Law Commons^™

Warrantless Vehicle Searches And The Fourth Amendment: The Burger Court Attacks The Exclusionary Rule, Steven D. Clymer

Cornell Law Review

No abstract provided.

Felix Frankfurter And His Times: The Reform Years, Philip B. Kurland

Cornell Law Review

No abstract provided.

A New Place Under The Sun: Prah V. Maretti And Common Law Solar Access Remedies, Theresa Barnes-Pirko

Northern Illinois University Law Review

An analysis of the changing status of common law remedies available for solar users, with particular emphasis in three areas: solar easements, watercourse law, and private nuisance. Possible legal theories for Illinois users are discussed.

Zoning For Direct Social Control, J. Gregory Richards

Duke Law Journal

No abstract provided.

Discriminatory Discipline Of Union Representatives For Breach Of Their “Higher Duty” In Illegal Strikes, Susan J. Cole

Duke Law Journal

No abstract provided.

Table Of Statutes Cited

Missouri Law Review

No abstract provided.

President’S Foreign Economic Powers After Dames & Moore V. Regan: Legislation By Acquiescence, Lee R. Marks, John C. Grabow

Cornell Law Review

No abstract provided.

Theory Of Legislative Delegation, Peter H. Aranson, Ernest Gellhorn, Glen O. Robinson

Cornell Law Review

No abstract provided.

Journal Staff

Cornell Law Review

No abstract provided.

Quis Custsodiet Ipsos Custodes?: Gubernatorial And Legislative Review Of Agency Rulemaking Under The 1981 Model Act, David S. Neslin

Washington Law Review

Legislatures frequently delegate broad rulemaking powers to administrative agencies to implement and enforce statutes. To control the use of this delegated authority, most states subject agency rulemaking to legislative or executive review. Through the use of various kinds of nonjudicial review, the states have served as innovative laboratories for the development of this concept. This Comment first outlines the history of nonjudicial review of agency rulemaking. It then describes and evaluates the gubernatorial and legislative review provisions of the 1981 Model Act. Finally, drawing upon the experiences of several states, it proposes a modification of the Act's approach to nonjudicial …

Testing The Constitutional Validity Of Land Use Regulations: Substantive Due Process As A Superior Alternative To Takings Analysis, Ross A. Macfarlane

Washington Law Review

Two clauses of the United States Constitution figure most prominently in the debate over the constitutional limits on the governmental power to regulate land. They are the just compensation clause of the fifth amendment and the due process clause of the fifth and fourteenth amendments. Neither the courts nor the commentators agree, however, on which provision to apply. Courts frequently confuse and blend the distinct concepts of: (1) taking property without payment of just compensation, and (2) depriving a person of property without due process of law. This confusion has resulted in disparate results as well as in conflicting analysis. …

Antitrust Problems In International Technology Transfers—United States V. Westinghouse Electric Corp., 648 F.2d 642 (9th Cir. 2981), Christina Marie Ager

Washington Law Review

In 1970 the Department of Justice brought an antitrust action against Westinghouse Electric Corporation and two Japanese corporations, Mitsubishi Electric Corporation (MELCO) and Mitsubishi Heavy Industries Ltd. (MHI) (together Mitsubishi). The government alleged violations of section 1 of the Sherman Act. Since 1923 the defendants or their predecessors had a series of technology-sharing agreements under which Westinghouse granted licenses of its Japanese patents to Mitsubishi. It excluded its counterpart patents in the United States and Canada from the agreements. The government contended that Mitsubishi had become so dependent on Westinghouse technology because of the technology-sharing agreements that it could not …

Fair Trial And Free Press—Washington Conditions Media Access To The Courtoom—Federated Publications, Inc. V. Swedberg, 96 Wn. 2d 13, 633 P.2d 74 (1981), Cert. Denied, 102 S. Ct. 2257 (1982), Lynne Adrienne Chafetz

Washington Law Review

During a prosecution for attempted murder, the trial judge determined that detailed reporting of the pretrial suppression hearing would jeopardize the defendant's right to a fair trial. Judge Swedberg therefore conditioned the media's attendance on their agreement to abide by the 1974 Washington State Bench-Bar-Press Guidelines. Federated Publications, publisher of the Bellingham Herald, refused to sign the agreement and refused to allow its reporters to attend solely in a nonprofessional capacity. It argued that conditioning media attendance on compliance with the Bench-Bar-Press Guidelines constituted a prior restraint and that the trial judge exceeded his power by excluding nonsigning media representatives. …

Unauthorized Practice Of Law—Limited Practice Of Law For Real Estate Closing Officers?—Hagan & Van Kamp, P.S. V. Kassler Escrow, Inc., 96 Wn. 2d 443, 635 P.2d 730 (1981), Jayanne A. Hino

Washington Law Review

In 1979, the Washington legislature enacted RCW chapter 19.62, which authorized certain laypersons to prepare documents and instruments relating to real estate transactions. The statute was passed in response to the Washington Supreme Court's decision in Washington State Bar Association v. Great Western Union Federal Savings and Loan Association. In Great Western, the court held that laypersons who received compensation for the preparation of legal documents were engaged in the unauthorized practice of law. The legislature's response, authorizing the activities prohibited in Great Western, raised questions regarding the scope of legislative and judicial power to define and regulate the practice …

Artificial Insemination And The Law, Brent J. Jensen

BYU Law Review

No abstract provided.

Let Live And Let Die: Disabled Newborns And Contemporary Law, Jeffrey A. Parness, Roger Stevenson

University of Miami Law Review

No abstract provided.

Legitimacy For The Florida Midwife: The Midwifery Practice Act, Katherine Simmons Yagerman

University of Miami Law Review

The rite of childbirth once belonged to the mother and her midwife, a companion and attendant interned in the mysteries of human birth. Modern medicine usurped that position, replacing the midwife with the professional physician. The author traces the journey of the midwife to her present status as a legitimate source of obstetrical care and examines the Florida Legislature's recent enactment of the Midwifery Practice Act.

The Need For Antitrust Legislation Tailored To The Specific Concerns Of Bank-Nonbank Director Interlocks, Dean H. Blythe

Duke Law Journal

No abstract provided.

Management Powers And Duties Under California's Community Property Laws: Recommendations For Reform, Carol S. Bruch

UC Law Journal

In 1975, California adopted a system of equal management of control of community property. Few changes were made, however, to enhance the likelihood that this theoretical equality would in fact be carried out. This Article examines the practical issues that arise under California's equal management and control provisions and recommends changes in those provisions that will ensure equality of rights and responsibilities in practice as well as in theory. Recognizing the societal interests served by the preservation of marriages and the need to prevent escalation of marital disputes, the Article also proposes remedies for spouses who wish to have property …

Application Of The Undue Burden Test To Mass Transportation: Parallel Or Pitfall, Winston Peters

UC Law Journal

Although Congress has passed several statutes mandating equal access to mass transportation for the physically handicapped, mainline transit systems for the most part remain inaccessible to this group. This Comment analyzes the legislative history of section 504 of the Rehabilitation Act of 1973 and other federal statutes enacted to guarantee equal access to mass transportation, and discusses recent cases construing these provisions. The Comment concludes that modification of mainline transit systems need not constitute an "undue burden" as defined by the United States Supreme Court in Southeastern Community College v. Davis, and that local transit authorities have an affirmative obligation …

Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K. S. Wang

UC Law Journal

No abstract provided.

The Taming Of A Duty--The Tort Liability Of Landlords, Olin L. Browder

Michigan Law Review

For one inclined to reform the first-year curriculum in law schools the most simple and comprehensive solution is to expand the treatment of the law on landlord and tenant, and only then break up into the traditional basic subjects to deal with matters not previously covered. Thereby one could embrace all the traditional first-year subjects except Criminal Law, and a good deal more as well.

The other side of this conceit is that one who approaches the modem law of landlord and tenant from traditional property perspectives encounters particular problems that arise from the margins, or along the frontal thrust, …

State Action Antitrust Immunity-A Doctrine In Search Of Definition, James C. Burling, William F. Lee, James L. Quarles Iii

BYU Law Review

No abstract provided.

Standards For The Application Of United States Antitrust Law In An International Environment, William F. Baxter

BYU Law Review

No abstract provided.

Expanded View Of Section 12(2) Liability: Junker V. Crory, Richard C. Taggart

BYU Law Review

No abstract provided.

Table Of Contents

BYU Law Review

No abstract provided.

Masthead - Issue 4

BYU Law Review

No abstract provided.

Tying Arrangements-An Update, Marcus Mattson

BYU Law Review

No abstract provided.

A Dedication Note, Leonard P. Strickman

Northern Illinois University Law Review

Brief description of the dedication ceremonies for the College of Law's move into Swen Parson Hall held March 17-19, 1983.

Arbitration As A Means Of Protecting Employees From Unjust Dismissal: A Statutory Proposal, Marvin F. Hill Jr.

Northern Illinois University Law Review

An in-depth history of the common law at-will employment doctrine in America and the various statutory, case law and arbitral limitations placed on the at-will rule leads to the author's comprehensive statutory proposal to protect employees from unjust dismissal through an arbitration process.