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Articles 1 - 10 of 10
Full-Text Articles in Law
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart
Faculty Scholarship
During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …
Principled Decision-Making And The Supreme Court, Martin P. Golding
Principled Decision-Making And The Supreme Court, Martin P. Golding
Faculty Scholarship
No abstract provided.
The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne
Faculty Scholarship
No abstract provided.
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern
Faculty Scholarship
Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …
American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii
American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii
Faculty Scholarship
No abstract provided.
Book Review, William W. Van Alstyne
Book Review, William W. Van Alstyne
Faculty Scholarship
This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.
Procedural Due Process And State University Students, William W. Van Alstyne
Procedural Due Process And State University Students, William W. Van Alstyne
Faculty Scholarship
This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.
Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne
Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne
Faculty Scholarship
Ten years ago, the New York Times, in a survey of political censorship on major university campuses, concluded that: "a subtle, creeping paralysis of freedom of thought and speech is attacking college campuses . . . limiting both students and faculty in the area traditionally reserved for the free exploration of knowledge and truth."
Contracts (1963), Frederick M. Hart
Contracts (1963), Frederick M. Hart
Faculty Scholarship
§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensive comment. This conclusion probably reflects an approval of the manner in which the Supreme .Judicial Court handled the many issues presented by litigants. In reviewing a year's judicial production, it is easier to get excited about a decision that one disapproves. One trend is worthy of note. From the cases discussed in this and other chapters, it is apparent that the Court is becoming more sophisticated in its understanding and use of the Uniform Commercial Code.
Collateral Estoppel And Foreign Judgments, Paul D. Carrington
Collateral Estoppel And Foreign Judgments, Paul D. Carrington
Faculty Scholarship
No abstract provided.