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Articles 1 - 30 of 36
Full-Text Articles in Law
The Newsman's Privilege: An Empirical Study, Vince Blasi
The Newsman's Privilege: An Empirical Study, Vince Blasi
Michigan Law Review
Today, the statutory, common-law, and constitutional aspects of the long-dormant problem are being re-examined by many legislators, judges, and academicians. The Supreme Court is scheduled to address the constitutional question some time this term. I propose to enter this fray. In this article, I will report the results of an empirical survey that I have undertaken. In subsequent articles, I will analyze the eighteen state statutes that grant newsmen a privilege, consider whether protection for the reporter-news source relationship is compelled by existing common-law principles, and address the question whether a newsman's privilege is properly to be inferred from the …
The Laws Relating To Abatement And Control Of Water And Air Pollution In North Carolina, Henry E. Poole
The Laws Relating To Abatement And Control Of Water And Air Pollution In North Carolina, Henry E. Poole
North Carolina Central Law Review
No abstract provided.
Special Service Districts In A City-County Consolidation: Conflict Between Metropolitan Reform And "One Man-One Vote" In Indianapolis-Marion County, Michael J. Huston
Special Service Districts In A City-County Consolidation: Conflict Between Metropolitan Reform And "One Man-One Vote" In Indianapolis-Marion County, Michael J. Huston
Indiana Law Journal
Recent Developments in Indiana Law
Richardson V. State: An Opportunity Missed, Jay F. Cook
Richardson V. State: An Opportunity Missed, Jay F. Cook
Indiana Law Journal
Recent Developments in Indiana Law
Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett
Constitutional Law--Does A Private College's Response To State Legislation Constitute State Action?, Willian Charles Garrett
West Virginia Law Review
No abstract provided.
Statutes--Modern Budget Amendment--Item Veto
Statutes--Modern Budget Amendment--Item Veto
West Virginia Law Review
No abstract provided.
The Tort Liability Of The State Of Indiana: Perkins V. State, Edward F. Mccrea
The Tort Liability Of The State Of Indiana: Perkins V. State, Edward F. Mccrea
Indiana Law Journal
Recent Developments in Indiana Law
Statutes--Relation Of An Enactment To Its Title, William Charles Garrett
Statutes--Relation Of An Enactment To Its Title, William Charles Garrett
West Virginia Law Review
No abstract provided.
Statutory Construction--Dismissal Hearing Before Board Of Education
Statutory Construction--Dismissal Hearing Before Board Of Education
West Virginia Law Review
No abstract provided.
"Substantial Compliance" With Municipal Tort Notice Requirements: Galbreath V. City Of Indianapolis, H. Andrew Sonneborn
"Substantial Compliance" With Municipal Tort Notice Requirements: Galbreath V. City Of Indianapolis, H. Andrew Sonneborn
Indiana Law Journal
No abstract provided.
Municipal Liability For Riot Damage Under Eminent Domain
Municipal Liability For Riot Damage Under Eminent Domain
Washington and Lee Law Review
No abstract provided.
Political Subdivisions-Qualifications For Exclusion From The Labor-Management Relations Act
Political Subdivisions-Qualifications For Exclusion From The Labor-Management Relations Act
Washington and Lee Law Review
No abstract provided.
Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler
Metropolitanization And Land-Use Parochialism--Toward A Judicial Attitude, Michael H. Feiler
Michigan Law Review
The purpose of this Article is to explore those situations in which courts have given meaning to the Euclid caveat in operation, and, from those instances, to attempt to evolve a judicial approach to the problems posed by the conflict between purely local interests on the one hand and more comprehensive regional interests on the other. Four basic premises are herein indulged: (1) that strictly local zoning is unsatisfactory; (2) that new and innovative legislation will not be readily forthcoming; (3) that the burden of mediating these conflict situations will continue to fall upon the judiciary; and (4) that present …
Constitutional Law--Discretionary Acts Of Governor
Constitutional Law--Discretionary Acts Of Governor
West Virginia Law Review
No abstract provided.
Taxation--Employment Agency Fees Deductible As A Business Expense, James M. Henderson Ii
Taxation--Employment Agency Fees Deductible As A Business Expense, James M. Henderson Ii
West Virginia Law Review
No abstract provided.
Mandamus--State Agency Reimbursement
Reducing The Size Of Juries, David M. Powell
Reducing The Size Of Juries, David M. Powell
University of Michigan Journal of Law Reform
In recent years, court dockets have become increasingly congested. The resulting delays place a great burden both on civil litigants and on the criminally accused who often await trial for more than two years. In responding to this problem, jurists have focused on trial by jury and have typically suggested modifications of two types: either limiting access to juries by litigants, or increasing the efficiency of the juries themselves. Some critics have even contended that the anachronistic procedure of jury trials is such an undue burden on the judicial system that it should be abolished in the interest of efficient …
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
Mental Illness And Criminal Commitment In Michigan, Grant H. Morris
University of Michigan Journal of Law Reform
This article concentrates on one vital issue: to what extent are differences in treatment justified because of a mentally ill person's "criminal" involvement. While the article is primarily concerned with Michigan institutions and Michigan statutes, the discussion and the solutions proposed are in many respects applicable to all states of the Union. Not only must all states reevaluate their policies toward criminal commitment of the mentally ill in light of ever-changing medical and penal theory, but they must also consider the developing constitutional concepts in this area. These constitutional issues are raised here only to the extent necessary to alert …
New York Specious Cash Sales Act, Craig D. Holleman
New York Specious Cash Sales Act, Craig D. Holleman
University of Michigan Journal of Law Reform
The New York Legislature recently moved to protect consumers in that state from unscrupulous retailers of consumer goods and financers of consumer loans by enacting the Specious Cash Sales Act. The new law is the third in a series of measures designed to remedy certain perceived inequities to which the holder in due course doctrine gives rise in the consumer goods field. Earlier this year, the Legislature undercut complicated mechanisms whereby a finance company could procure from a retailer contracts and obligations containing a waiver-of-defenses provision executed by the buyer-consumer. This law in turn complemented a still earlier statute which …
The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman
The Illinois Criminal Code Of 1961 And Code Of Criminal Procedure Of 1963, Charles H. Bowman
University of Michigan Journal of Law Reform
Illinois had no "Criminal Code" in the sense of a codified, systematic body of law functioning as an instrument of social control in a modern community. Many provisions had remained unchanged since Judge Lockwood, in submitting a revised draft of the Laws of Illinois to the Illinois General Assembly of 1827, described the small chapter on criminal jurisprudence as deriving primarily from a volume of the Laws of New York of 1802 which he brought with him to Illinois, and a volume of the Laws of Georgia which he located in the office of the Secretary of State. In fact, …
Reflection On The Law Reforming Process, Sanford J. Fox
Reflection On The Law Reforming Process, Sanford J. Fox
University of Michigan Journal of Law Reform
This paper is based on three experiences as draftsman or reporter in penal law legislation projects. The first such experience was as sole draftsman for a New Hampshire criminal code, an undertaking commenced in November 1967, which produced a proposed code in April 1969. I am continuing this activity at the present time as assistant to a committee of the New Hampshire legislature that is currently holding hearings on the proposal in preparation for reporting out a criminal code bill this spring. Since work on the New Hampshire code represents the most extensive experience, it is the basis for most …
Criminal Law Revision In California, Arthur H. Sherry
Criminal Law Revision In California, Arthur H. Sherry
University of Michigan Journal of Law Reform
The high water mark of criminal law reform in California was reached in 1872 when the legislature, after at least a decade of indifference to requests for action, adopted the Penal Code, the Civil Code and the Code of Civil Procedure.' This emergence into the company of contemporary pioneers of codification, Louisiana and New York, was a source of complacent pride, but it proved to be completely ineffective as a stimulus for continuing revision or even further codification. Renewed interest in improving and modernizing the law was not apparent until well into the twentieth century. When this interest did appear, …
Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii
Criminal Law Revision In Delaware And Hawaii, Frank B. Baldwin Iii
University of Michigan Journal of Law Reform
Criminal law revision has not been limited to the largest states, which have greater resources and legal facilities, but has also occurred in Delaware and Hawaii, states which have relatively small numbers of legal practitioners, no local school of law, and relatively small populations. In both states, criminal law revision efforts were quite similar, in that an early decision was made to rely heavily on published revised codes of other jurisdictions and on the Model Penal Code, rather than undertaking an extensive initial study and preparing a unique code. The following article will compare the criminal law revision projects in …
Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley
Resolution Of Conflicting "Other Insurance" Clauses: New Developments In Indiana, E. Alan Kirtley
Indiana Law Journal
No abstract provided.
University Of Richmond Law Review Table Of Contents
University Of Richmond Law Review Table Of Contents
University of Richmond Law Review
No abstract provided.
Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver
Indiana Variance Proceedings And The Application Of Res Judicata, Paul C. Raver
Indiana Law Journal
No abstract provided.
Conflict Of Interests And The Municipal Employee, Bernard M. Brodsky
Conflict Of Interests And The Municipal Employee, Bernard M. Brodsky
Buffalo Law Review
No abstract provided.
New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr.
New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr.
Buffalo Law Review
No abstract provided.
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Eminent Domain Date Of Valuation In Ohio, John Lombardo
Cleveland State Law Review
This article is devoted to analyzing the interpretations and applications that Ohio courts have given to the mandate of "just compensation." Particular emphasis will be given to the date of valuation of this "just compensation," and the relevance of a change in market value of the property to be taken due to activity or delay of the appropriating authority in the area of the taking prior to the date of taking.
Right To Counsel In Virginia
University of Richmond Law Review
The sixth amendment guarantees to an accused the right to assistance of counsel, and this right is extended to state prosecutions through the Due Process clause of the fourteenth amendment. The Supreme Court has interpreted this right to include steps in the proceeding before the trial itself has commenced. In United States v. Wade and Gilbert v. California the Court held post-indictment confrontations for identification purposes to be "critical stages" of the proceedings at which the accused is entitled to the presence of counsel.' Although in both cases the confrontations took place after indictment, the Court indicated that any pretrial …