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Onions, Or The Joys Of Writing A Treatise, Joel Seligman
Onions, Or The Joys Of Writing A Treatise, Joel Seligman
Law Quadrangle (formerly Law Quad Notes)
From time to time during the five years I have worked with Louis Loss on what will be a 12-volume work on Securities Regulation, I have been asked what treatise writing is like. Normally the question is posed with the unspoken assumption that it must be a little like a serious case of leprosy or perhaps a violation of the 13th Amendment. For example: "Is it horribly depressing?" Or: "How many years do you think it will take?" Then there is a somewhat more cynical unspoken assumption that occasionally can be perceived: "Don't you miss theoretical writing?" Or most splendid …
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A. W. Brian Simpson
Detention Without Trial In The Second World War: Comparing The British And American Experiences, A. W. Brian Simpson
Law Quadrangle (formerly Law Quad Notes)
My interest in the detention of citizens, without trial, in Britain during the war of 1939-1945 arose as a byproduct of a more general interest. The study of cases has long been central to the common law tradition. But the legal dramas we examine so minutely are too often both contextless and dehumanized. Real people assume the masks of the law, becoming plaintiffs and defendants, offerors and offerees, grantors and contingent remainderpersons, concealed from us by the forms into which their problems have been packaged for legal analysis. Two English leading cases, decided by the House of Lords on November …
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
Reforming The Ncaa Drug-Testing Program To Withstand State Constitutional Scrutiny: An Analysis And Proposal, Thomas P. Simon
University of Michigan Journal of Law Reform
Shortly after year-round testing went into effect, the California Court of Appeal held that the NCAA's original drug testing program violated a student-athlete's right of privacy as protected by the California Constitution. This Note examines the impact of that decision and attempts to design a program that will withstand state constitutional scrutiny. Part I describes the current NCAA drug-testing program. Part II looks at the fourth amendment argument against drug testing of student-athletes. Part III assesses the viability of a federal constitutional attack on NCAA testing, while Part IV discusses a state constitutional challenge. Finally, Part V proposes reform of …