Law Commons^™

Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson

Scholarly Articles

The purpose of this Project is to chart recent developments in public accommodations law, including the expansion of access rights to places not previously regarded as public, the proscription of discrimination against groups other than racial minorities, and the increasing role of the state civil rights commissions in enforcing discrimination law. This survey provides a basis for assessing the adequacy of existing remedies and suggests changes in state and federal law. The Project conducts a mechanical examination of the statutes on the books. It does not discuss how those laws came into existence or the actual workings of the agencies …

Realty Shelters: Nonrecourse Financing, Tax Reform And Profit Purpose, Donald J. Weidner

Scholarly Publications

The Tax Reform Act of 1976 made sweeping changes in the area of tax shelters. Real estate tax shelters are the only ones to survive with any semblance of their former vitality. Two rules were introduced to prevent investors from claiming tax losses in excess of amounts they place “at risk,” and neither rule considers a nonrecourse liability an amount “at risk.” The first applies to four specific tax shelters, not including real estate, and the second is a catchall that applies to all partnerships other than real estate partnerships. Thus, it is only in the real estate area that …

Child, Family And State: Problems And Materials On Childrenand The Law, Henry Mcgee

Faculty Articles

Professor McGee reviews THE ANTITRUST PARADOX: A POLICY AT WAR WITH ITSELF, by Robert H. Bork. Professor McGee argues that it would be easy to balance the allocative efficiency and the productive efficiency effects of various transactions if we could generate information for the economic models as easily as it is done in the model of perfect competition-simply by assuming it. Since information is costly in the real world, however, we must develop proxies or general rules, formed with the guidance of economic analysis, that seem likely to produce more good than harm as the law is applied to various …

Homestead Legislation In California, Charles Adams

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …

Note, Board Of Education, Levittown Union Free School District V. Nyquist: A Return To Federal Equal Protection In School Financing Cases, Dennis Bires

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Book Review. Federal Information Sources And Systems: A Directory For The Congress, Colleen Kristl Pauwels

Articles by Maurer Faculty

No abstract provided.

Biorhythms And Law School Performance, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Publications

No abstract provided.

Anti-Satellite Weapons And The Outer Space Treaty Of 1967, Rex Zedalis, Catherine Wade

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

Journal Articles

The Christian school movement is the logical outgrowth of the dissatisfaction of some parents, particularly some fundamentalist Baptists, with what they regard as excessive secularism in the public schools. The controversy has already produced some definitive litigation, but much remains unsettled. On the one hand, public authorities contend the public school is truly neutral toward religion. Compulsory attendance laws and other regulations by the state of private education are seen as legitimate measures, pursuant to the police power, to achieve a minimal level of intellectual and civic competence among the young. On the other hand, objecting parents and pastors regard …

Tax Avoidance, Alan Gunn

Journal Articles

Professor Gunn explores the merits of “tax avoidance” approaches in dealing with cases involving unpaid taxes. He describes definitions of the term and also illustrates some alternatives to the tax avoidance approach. Looking at how tax avoidance is dealt with in laws and in judicial decisions Gunn notes that lawmakers should not attempt to formulate authoritative rules on preventing it. This is because taxpayers have a well-known desire to reduce their taxes, and will find ways to get around laws. Authoritative and too well defined rules ignore what taxpayers might do in response to them. Professor Gunn concludes by arguing …

Civil Rights And Legal Order: The Work Of A. Leon Higginbotham, Jr., Donald P. Kommers, Eugenia S. Schwartz

Journal Articles

On October 11-12, 1978, Judge A. Leon Higginbotham, Jr.' delivered the Notre Dame Law School's Seventh Annual Civil Rights Lecture under the general title, "From Thomas Jefferson to Bakke: Race and the American Legal Process." It seems to us appropriate, therefore, on the occasion of the Higginbotham lecture, to consider his work as both historian and judge. Specifically, this article will serve the threefold purpose of (1) reviewing Matter of Color, (2) illustrating the author's use of history in two judicial opinions dealing with the rights of black Americans, and (3) reflecting upon the implications of Higginbotham's work in legal …

Douglas V. Willcuts Today: The Income Tax Problems Of Using Alimony Trusts, Alan Gunn

Journal Articles

Using a trust to satisfy a husband's' obligation to support his wife after divorce can be an appealing option. However, a trust in connection with divorce generates taxation problems, such as whether the husband or the wife should be taxed for trust income. Three fundamental questions arise from this problem: (1) Should a wife who receives trust payments meeting the requirements of section 71 be taxed in full on those payments, or taxed only on payments characterized as distributions of trust income under the trust conduit rules? (2) Should the husband or the wife be taxed on the income of …

Post Hoc Evaluations Of Obviousness: Preliminary Report Of An Attempt To Identify, Empirically, The Characteristics Of A Superior Evaluator, Juanita V. Field, Thomas G. Field Jr.

Law Faculty Scholarship

Over a century and a quarter have passed since the Supreme Court in Hotchkiss v. Greenwood held that more than mere novelty is necessary to support a valid patent. Congress, after 100 years of experience with a concept which came to be called "invention," attempted to improve the situation by requiring that an invention not be "obvious" if it is to be patented. It seems safe to say that in the intervening time the doctrine of non-obviousness has not developed into a foolproof yardstick for measuring the quality of cerebral or other effort necessary to make an advance over the …

The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney

Faculty Publications

Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …

Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne

Faculty Publications

From time to time, various state legislatures have adopted resolutions designed to require Congress to call a limited convention in which one or another possible amendments to the Constitution might be proposed. In 1967, thirty-two states, two short of the requisite two-thirds filed such resolutions requesting a convention for the purpose of considering an amendment to "overrule" the Supreme Court's principal reapportionment decisions. In 1971, Senator Ervin of North Carolina introduced a bill to provide guidelines to be followed upon a state call for a convention. This year, approximately twenty-eight states have adopted some kind of resolution for the purpose …

The Proposed Revised Federal Criminal Code: Conspiracy Provisions, Paul Marcus

Faculty Publications

No abstract provided.

Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson

Faculty Publications

No abstract provided.

The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson

Faculty Publications

No abstract provided.

Federalism, State Prison Reform, And Evolving Standards Of Human Decency: On Guessing, Stressing, And Redressing Constitutional Rights, Ira P. Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Book Review. Right To Counsel In Criminal Cases By Sheldon Krantz, Et. Al., Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

Review Of "The Desk Book Of Art Law" And "Law, Ethics, And The Visual Arts: Cases And Materials", James J. Fishman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.

What Is Taught In The First Year Property Course?, John A. Humbach

Elisabeth Haub School of Law Faculty Publications

The battle over the first-year curriculum will unlikely ever end so long as there is a diversity of views as to what ought to be taught there. Because first-year courses are both a requirement (for the most part) and an initiation, most would probably agree that their subject matter should tend to emphasize the fundamental and general, not the esoteric or the highly specialized areas of legal knowledge. Nevertheless, first year subject matter should not be so abstractly "general" that it is too far removed from the real issues which a practical lawyer is likely to face. Beyond this, agreement …

Interim Detention Of Juvenile Delinquents In Ohio: A Proposal For Controlling Judicial Discretion, Leroy Pernell

Journal Publications

No abstract provided.

The Ohio Bill Of Rights, Paul C. Giannelli

Faculty Publications

No abstract provided.

Eyewitness Identifications, Paul C. Giannelli

Faculty Publications

No abstract provided.

Tax Consequences For Corporate Divisions Of The Family Farm Corporation, Edwin T. Hood, John D. Shores, Charles S. Triplett

Faculty Works

No abstract provided.

Reassessing Law Schooling: The Sterling Forest Group, Thomas L. Shaffer

Journal Articles

This Article is the result of a weekend in December 1976 at the Sterling Forest Conference Center. Several legal educators came together there to explore the possible relevance of humanistic educational psychology to legal education, and the pieces that follow flow from the experiences in learning we shared there. The concerns that brought the ten of us together were not new; rather, they emanated from a longstanding challenge within the profession.

Although we taught at different institutions and in different fields, our experiences had led us to a common dissatisfaction with legal education and a hope that more was possible. …