Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 3 of 3

Full-Text Articles in Law

A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington Sep 1976

A Commerce Power Seesaw: Balancing National League Of Cities, J. Ralph Beaird, C. Ronald Ellington

Scholarly Works

This Article seeks to explore the developing principles of state sovereignty limitations on Congress’ exercise of its granted powers and the potential conflicts in reconciling the enforcement of strong federal policy interests with the allowance to the states of primary control over certain governmental functions. Since both tenth and eleventh amendment questions were raised by the application of the Fair Labor Standards Act’s ever broadening coverage to state employees and its grant of federal court jurisdiction over enforcement suits, and since the Act precipitated the League of Cities decision, the Court’s treatment of the Act will serve as the primary …


"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr. Sep 1976

"A Most Deplorable Paradox": Admitting Illegally Obtained Evidence In Georgia--Past, Present, And Future, Donald E. Wilkes Jr.

Scholarly Works

This Article explores the admissibility of illegally obtained evidence in Georgia criminal cases prior to 1961 and during the post-Mapp era and endeavors to assess the future admissibility of illegally seized evidence in Georgia under both federal and state law.


Remembering Recall In Local Government Law, R. Perry Sentell Jr. Jul 1976

Remembering Recall In Local Government Law, R. Perry Sentell Jr.

Scholarly Works

Inherent in a system of representative government is the thesis that if those who "represent" do not fulfill the promise or expectation, those who are "represented" must possess the leverage of a remedy. The most obvious of such remedies, of course, is resort to the ballot box at the conclusion of the representative's term of office. The extent to which more drastic remedies are desirable is a provokinig point of perplexity, for few have yet satisfactorily resolved the conundrum of how much pure democracy stability in government can accommodate. The procedure of recall is undeniably one of the more drastic …