J. Rohner

Scholarly Articles

A drew a check to B who deposited it in his account in X Bank. The check was presented to the drawee-payor, Y Bank, on Friday morning through the local clearing house, was sorted, encoded, run through the electronic computer, and stamped "Paid." On Monday morning exception reports were reviewed, the check was photographed, cancelled, and filed away in A's account. On Monday afternoon A stopped payment on ,the check. Y Bank removed the check from A's file and notified X Bank the check was being returned in accordance with the local clearing house rule. In an action by X …

Jurimetrics, No!, Ralph J. Rohner

Scholarly Articles

As the twentieth century ends, we hear recounted the story of the law revolution that began in the 1960's and reached its fulfillment with the constitutional amendment that replaced the Supreme Court with nine outstanding JUDIVACs, who formed the High-Voltage Bench. Little-known details of these momentous events are explained.

When You Wish Upon A Star: The J.D. Fantasy, George P. Smith Ii

Scholarly Articles

It is maintained here that the development and improvement of the standards for the work undertaken for the basic law degree should be of first and primary consideration. Specifically, by making the law schools substantially stronger and more stable, by acquiring good, productive full-time faculties, by placing greater emphasis upon the realization of lawyer skills through legal education and the development of more effective teaching techniques, by maintaining up-to-date curricula, by phasing out part-time evening law school programs and completely disaccrediting the study of law through correspondence schools, by maintaining better research libraries, by setting higher admission standards for some …

Through A Test Tube Darkly: Artificial Insemination And The Law, George P. Smith Ii

Scholarly Articles

Although written forty-four years ago, this article provides a foundational analysis of the then-nascent beginnings of the legalization of artificial insemination from the judicial posture taken by the state of California to the legislative stance of Oklahoma. Analyzing the consequences of artificial insemination by a donor (A.I.D.) and by a woman’s husband (A.I.H.), the consequences of these procedures on family law — and especially illegitimacy — inheritance, and adultery, are studied and evaluated.

In order to provide some degree of stability and predictability to this obviously contentious area within Law, Science, and Medicine, this article urges measured experimentation in genetics …

Orthodoxy V. Reformation In The Jury System: Pattern Instructions: A Resolution?, George P. Smith Ii

Scholarly Articles

No abstract provided.

Academic Aloofness: Stimulant Or Depressant To Legal Education?, George P. Smith Ii

Scholarly Articles

No abstract provided.

Fcc V. Schreiber: In Camera And The Administrative Agency, Harvey L. Zuckman

Scholarly Articles

Obtaining protection for business secrets in an agency proceeding is at best an imperfect art. The lack of any uniform rule and the confusion and delay which result from an ad hoc approach are highlighted by FCC v. Schreiber. The authors examine the current state of the law in light of the Schreiber decision and point up the present inequities. Their conclusion is that the situation can only be remedied by enactment of regulatory in camera procedures for all federal agencies. A model for such a regulation is appended to the article.

Law Vs. Politics: The Self-Image Of The American Bar, Maxwell Bloomfield

Scholarly Articles

The advent of Jacksonian democracy in American politics coincided with a vigorous leveling movement in American law. In one sense the latter crusade was nothing new: hostility toward the elitism of the legal fraternity had been rife since the days of the Revolution. But whereas earlier critics had worked to simplify the content of the law, reformers in the 1830's and 1840's attacked the problem from a different angle. Eschewing substantive changes, they sought instead to bring the administrators of the law under more direct popular control. Their program embraced a wide range of legislative measures in which worried conservatives …

May Plaintiffs Include The United States Claim Under The Federal Medical Care Recovery Act Without Government Intervention?, Michael F. Noone Jr.

Scholarly Articles

Soon after the inception of the Hospital Recovery Claims Program, Government agencies concluded that the most effective means of asserting and collecting claims under the provisions of 42 U.S.C. 2651-3 would be through the injured party's attorney. Since approximately 95% of all person injury claims are settled prior to trial, the question of who could sue if the claim could not be settled amicably remained unresolved. At the end of the first year all agencies were advised to request the plaintiff's lawyers to include the Government's claim as an item of special damages if suit were filed. Within a few …

Muckraking And The American Stage: The Emergence Of Realism, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

Frederick Grimke And American Civilization, Maxwell Bloomfield

Scholarly Articles

No abstract provided.

Effective Instructions To The Federal Jury In Civil Cases: A Consideration In Microcosm, George P. Smith Ii

Scholarly Articles

One of the most intriguing topics of current conversation among today's experienced, as well as inexperienced, trial lawyers is the preparation and use of jury instructions. This interest is initiated within the law school setting, where professors teaching courses in evidence and procedure will invariably seek to impart in one lecture-or implicitly consider throughout the entire course-what they consider to be the rationale for effective and successful jury instructions. Yet it has only been recently that the federal bench has expressed itself with convincing clarity on this timely matter. Previously, unrecorded comments and ideas concerning the preparation of jury instructions …

The Development Of The Right Of Assembly: A Current Socio-Legal Investigation, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to assay the historical evolution of the freedom of assembly, noting first its development in England and later in America and finally its current position in the twentieth century. Even though the rights of free speech, association, and religion are inescapably drawn into case discussions of freedom of assembly, effort will be made to confine the consideration to the pertinent assembly problems. In addition to considering the fundamental legal propositions embodied in this right, as well as its raison d'etre, thought and discussion will be given to the sociological interpretations of the …

William Sampson And The Codifiers: The Roots Of American Legal Reform, Maxwell Bloomfield

Scholarly Articles

The transition from colony to nation involved difficult readjustments in the thinking and behavioral patterns of the American people, and nowhere were the inherent tensions more evident than in the field of law. Prior to the revolution, Americans had willingly accepted the legal principles and practices of the mother country, although modifying them somewhat to suit the more fluid social and economic environment of the New World. But the achievement of political independence from England soon led to demands that all other ties with the former metropolis be severed as well.

Radical agitators in various states thus urged the complete …

Private Etsel’S Million Dollar Accident, Michael F. Noone Jr.

Scholarly Articles

No abstract provided.

The Legal Status Of The Educational Accrediting Agency, William A. Kaplin, J. Philip Hunter

Scholarly Articles

The educational accrediting agency is a powerful instrumentality in the United States-able, with minimal governmental interference, to set policies and standards in an area of vital concern to the public. As education becomes more complex, and as our society increasingly relies upon educational training and upon the standards by which that training is evaluated, the impact which the accrediting agency will have upon educational institutions and students enrolled in them will correspondingly increase. For all its influence, however, the accrediting agency occupies an ambiguous legal position. Therefore, in order to lay the framework for a more thorough understanding of the …

The Conscientious Objector Exemption As An Establishment And An Accommodation Of Religion, Raymond B. Marcin

Scholarly Articles

No abstract provided.

Much Ado About Nothing: The J.D. Movement, George P. Smith Ii

Scholarly Articles

In a recent article appearing in The Student Lawyer Journal, Dean John G. Hervey of the Oklahoma City University School of Law presented what, on first reading, appeared to be a very well documented argument in support of the uniform awarding of the Juris Doctor (J.D.) as the first degree in law. There can be little quarrel with Dean Hervey's statistical abstracts which he uses to build the central thesis of his article. The importance of this information to support his sweeping generalities is to be severely questioned. The position of the American Bar Association is also eminently clear. However, …

Dr. Bonham’S Case And The Modern Significance Of Lord Coke’S Influence, George P. Smith Ii

Scholarly Articles

Dr. Bonham’s Case, decided by Edward Coke as Chief Justice of the British Court of Common Pleas in 1610, remains, to this day, the case acknowledging the supremacy of the fundamental (or natural) law interpreted and enforced as such by the judiciary and not a legislative body - here, Parliament. Coke’s idea of a law of nature superior to man-made law was not new. What was original, and even radical for the times, was the notion that the courts of law should be given the power and the right to interpret and enforce that law. This theory of judicial review …

The Right To Bear Arms: A Phenomenon Of Constitutional History, Ralph J. Rohner

Scholarly Articles

Most discussions of the right to bear arms-however superficial-begin by noting the specific language of the second amendment to the United States Constitution, which provides:

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

And in various similar provisions, the constitutions of thirty-five states guarantee expressly the right to bear arms. Though it is submitted below that there may be significant distinctions between the protection afforded by the federal and state constitutions, for our purposes here we are concerned primarily with the …

Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii

Scholarly Articles

This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the …

Friendly V. Hostile Fires, George P. Smith Ii

Scholarly Articles

What is fire? This is the central question in the discussion of the friendly-hostile fire doctrine. Since fire is defined differently by the historian, the scientist, the layman, the economist, the lawyer and the insurance agent, it becomes necessary to consider these viewpoints separately and hopefully seek to clarify the existing differences. After completing this undertaking, it then becomes necessary to discuss the historical evolution of the doctrine with particular emphasis being placed upon a careful dissection of the early English case of Austin v. Drew which first introduced the principles embodied in the doctrine and the American case of …

Mirror For Businessmen: Bronson Howard’S Melodramas, Maxwell Bloomfield

Scholarly Articles

Every nation has its master theme, Bronson Howard observed around 1886. In France, this perennial topic is marital infelicity; in England it is caste; in the United States, it is business. " The remark may seem trite today, when business ideals have permeated all corners of American society, when businessmen-novelists are celebrating the virtues of the "great American game" and when business-oriented historians are demanding that we scrap the term "robber barons" in referring to the founders of our industrial fortunes. The businessman has become the dominant symbol of our age, but in 1886 his status and popular appeal remained …