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Articles 1 - 19 of 19
Full-Text Articles in Law
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Race And Sentencing Equality In Kentucky, Robert L. Hurley
Masters Theses & Specialist Projects
Disparity in sentencing felons based on racial considerations has long has been considered a problem for civil libertarians and scholars alike. Examining data gathered in Kentucky, this thesis addresses this issue through the application of recently developed methodological techniques. Utilizing an index of sentencing equality, this study shows that while differences do exist in black and white offender offense characteristics, these differences do not account for the variations in sentences rendered in cases of white as opposed to black felons. This exploratory research reviews and critiques previous research and provides evidence which should prove useful in resolving the problem of …
United States V. Apfelbaum, Lewis F. Powell Jr.
United States V. Apfelbaum, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Roberts V. United States, Lewis F. Powell Jr.
Roberts V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rush V. Savchuk, Lewis F. Powell Jr.
Carlson V. Green, Lewis F. Powell Jr.
United States Parole Commission V. Geraghty, Lewis F. Powell Jr.
United States Parole Commission V. Geraghty, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
The Role Of Appellate Court In Mandatory Sentencing Schemes, Larry I. Palmer
Faculty Publications
No abstract provided.
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Service Of Process In Virginia, William Hamilton Bryson
Service Of Process In Virginia, William Hamilton Bryson
Law Faculty Publications
Initial process is an official summons to a person requiring him to appear in court and defend himself or suffer default judgment. The purpose of the summons is notification to the defendant.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins
Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins
Publications
No abstract provided.
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Presidential Power And Administrative Rulemaking, Harold H. Bruff
Publications
No abstract provided.
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Civil Liberties: Desegregation, Prisoners' Rights And Employment Discrimination In The Seventh Circuit, Patrick Baude, Julia C. Lamber
Articles by Maurer Faculty
No abstract provided.
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Comparative Negligence Versus The Constitutional Guarantee Of Equal Protection: A Hypothetical Judicial Decision, Daniel O. Conkle, Claude R. Sowle
Articles by Maurer Faculty
No abstract provided.
Adjudication As A Private Good: A Comment, Paul D. Carrington
Adjudication As A Private Good: A Comment, Paul D. Carrington
Faculty Scholarship
Comment on William M. Landes & Richard A. Posner, Adjudication as a Private Good, 8 J. Legal Stud. 235 (1979).
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Civil Litigation And Jura Novit Curia, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White
Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White
Articles
Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …
A Defense Of The Exclusionary Rule, Yale Kamisar
A Defense Of The Exclusionary Rule, Yale Kamisar
Articles
The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …