Law Commons^™

The Webb-Pomerene Act At Home And Abroad, Richard A. Sloan

IUSTITIA

For the most prolonged period of time in recent history, American corporations have been experiencing difficulties in dealing with foreign economic competition. Consequently, there has been a growing interest in finding ways to enhance the marketing strength of American firms competing with foreign firms in foreign markets. This is not the first time concern with American firms' competitive strength has been articulated; the Webb- Pomerene Act of 1918 was an attempt by Congress to vitalize American exporting firms. Since 1918, the Webb-Pomerene Act has been the subject of disagreement as to its usefulness and effectiveness in achieving its stated goal. …

The Cost Of Environmental Protection: A Review, Ian T. Ball

IUSTITIA

Dan Richardson's study is "an attempt to analyze present regulatory procedures in the New Jersey coastal zone, with an emphasis on the cost of these procedures to residential developers and housing consumers." Specifically, twenty-one residential developments in a coastal township were monitored from acquisition of land to final approval of the development proposal, and the costs of regulatory approvals, consulting engineering, legal, and governmental fees, as well as holding costs incurred by the developer, were itemized. The costs of the regulatory process were then broken down according to costs incurred during the local regulatory process and those costs resulting from …

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the …

Pesticide Regulation And The Farm Worker, R. Craig Loveless

IUSTITIA

It has long been recognized that many pesticide products offer a potential hazard, which if unregulated, may result in injury or death. The development of highly toxic pesticides during the last decade has created a need for stricter regulation of pesticide use in the agricultural community. Specifically, the farm worker of today is in need of legislative protection from exposure to deadly chemical agents now being used to control pests and disease in the fields and orchards. Regulating the handling and use of these dangerous pesticides is but one way to protect the farmer, the farm worker, and the environment. …

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

New Incentives For Middle Class Philanthropy: Radical Funding For The Public Good, Samuel M. Loescher

IUSTITIA

The recent expansions in membership and budget of the American Civil Liberties Union and, even more dramatically, the explosive funding by mail of newly-founded Common Cause and Public Citizen, all suggest the presence of evolutionary forces at work in the American political economy that are encouraging a renewal of middle class associations to monitor powerful institutions and to advocate in behalf of the relatively powerless.

The rash of whistle-blowing disclosures of citizen professionals which have alerted us to the multi-billion dollar wastage on C-5As and attack carriers, the existence of My-Lais, the military assemblage of dossiers on 30 million civilians, …

Private Markets And Social Control, Lloyd D. Orr

IUSTITIA

The continuing failure of society to deal adequately with its problems has led to criticism that goes beyond the imperfections of a fundamentally sound social organization. Individual economic incentive and private markets, the basics of our economic organization, are condemned as inherently destructive of desirable social goals. It may be that such criticism is naive with respect to the basic history of economic organization and the prospects for meaningful alternatives. It also may be that the "solutions" offered are frequently more authoritarian than the critics allege the present system to be. We are still left to ponder the vital, long-standing, …

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

How Citizens Can Use The Initiative Power, Robert L. Scott

IUSTITIA

The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

The Closing Circle: A Review Of Barry Commoner's Book, Robert L. Scott

IUSTITIA

Commoner's book provides an opportunity to review the problems of pollution and their causes in the social, political, and economic fabric of our society. This review also provides an opportunity to compare and contrast natural and social laws. From this examination of the problem of pollution and the interface between natural and social law emerge certain ideological concerns confronting Americans as a people.

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …

The Kenyan Constitution And The Question Of Succession: The Influence Of A Strong Leader, Barbara Kelley

IUSTITIA

Mzee Jomo Kenyatta, President of the Republic of Kenya, is over eighty years of age. The prospect of the people of Kenya having to select a successor to President Kenyatta raises fundamental questions regarding the status of Kenya's constitution in terms of its having assumed, in the minds of Kenyans, the aura of legitimacy to the extent that they will accept its mandate as the supreme law. This paper will be an attempt to analyze, first, the process of legitimization of the Kenya constitution, specifically in regard to the provisions for succession to the presidency; and secondly, to ascertain what, …