Law Commons^™

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …

Enforceability Of Agreements To Arbitrate: An Examination Of The Public Policy Defense, Stewart E. Sterk

Articles

This Article seeks to demonstrate that the public policy of doctrine should be, and in general has been, limited to two types of cases. First, as already discussed, an agreement to arbitrate should not be enforced when the statute or case law principle at issue has aims other than promoting justice between the parties. Second, when a party to the agreement belongs to a class peculiarly subject to imposition by the class to which the other party belongs, an agreement to arbitrate will not and should not be enforced.

In the latter class of cases, the susceptibility to imposition may …

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

This article will offer nonempirical grounds to show that instructed inferences operate as the dissenters believe, at least when the instruction does not explicitly refer to the evidence at trial, but to occurrences in general.

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …

Taming Red Lion: The First Amendment And Structural Approaches To Media Regulation, Monroe E. Price

Articles

This Article will sketch the shift in emphasis from regulation of content to regulation of structure and suggest the emerging first amendment guidelines that might influence the government, the industry and public attitudes in the next few years.

State Arts Councils: Some Items For A New Agenda, Monroe E. Price

Articles

These are no longer flush times. And one realm in which the lack of prosperity may prove harmful is the area of government support of the arts. Because the expansive middle-class patronage of the l 960's is gone, there is a hope that the government, state and federal, will play the role of Maecenas. Yet government intervention is now more cautious and more critical. The need for state support is high. Performing arts companies are in dire straits. Artists are unemployed. Nonetheless, government officials at all levels are undecided as to how to proceed. In California, for example, after months …

Indian Water Rights In Theory And Practice: Navajo Experience In The Colorado River Basin, Monroe E. Price, Gary D. Weatherford

Articles

Although Indian water rights are of critical economic importance, the nature and scope of these rights remain unclear. The Supreme Court has addressed itself to the issue infrequently, and most commentators have limited their discussions to an exegesis of the appellate arguments rather than engage in an analysis of the broader nature and context of these rights. Reservation water rights are of a very special nature: A right to water does not necessarily include a right to the capital investment necessary to realize the economic benefit of an entitlement, and limits on the uses of the water may be at …

Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt

Articles

A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.