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Articles 1711 - 1733 of 1733
Full-Text Articles in Law
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Improving Police Discretion: Rationality In Handling Public Inebriates, David Aaronson
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Preferences In Public Employment, Robert Vaughn
Preferences In Public Employment, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Pro Se Litigation - Litigating Without Counsel: Faretta Or For Worse, Ira P. Robbins, Susan Herman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke
The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke
Articles in Law Reviews & Other Academic Journals
Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …
Transnational Conveyancing, Barlow Burke
Transnational Conveyancing, Barlow Burke
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Change-Mistake Rule And Zoning In Maryland, Barlow Burke
The Change-Mistake Rule And Zoning In Maryland, Barlow Burke
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Zoning ordinances enacted under state enabling laws and home rule charters of municipalities are customarily entitled to a presumption that they were validly enacted, are within the powers delegated to the locality by the state, and are reasonable in effect. This presumption makes an exercise of the zoning power more easily defensible; one attacking the ordinance must show that it was passed incorrectly, or is beyond the scope of municipal authority, or is unreasonable, capricious or arbitrary in effect. Zoning officials have possessed this initial advantage in any litigation since the landmark decision of Village of Euclid v. Ambler …
Criminal Law Reform In The District Of Columbia, David Aaronson
Criminal Law Reform In The District Of Columbia, David Aaronson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The prospects for meaningful, comprehensive revision of the District of Columbia's substantive criminal laws have improved markedly in recent years. In the most promising of recent political developments, Congress established a Law Review Commission for the District of Columbia in August of 1974 with a broad mandate to give special consideration to revision of the criminal code.' Since jurisdiction to initiate revision of the criminal laws will pass to the District of Columbia Council in January of 1977 pursuant to the Home Rule Act, Congress has substantial incentive to give final approval to a new criminal code within two …
The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn
The Sanctions Provisions Of The Freedom Of Information Act, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The sanctions provision of the Freedom of Information Act amendments (Amendments)' provides a procedure whereby agency personnel who have withheld requested information may be subject to disciplinary action if a court, in ordering production of the documents and assessing against the United States reasonable attorneys' fees and other litigation costs, also issues a finding that a question of fact exists as to whether agency personnel acted arbitrarily or capriciously. Although the provision is relatively brief, it is potentially the most important amendment to the Freedom of Information Act (FOIA) and one of the most important congressional enactments in recent …
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
A Reconsideration Of The Fourth Amendment's Doctrine Of Search Incident To Arrest.Pdf, David Aaronson
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The doctrine of search incident to arrest provides that, as an incident to every lawful full custody arrest, law enforcement officers have an automatic right to conduct a thorough search of the arrestee and the area within his immediate control.' Although the Supreme Court has stated that the search incident to arrest exception to the fourth amendment's general requirement of a search warrant has been "settled from its first enunciation," the doctrine should be reexamined in terms of constitutional jurisprudence.
The Misunderstood Pro Se Litigant: More Than A Pawn In The Game, Ira P. Robbins
The Misunderstood Pro Se Litigant: More Than A Pawn In The Game, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Modernizing Title Search Practices By Legislation, Barlow Burke
Modernizing Title Search Practices By Legislation, Barlow Burke
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Recently the Pennsylvania Bar Association has encouraged its committees on Real Property matters to consider a variety of legislative devices to enable lawyers to search real estate titles more efficiently. The problem of efficiency in title searches is not new nor is it peculiar to Pennsylvania. Perhaps it is true that the states in the union with a colonial past have longer chains of titles to search, but the present volume of conveyancing transactions burdens the record of deeds offices in almost all large urban areas. Land title record offices there are being buried under a deluge of paper.Inefficient …
The Personal Accountability Of Public Employees, Robert Vaughn
The Personal Accountability Of Public Employees, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …
The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins
The Admissibility Of Social Science Evidence In Person-Oriented Legal Adjudication, Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
George David Horning, Jr., Anthony Morella
George David Horning, Jr., Anthony Morella
Articles in Law Reviews & Other Academic Journals
This issue of the American University Law Review is dedicated to the memory of Professor George D. Horning, Jr. by his students and colleagues who best knew his work as an inspiration teacher and a compleat lawyer.
The Freedom Of Information Act And Vaughn V. Rosen, Robert Vaughn
The Freedom Of Information Act And Vaughn V. Rosen, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
INTRODUCTION: Beginning in the summer of 1969, large numbers of law students were mobilized by Ralph Nader for intensive studies of federal agencies. These projects culminated in a number of critical reports focusing on the Federal Trade Commission, the Interstate Commerce Commission, the National Air Pollution Control Administration, and the Food and Drug Administration.' The project participants encountered the bureaucratic roadblocks which citizens commonly face in attempting to invoke the Freedom of Information Act.
Governmental Intervention In Conveyancing Reform, Barlow Burke
Governmental Intervention In Conveyancing Reform, Barlow Burke
Articles in Law Reviews & Other Academic Journals
The Faculty of the Washington College of Law, American University, and the Editorial Board of its Law Review, are indeed pleased to publish this series of articles on the improvement of land title records. Interest in this topic currently runs high, but at the same time outdistances an understanding of the issues involved. These issues are both legal and, in the broader sense, institutional. Education of both the public and the legal profession is necessary, and so the Editors have assembled this series of articles, contributed by lawyers, title insurance executives, and concerned experts, on the possibilities for future changes …
Conveyancing In The National Capitol Region: Local Reform With National Implications, Barlow Burke
Conveyancing In The National Capitol Region: Local Reform With National Implications, Barlow Burke
Articles in Law Reviews & Other Academic Journals
Our population is mobile, shifting, and accustomed to swift extensions of credit and speedy completion of transactions. Consequently, it comes as a shock to many entering into their first house purchase that cumbersome and lengthy procedures extend the executory period, incur mystifying expenses, and lack consumer rationale. Homilies of the conveyancing bar to the effect that each parcel of land is unique or that every settlement is a time-consuming process will not long stand in the face of consumer unrest. Nor is future reform likely to be thwarted by either the cries of scholars for more fact gathering and study, …
State Air Pollution Control Boards, Robert Vaughn
State Air Pollution Control Boards, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
Introduction: By its nature the air pollution problem presents a suitable framework for an analysis of the concept of interest." Air pollution is a complex social and political problem as well as a complex scientific and technological one. This article will attempt to determine if the concept of interest is a concept through which satisfactory solutions to complex problems maybe derived. It is around the concept of interest that many of our legal institutions are created. In addition, interest and combination of interests are used to explain and predict social change. Lawyers often see their role solely as the representatives …
Creating A Community Process Of Land Development For Urban Growth, Barlow Burke
Creating A Community Process Of Land Development For Urban Growth, Barlow Burke
Articles in Law Reviews & Other Academic Journals
Three centuries before Christ, Aristotle postulated that an essential element of a stable democracy is the presence of a landholding middle class-a group of citizens having an intrinsic interest in the effective functioning of the state. He perceived that a home is more than just shelter; it provides the individual with an interest in the success of the commonwealth. This theory takes on special importance today as the press of urban living presents a serious challenge to the ability of our present system to provide adequate living conditions for our citizenry.At present, our population is 205 million; it will double …
Redrafting Municipal Housing Codes, Barlow Burke
Redrafting Municipal Housing Codes, Barlow Burke
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Threat To Citizen Participation In Model Cities, Barlow Burke
The Threat To Citizen Participation In Model Cities, Barlow Burke
Articles in Law Reviews & Other Academic Journals
Citizen participation has been advocated as an essential feature of urban antipoverty programs. Ideally, such participation can serve both individual and societal goals. It can provide self-realization and develop personal competence in participants. It can also promote substantively better decisions for government, integrate alienated groups into the governmental process, make government more visible, and gain consent and confidence for a program from the citizenry.All too often, however, bureaucracy has retained a great deal of control over the participatory aspects of governmental programs. The resultant overregulation has stifled the potentially creative role that citizens might have played and destroyed program credibility. …
A Compleat Lawyer, Anthony Morella
A Compleat Lawyer, Anthony Morella
Articles in Law Reviews & Other Academic Journals
George D. Horning, Jr., Professor Emeritus of The Washington College of Law of The American University, is the compleat lawyer.
Toward A Right Of Control Over The City Planning Process, Barlow Burke
Toward A Right Of Control Over The City Planning Process, Barlow Burke
Articles in Law Reviews & Other Academic Journals
No abstract provided.