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Articles 1 - 11 of 11
Full-Text Articles in Law
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
"The Right Of The People": Reconciling Collective And Individual Interests Under The Fourth Amendment, Donald L. Doernberg
Elisabeth Haub School of Law Faculty Publications
Professor Doernberg examines a tension within fourth amendment jurisprudence and sugqests a means of resolving it. On the one hand, the Supreme Court has conferred fourth amendment standing only upon those whose personal privacy interests have been disturbed. On the other hand, the Court has allowed such persons to invoke the exclusionary rule only in circumstances where, in the Court's view, it would serve as an effective deterrent. Professor Doernberg traces these two po1icies to different conceptions of the fourth amendment: the first interprets the amendment as a guarantor of individual rights; the second construes it as an instrument for …
Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman
Family Choice: An Idea Whose Time Has Come And Gone?, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The heart of the criticism of the existing educational system is the feeling that public schools no longer meet the needs of society, educational bureaucracies account to no one, parents have little say or choice in the educational options for their children, there is little diversity in public schools, and the public school establishment has resisted any attempts at reform or distributing data that could be used to challenge the present system.
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Toward A Common Law For Undercover Investigations - A Book Review Of Abscam Ethics: Moral Issues And Deception In Law Enforcement, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman
Review Of "The Limits Of Law Enforcement" By Hans Zeisel, Bennett L. Gershman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman
Review Of "Educational Policymaking And The Courts: An Empirical Study Of Judicial Activism" By Michael A. Rebell And Arthur R. Block, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
The Common-Law Conception Of Leasing: Mitigation, Habitability, And Dependence Of Covenants, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
Property law may be the most eternal of secular law. Its basic precepts and conceptions are largely stable and long settled. An aspect of property law undergoing notable change, however, is the law of landlord and tenant. The most important recent change in landlord-tenant law involves the reversal of responsibility for the quality of leased premises. In place of the tenant's traditional burden of caveat emptor and duty of repair, many courts now recognize an implied warranty of habitability, at least for residential tenancies. These same courts typically reject the traditional doctrine that mutual obligations in leases are "independent," that …
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Defending Superfund And Rcra Imminent Hazard Cases, Jeffrey G. Miller
Elisabeth Haub School of Law Faculty Publications
Early development of a strategy involves a thorough knowledge of the facts of the case, a knowledge of possible legal defenses, and an ability to predict governmental concerns and actions. Since the facts will differ from case to case, no single strategy can be recommended although a number are suggested. The following discussion of possible legal defenses is by no means exhaustive. The government's announced intentions and attitudes are examined, together with some of the relevant forces at work on and in the government. From considering the facts, possible defenses, are probable government reactions, strategies can be developed and tactics …
Review Of Land Use Conflicts: Organizational Design And Resource Management; Environmental Impact Review And Housing: Process Lessons From The California Experience; Creative Land Development: Bridge To The Future; And Toward Eden, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen
The Public And Private Law Dimensions Of The Uffi Problem: Part I, David S. Cohen
Elisabeth Haub School of Law Faculty Publications
The subject of this paper, then, is the private and public law dimensions of the formaldehyde problem. The topics which I have chosen to discuss are directly relevant to any inquiry into the nature of the bureaucratic and entrepreneurial processes which together created the UFFI problem. My concern is not to fix blame, and I have chosen not to draw conclusions in respect of the doctrinal and policy issues which I discuss. Rather, I have attempted to describe the regulatory process which was associated with the development of the product, and to discuss the role of the courts in reviewing …
Review Of Managing The Recruitment Process, Gary A. Munneke
Review Of Managing The Recruitment Process, Gary A. Munneke
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Protecting The Public Fisc: Fighting Accrual Abuse With Section 446 Discretion, Karl S. Coplan
Protecting The Public Fisc: Fighting Accrual Abuse With Section 446 Discretion, Karl S. Coplan
Elisabeth Haub School of Law Faculty Publications
This Note suggests an approach under the current Code and current legal doctrine that would enable the Commissioner to disallow accrual accounting when manipulated to avoid taxation. At the outset, the Note defines and illustrates tax avoidance through accounting manipulation. The Note then considers within the framework of judicial review of agency action the source and nature of the Commissioner's discretion to reject accounting methods. This analysis demonstrates the validity of the Commissioner's action whenever it is based on legally relevant factors. The Note then develops the emerging content of the “clearly reflect income” language as the source of the …