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Series

Faculty Scholarship

1984

Discipline
Institution
Keyword

Articles 1 - 30 of 90

Full-Text Articles in Law

The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora Nov 1984

The Government's Enforcement Of Draft Registration: Prosecution Or Persecution?, Joel Gora

Faculty Scholarship

No abstract provided.


Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan Jul 1984

Query: Should Users Of The Legal System Pay For Legal Education, J. Thomas Sullivan

Faculty Scholarship

No abstract provided.


Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg Feb 1984

Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.


Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen Jan 1984

Miranda Revisited: Broadening The Right To Counsel During Custodial Interrogation--Commonwealth V. Sherman, Beth Cohen

Faculty Scholarship

The judicially created Miranda protections require law enforcement officials to inform criminal suspects of their right to counsel prior to proceeding with custodial interrogation. In Commonwealth v. Sherman, the Supreme Judicial Court of Massachusetts considered whether a criminal defendant validly waived his right to counsel when a police officer failed to inform him that an attorney, appointed to represent him in an unrelated case, had requested to be present during his interrogation. Concluding that, under the peculiar circumstances of the case, the defendant did not voluntarily waive his right to counsel, the court suppressed the defendant's in-custody statements to ...


Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen Jan 1984

Union Must Provide Attorney Representation Without Regard To Union Membership--National Treasury Employees Union V. Federal Labor Relations Authority, Beth Cohen

Faculty Scholarship

The Federal Service Labor-Management Relations Statute sets forth union guidelines for collective bargaining representation in the federal sector. A labor organization with recognized exclusivity is responsible for the non-discriminatory representation of all bargaining unit employees without regard to union membership. In National Treasury Employees Union v. Federal Labor Relations Authority, a case of first impression, the court considered whether a federal employees union may, in accordance with statutory obligations, consider union membership in determining the type of representation it provides to individual employees. The court held that by denying non-union members attorney representation and substituting representation by a shop steward ...


Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal Jan 1984

Recovery Of Basis In Non-Qualifying Stock Redemptions Under Sections 302 And 304, Frederick D. Royal

Faculty Scholarship

This Article reviews the redemption provisions of both section 302 and section 304 of the Internal Revenue Code. It discusses the existing rules for basis recovery in dividend equivalent redemptions, and highlights the situations where the recovery of the basis of the stock redeemed becomes a problem. A number of cases, revenue rulings, and hypothetical illustrations where the basis recovery of redeemed stock has created or potentially could create a problem are examined. The Article also analyzes the tax policies which may influence the structure of a basis recovery procedure in dividend equivalent redemptions, and suggests the recovery method which ...


Preliminary Injunctions: The Varying Standards, Arthur D. Wolf Jan 1984

Preliminary Injunctions: The Varying Standards, Arthur D. Wolf

Faculty Scholarship

The Author undertakes a survey in this Article which shows that the Supreme Court and the courts of appeals have not articulated or applied consistent criteria for preliminary injunctive relief. Their decisions have described a sinuous path through primary standards, alternative tests, and sliding scale variations. Part of the difficulty may be because the Supreme Court has not taken a firm hand in resolving conflicts between and among the circuits on critical issues involving interlocutory injunctions. In addition while the courts of appeals make reference to each others' opinions, they have not demonstrated a desire to achieve uniformity in their ...


Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon Jan 1984

Lawyers, Politics, And The "Lawyers' Interest": An Historical Inquiry, James W. Gordon

Faculty Scholarship

The assumption that the occupational identification of "lawyer" is the salient feature in evaluating political motivation is interesting, if questionable, according to the Author. Does occupational identity overwhelm other identities? Are politically active lawyers really a homogeneous group? Are they less affected by competing identities associated with wealth, geography, familial and constituency concerns, political ideology, party considerations, or any of the myriad other sources of public and private motivation of behavior? Surely the hypothesis that politically active lawyers behave differently from nonlawyers is worth investigating. This Article offers some preliminary responses to these questions posed, which are grounded in empirical ...


The Separation Of Powers Under Carter, Peter E. Quint Jan 1984

The Separation Of Powers Under Carter, Peter E. Quint

Faculty Scholarship

No abstract provided.


Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson Jan 1984

Use Of The Freedom Of Information Act For Discovery Purposes, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.


Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks Jan 1984

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Faculty Scholarship

No abstract provided.


High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power Jan 1984

High Society: The Building Height Limitation On Baltimore's Mt. Vernon Place, Garrett Power

Faculty Scholarship

The "Anti Skyscraper" Law of 1904 is often described as Maryland's first zoning law and one of the first zoning laws in the United States. But there is more. Behind this dusty statute is a story of speculation, selfishness, collusion and changing social values, which takes a century and a half to unfold and which has something to say about the role of government in regulating the use of land.


Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy Jan 1984

Grove City College V. Bell: Touchdown Or Touchback?, Karen Czapanskiy

Faculty Scholarship

No abstract provided.


Ratification Of The Fourteenth Amendment In North Carolina, James E. Bond Jan 1984

Ratification Of The Fourteenth Amendment In North Carolina, James E. Bond

Faculty Scholarship

The present article focuses on the ratification debate in North Carolina. That debate is instructive for several reasons. In the first place, the legislature considered the amendment on two separate occasions. In December 1866, the legislature overwhelmingly rejected it. Little more than eighteen months later, a new legislature overwhelmingly endorsed it. Second, North Carolinians fought several political battles between 1866 and 1868, and in those battles they often debated the meaning of the fourteenth amendment. Third, North Carolinians adopted a new constitution in 1868 and thereafter enacted reform legislation, much of which reflected their understanding of the concepts embodied in ...


The Statutory Community Property Agreement As A Will Substitute On The Death Of The Second Spouse, William Oltman, Mark Reutlinger Jan 1984

The Statutory Community Property Agreement As A Will Substitute On The Death Of The Second Spouse, William Oltman, Mark Reutlinger

Faculty Scholarship

This article reviews an amendment to the statutory community property agreement. It outlines intricacies of the statute, and includes in its discussion many noteworthy cases.


Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton Jan 1984

Constitutional Limits On Nationwide Personal Jurisdiction In The Federal Courts, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus Jan 1984

Conflicts Among Circuits And Transfers Within The Federal Judicial System, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Grading The Judge, William W. Schwarzer Jan 1984

Grading The Judge, William W. Schwarzer

Faculty Scholarship

No abstract provided.


Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince Jan 1984

Perfecting The Third Party Beneficiary Standing Rule Under Section 302 Of The Restatement (Second) Of Contracts, H.G. Prince

Faculty Scholarship

No abstract provided.


Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall Jan 1984

Roger Traynor: Teacher, Jurist, And Friend, James R. Mccall

Faculty Scholarship

No abstract provided.


Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine Jan 1984

Preliminary Procedural Protection For The Press From Jurisdiction In Distant Forums After Calder And Keeton, David I. Levine

Faculty Scholarship

No abstract provided.


Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell Jan 1984

Rethinking Exclusion–The Rights Of Cuban Refugees Facing Indefinite Detention In The United States, Richard A. Boswell

Faculty Scholarship

No abstract provided.


The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus Jan 1984

The Tudor Treason Trials: Some Observations On The Emergence Of Forensic Themes, Richard L. Marcus

Faculty Scholarship

No abstract provided.


Resolving The Paradox Of The Innocent Construction Rule, David Larson Jan 1984

Resolving The Paradox Of The Innocent Construction Rule, David Larson

Faculty Scholarship

The application of the innocent construction rule in defamation cases has led to illogical and questionable holdings. This article will explain the nature of that rule and illustrate its use by focusing on cases arising in Illinois. It will review the recent case of Chapski v. Copley Press, where the Illinois Supreme Court rejected the innocent construction rule, and raise the possibility that additional reform may be necessary in Illinois. Finally, other jurisdictions relying upon similar rules of interpretation will be identified and discussed.


The Depublication Practice Of The California Supreme Court, Joseph R. Grodin Jan 1984

The Depublication Practice Of The California Supreme Court, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp Jan 1984

Law As An Instrument Of Educational Policy-Making, David Jung, David L. Kirp

Faculty Scholarship

No abstract provided.


From The Editor: On Professional Literature, Richard A. Danner Jan 1984

From The Editor: On Professional Literature, Richard A. Danner

Faculty Scholarship

No abstract provided.


Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George Jan 1984

Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George

Faculty Scholarship

Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and several ...


Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond Jan 1984

Dillon V. Legg Revisited: Toward A Unified Theory Of Compensating Bystanders And Relatives For Intangible Injuries, John L. Diamond

Faculty Scholarship

No abstract provided.


Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz Jan 1984

Recent Developments In Tax-Exempt Organizations, William T. Hutton, Stephen Schwarz

Faculty Scholarship

No abstract provided.