Law Commons^™

Review Of The Legal Needs Of The Public, , Richard Lempert

Reviews

Both the title, The Legal, Needs of the Public, and the subtitle, The Final, Report of a National, Survey, of this volume are, quite fortunately, inapt. The report does not seek to quantify the legal needs of the public or to determine whether "needs" are being "met," and we are told by both Barbara Curran in her preface and Spencer Kimball in his foreword that this "final report" signifies the beginning and not the end of data analysis. This study (which I shall call the ABF study) is a joint undertaking of the American Bar Association Special Committee to Survey …

Protection Of Children From Use In Pornography: Toward Constitutional And Enforceable Legislation, T. Christopher Donnelly

University of Michigan Journal of Law Reform

This article will begin with an overview of the child pornography problem, then move to a more detailed discussion of the harms wrought upon children and society by the production and distribution of such material. A discussion of prior law will follow, detailing the need for legislation aimed specifically at the child pornography industry. The majority of the article will undertake a critical examination of existing child pornography legislation. The various elements of the offenses will be discussed and recommendations will be made to assure the effectiveness and constitutionality of child pornography statutes. In addition, provisions designed to facilitate easier …

Essays On Problems And Prospects In Southern Legal History, Kermit L. Hall

Vanderbilt Law Review

Justice Oliver Wendell Holmes, Jr., once urged historians to study the law because it offered a magic mirror whose reflections divulged fundamental social values.' Holmes' plea on behalf of the utility of legal history has relevance for southerners intrigued by the possibility of their historical distinctiveness. Without a basis of comparison, however, the search for southern exceptionality becomes a quest after the arcane. As C. Vann Woodward observed,southern history ought to tell all Americans, not southerners alone,something about their common pasts. Woodward argued that attaining this goal was entirely feasible, since certain aspects of the southern past, such as slavery …

Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann

Faculty Scholarship

Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …

Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato

Vanderbilt Law Review

In assessing the problems of race and debtor relief in Mississippi during Reconstruction, it is clear that, on the local level, the Lafayette County court system, as represented by the Lafayette county court, effectively carried out an institutional framework established by the Mississippi legislature and the Mississippi Supreme Court in which the freedman was denied any meaningful role and/or opportunity in the economic environment of the community.In doing so, the county court system, by allegedly protecting the rights of private property, helped stifle the economic recovery of Lafayette County and, inferentially, the State as a whole. Moreover, by quickly acting …

Book Reviews, Journal Staff

Vanderbilt Journal of Transnational Law

Book Reviews

MERCHANTS OF GRAIN Dan Morgan New York: The Viking Press,1979. Pp. xiv, 387. $14.95.

Reviewed by Leo V. Mayer

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THE DISCIPLINE OF LAW Lord Denning London: Butterworths, 1979. Pp. xxii, 331.

Reviewed by P. F. Ashman

Comment: Law And Disorder In Nineteenth-Century Kentucky, Mary K. Bonsteel Tachau

Vanderbilt Law Review

Robert M. Ireland's Article, "Law and Disorder in Nineteenth-Century Kentucky," centers on the state constitutional conventions of 1849 and 1890-1891, spiced with newspaper accounts, statutes,court cases, and legislative records. He has said that his Article presents a preliminary overview of some of the principal problems of the criminal justice system of nineteenth-century Kentucky. I hope this means he intends to continue his study so that soon we can expect a full examination of the criminal justice system in that state. I also hope that other scholars then will be inspired by his example to examine other contemporary state criminal justice …

Editorial Privilege And The Scope Of Discovery In Sullivan Rule Libel Actions, Howard Hunter

Research Collection Yong Pung How School Of Law

The war in Vietnam was the source of a great deal of social, political, and legal controversy. The impact of that war on our society was significant and substantial, but most students of the experience would probably not have predicted that the war's events would produce a lawsuit that could have a significant effect on the common law tort of defamation. The intriguing saga of Lt. Colonel Anthony Herbert, however, set the stage for the decision of a case that was almost as important to libel litigants as New York Times Co. v. Sullivan and Gertz v. Robert Welch, Inc.

Production And Consumption Of Informal Law: A Model For Identifying Information Loss, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This Article seeks to indicate where the probability of citizen ignorance is greatest, and to identify the important independent variables that determine the probable level of ignorance. On the basis of this analysis, the Article sets forth a model designed to facilitate development of law communication reforms that can restore legitimacy to the government's assumption that ignorance is not a proper defense to noncompliance. The model can be applied at any jurisdictional level. The nine charts at the end of the Article illustrate how various communication factors individually and cumulatively condition information flow at each level.