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Full-Text Articles in Law

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson Dec 1972

The Condemnor Has The Right To Show The Reasonably Foreseeable And Probable Uses Of The Tract Condemned So That The Jury May Consider This Factor With All Other Matters In Reaching A Market Value Determination Respecting The Remainder Tract., Stephen Bond Paxson

St. Mary's Law Journal

Abstract Forthcoming.


Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr. Dec 1972

Prisoners' Redress For Deprivation Of A Constitutional Right: Federal Habeas Corpus And The Civil Rights Act., Daniel J. Sheehan Jr.

St. Mary's Law Journal

Franchises, founder-member contracts, and referral-sales agreements are marketing practices used to expand retail businesses and typically categorized as investment contracts. These marketing schemes continue to leave investors susceptible to fraud and misrepresentation because security regulations may fail to adapt to continuously varying methods in which promoters acquire capital. The Securities Act of 1933, the Securities Exchange Commission of 1934, and the Blue Sky Laws were attempts to regulate marketing schemes by establishing purposefully broad definitions of investment contracts. Securities laws were meant to have a liberal application for the purpose of being flexible and adaptive. In 1946, the landmark case …


1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn Dec 1972

1) A Consent To A Search And Seizure Can Be Shown When Words Constituting Consent Are Given After Officers Allege They Have Possession Of A Search Warrant; 2) The Right Of Confrontation Is Not Violated When An Out Of Court Confession Of A Third Person Is Introduced At Trial And Implicates The Accused., Michael L. Vaughn

St. Mary's Law Journal

Abstract Forthcoming.


The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke Jun 1972

The Legislature May Not Validly Exempt The Property Of A Nonprofit Water Supply Corporation From Taxation., Charles T. Locke

St. Mary's Law Journal

Abstract Forthcoming.


Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess Jun 1972

Regulation Governing The Length Of Hair Is One That Is Not Cognizable In The Federal Courts, Nor Is Such Right To Be Found Within The Plain Meaning Of The Federal Constitution., Thomas N. Willess

St. Mary's Law Journal

Abstract Forthcoming.


A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken Jun 1972

A State's Juvenile Statute Which Contains An Age-Sex Disparity Must Be Supported By A Purpose Which Is Reasonable Rather Than Arbitrary And Invidious., Robert S. Flaniken

St. Mary's Law Journal

Abstract Forthcoming.


Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe Jun 1972

Aliens: The Unconstitutional Classification For Admission To The Bar., J. Rand Cliffe

St. Mary's Law Journal

Abstract Forthcoming.


Relatives' Responsibility Law Requiring Financially Able Adult Children To Contribute To The Support Of Their Needy Parents Has A Rational Relation To A Conceivably Legitimate State Purpose And Does Not Transgress The Constitutional Equal Protection Guarantee., Garvin P. Stryker Jun 1972

Relatives' Responsibility Law Requiring Financially Able Adult Children To Contribute To The Support Of Their Needy Parents Has A Rational Relation To A Conceivably Legitimate State Purpose And Does Not Transgress The Constitutional Equal Protection Guarantee., Garvin P. Stryker

St. Mary's Law Journal

Abstract Forthcoming.


Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan Mar 1972

Benefits Vs. Money As Compensation In A Partial Taking., Shelby A. Jordan

St. Mary's Law Journal

This article compares and contrasts two different procedures courts use to ascertain a property's fair market value in an eminent domain proceeding. Twenty-seven states, the majority view, support the proposition that special but not general benefits may be deducted from any damages alleged to the remainder. However, neither special nor general benefits may be deducted from the value of the land taken. On the other hand, minority jurisdictions allow benefits to be set off from the total compensation awarded. These jurisdictions refuse to draw an artificial line between compensation for damages to the remainder and compensation for the land taken. …


Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald Mar 1972

Grand Jury Witness Has Standing As An Aggrieved Person And May Suppress Evidence Obtained As A Result Of An Illegal Wiretap., Terrence W. Mcdonald

St. Mary's Law Journal

Abstract Forthcoming.


In The Determination Of Aliens Deportable Under 8 U.S.C. 1251(A)(4) The Crime Of Statutory Rape Is Usually Classified As Rape And Such A Crime Manifestly Involves Moral Turpitude., Jeptha C. Tatum Mar 1972

In The Determination Of Aliens Deportable Under 8 U.S.C. 1251(A)(4) The Crime Of Statutory Rape Is Usually Classified As Rape And Such A Crime Manifestly Involves Moral Turpitude., Jeptha C. Tatum

St. Mary's Law Journal

Abstract Forthcoming.