Law Commons^™

The Runaways, Richard David Young

IUSTITIA

At the present stage of development, the varied literature on runaway children and adolescents provides little basis for firm conclusions. The apparent heterogeneity of runaways has yet to be fully realized in conceptual or research attempts, although efforts in that direction are beginning. There appears to be little utility or meaning in assigning runaway behavior solely to categories of delinquency or psychopathology. Such efforts have done little to clarify the meaning of running away or to define the important environmental factors and personality features involved in running away. To some extent their greatest impact has been on the restriction of …

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 …

Robert M. O'Neil's Discriminating Against Discrimination: A Review, Karen Ruse Strueh

IUSTITIA

It is difficult these days to find anyone who will deny that racial minorities have been discriminated against in the area of educational opportunities. Few will deny the desirability of enhancing these opportunities and increasing the number of minority persons in the various professions. But very few will agree on the means that are appropriate to accomplish this desirable end. Robert O'Neil has tackled the awesome task of pinpointing and evaluating the policy considerations that affect the tough choices involved in formulating standards for admissions to professional school programs that will promote academic quality but at the same time allow …

Synopses Of Books Received

IUSTITIA

Synopses Of Books Received

Author Index

IUSTITIA

Author Index

Title Index

IUSTITIA

Title Index

Subject Index

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Subject Index

Changing Attitudes Toward Euthanasia, Alice V. Mehling

IUSTITIA

Death is a very individual matter which does not readily lend itself to collective decision. Medical ethicists frequently conclude that to allow a person to die from malice is more reprehensible than to help a person to die from mercy. The most striking change which is taking place in consideration of the problem is recognition of the need to reinforce the patient's right to decide on the course of medical treatment.

A New York Times editorial of February 3, 1903 condemned the practice of active euthanasia by comparing it to "practices of savages in all parts of the world". Seventy …

The Street Perspective: A Conversation With The Police, Patrick L. Baude

IUSTITIA

Professor Baude's purpose in this discussion is to elicit police officers' comments on what members of the legal profession ought to know about the influence of the "street perspective" in shaping those officers' attitudes towards the criminal justice system and the role they play in it. It is police insistence on the broad validity of insights which only "the street" can provide that accounts for the considerable gulf between "front-line" enforcement officers and other functionaries in (and students of) that system. Law students (and no doubt lawyers) seem uncomfortable with the notion that our system cannot adequately be understood without …

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.' …

The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda

IUSTITIA

In this paper I have two main purposes: (i) to outline the most general structure of morality, which is the fundamental schema of a good society, and (ii) to indict most of the mainstream views in the history of moral philosophy for their unchecked tendency toward reductionism and oversimplification. The tendency to oversimplification appears both in the gathering of the data for philosophical theorizing and in the theorizing itself. I will also point out another major recurring error in moral philosophy. I envision the day when moral philosophers, after examining their ontological and their methodological assumptions, rally to the banner …

Sanctions And Deviance: Another Look, Herbert Kritzer

IUSTITIA

In the past several years, there has been an extended dialogue in the literature concerning the question of the efficacy of sanctions as a means of deterring criminal behavior. There is some convincing evidence that threatened sanctions can and do deter some forms of behavior, such as parking violations and income tax evasion. Do these findings extend to other forms of behavior which our society has defined as criminal? This issue is considered by Gibbs in an article which appeared to find a clear link between the certainty and severity of sanctions and the murder rate. Gibbs' article stimulated additional …

A Review: The Interaction Of Law And Religion, Frona Powell

IUSTITIA

In 1971 at Boston University, Harold J. Berman, Story Professor of Law at Harvard Law School, delivered four lectures in the series of Lowell Lectures on Theology. This book is comprised of those lectures with an introduction, postscript, and annotations. One would hope that Berman's analysis of the interaction of law and religion would provide insight into an area which is often neglected by modern jurisprudents. Unfortunately, it does not.

Those who are members of the legal profession as well as those who are not, are aware of the fact that the legal system does not always function properly. In …

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 …

The Abused Child And His Parents, Richard David Young

IUSTITIA

Children in our society pass through a prolonged period of dependency during which they are taught the complex technological and social skills necessary for successful adult functioning. The child's experiences during this period can have profound effects on the development of his potential for meaningful interpersonal relationships, competency, and creativity. The child's dependence needs are the complement of the caretaker's nurturance. When nurturance fails or is inconsistent, societal loss merges with individual tragedy. Yet nurturance does occasionally fail. Some of those charged with the care of children abdicate their responsibilities, and do not provide the physical and/or emotional necessities for …

Informed Consent And Medical Experimentation, George H. Martin Jr.

IUSTITIA

Certain biomedical technologies already or almost already with us "threaten to reduce the meaning of man and to degrade the human spirit in the very process of becoming technologically feasible, long before the final stage of deployment and widespread use has been reached." It is this threat that has prompted me to consider certain medical and legal problems associated broadly with the human experimentation process. I shall be examining the concept of "informed consent" to both experimental medical therapy and nontherapeutic scientific experimentation as a means of protecting man from the potential ravages of a zealous application of scientific advances …

Law, Morality And The Judge: Robert M. Cover's Justice Accused, Raymond L. Faust

IUSTITIA

The intellectual world of the nineteenth century judge was one in which the two main concerns relevant to our topic here were what the judge's role ought to be in the evolution of law in a democratic society, and whether a recognition and application of 'natural law' was ever appropriate to a legal system. Professor Cover reviews exhaustively the eighteenth and nineteenth century sources from which American judges drew their ideas on these subjects, and studies practically all of the antebellum slavery litigation to discover how judges actually applied these doctrines in the context of slavery cases. What he comes …

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. …