Law Commons^™

Feasibility In Chapter X Reorganizations, David R. King

Villanova Law Review

No abstract provided.

Federal Jursidiction And Procedure, Various Editors

Villanova Law Review

No abstract provided.

A Drug Addict's Right To Anonymity, Anthony A. Desabato

Villanova Law Review

No abstract provided.

Absence Without Leave - The Nature Of The Offense, Fredric I. Lederer

Faculty Publications

No abstract provided.

Intrastate Offerings Under Rule 147, J. William Hicks

Michigan Law Review

In an effort to publicize administrative and judicial interpretations of the exemption, to protect investors, and to provide more certainty in determining the parameters of section 3(a)(ll), the SEC has adopted rule 147. This Article, in three parts, will examine that rule. Part I is devoted to an explanation of the rule; it will indicate how the rule differs from earlier interpretations of section 3(a)(ll) and discuss the problems that the rule leaves unanswered. Part II will consider the interrelationships among the various sections of the rule, as well as interpretative issues that have not yet arisen under section 3(a)(ll). …

The Politics Of Federal Judicial Administration, Paul D. Carrington

Michigan Law Review

A Review of The Politics of Federal Judicial Administration by Peter Graham Fish

Patents And Antitrust Law, Merrill N. Johnson

Michigan Law Review

A Review of Patents and Antitrust Law by Ward S. Bowman, Jr.

From Plows To Pliers - Urban Homesteading In America

Fordham Urban Law Journal

The state homestead exemption is the most widely known form of homesteading and exists in the majority if American jurisdictions. A new form of this plan has been added by many east coast cities that allows families to receive a grant of a home at a minimum price on condition that it occupies the residence and improves it to satisfy all applicable codes. The property is then transferred to the homesteader and this benefits both the city and the individual. This urban homesteading plan is the most recent program designed to promote urban renewal and home ownership. Wilmington Delaware was …

Constitutional Law-Blockbusting-Antiblockbusting Section Of The Civil Rights Act Of 1968 Held Not Violative Of First Amendment. Finding Of "Group Pattern Or Practice" Does Not Require A Showing Of Conspiracy Or Concerted Action

Fordham Urban Law Journal

An action was brought by the Attorney General against the president of a realty group and four other real estate brokers to enjoin alleged violations of anti-blockbusting provisions of the Fair Housing Act of 1968. Defendants were accused of individually and collectively engaging in a practice to prevent the enjoyment of rights granted by the Fair Housing Act and that a group of persons was denied rights as a result. It was alleged the defendant's agents made unlawful representations to white homeowners concerning changes in the racial composition of their neighborhood in order to induce sales. The trial court found …

Criminal Law-Multiple Jury Joint Trials-On The Joint Trial Of Two Defendants, The Empanelling Of Two Juries Simul- Taneously Is Permissible.

Fordham Urban Law Journal

Defendant was indicted on three separate counts in federal court and two juries were empaneled for one of the counts to try defendant and accomplice simultaneously. When testimony probative as to Sidman, but prejudicial to Clifford was about to be admitted through cross-examination, the jury sitting in judgment of Clifford was excused. Both men were convicted and on appeal Sidman's conviction was affirmed and Clifford's reversed. The multiple jury joint trial is a modification of the jury trial concept. The idea, however, desperately needs direction and it was for this reason that the appellate court, while upholding the conviction, did …

A Public Citizens’S Action Manual , Lisa H. Blitman

Fordham Urban Law Journal

The book proposes that court action should only be used as a last result and offers alternatives. It encourages the citizen to know the truth about various systems in our government and society and offers the reader information that can be used by the action oriented citizen to improve quality of life. Ross urges citizens to fight and become public interest advocates to seek change. Ralph Nader writes the introduction and explains that institutions of government and business are too large and distinct and that with a little help and interest from citizen-activists, government and businesses can be made ot …

The Fiscal Crisis Of New York City Voluntary Hospitals, John V. Connorton

Fordham Urban Law Journal

The cost of providing health care has been rising at an accelerated pace in recent years and hospital care took the largest share of this increase. Although not officially associated with the government, the voluntary health care institution reflects some of the characteristics of a governmental unit. It is traditionally exempt from taxes (although this is recently showing signs of erosion) and derives increasing proportions of its revenues from public funds. These funds are payment for services rendered to indigents at rates far below their costs. Hospitals have resorted to cutting costs other ways attempting to maximize efficiency of their …

Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod

Fordham Urban Law Journal

Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

Articles

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.

Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper

Articles

The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …

Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen

Articles

QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …

Herbert L. Packer Tribute, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

The Development Of The Collyer Deferral Doctrine, Peter G. Nash, Roland P. Wilder, Jr., Alan Banov

Vanderbilt Law Review

Collyer Insulated Wire' has been one of the most significant decisions by the National Labor Relations Board (Board) in recent years..That case established the principle' that the policies of the National Labor Relations Act (NLRA or Act) could best be effectuated if the Board deferred resolution of disputes based primarily on the meaning and application of a collective-bargaining agreement to the grievance--arbitration provisions of the parties' agreement. While the underpinnings of Collyer are traceable to well-established NLRB and judicial precedents, the decision is nonetheless an important new "developmental step"' that has precipitated far-reaching changes in the Board's approach to processing …

Back Matter

Syracuse Journal of International Law and Commerce

Recent Cases, Books Received, Index: Vols. 1-2

Front Matter

Syracuse Journal of International Law and Commerce

Front cover, Table of contents, Board of editors, Subscription information,

Panel Discussion: American Tax Credits And Foreign Taxes And Royalties, Jon E. Bischel, Stanford G. Ross, Leslie Cookenboo, Pierre F. De Ravel D'Esclapon

Syracuse Journal of International Law and Commerce

This panel discussion primarily focuses on U.S. tax policy with regards to international oil companies.

The Changing Environment Of International Commerce: The Shortage Factor, Robert B. Huguet

Syracuse Journal of International Law and Commerce

An overview of transnational trade in the early 1970s is presented. The author examines oil, food and commodities shortages, international monetary policy, and the regulation of gold reserves.

The Direct Broadcast Satellite: The Need For Effective International Regulation, Gary C. Merckel

Syracuse Journal of International Law and Commerce

This article examines the need for international laws and cooperation in the use of communications satellites.

What To Expect When Trading With The U.S.S.R.: The Problems Confronting The American Exporter, David Marx Jr.

Syracuse Journal of International Law and Commerce

An examination of the ramifications of the 1972 Trade Agreement between the United States and the Soviet Union.

Some Dilemmas Of An Internationalist In A World Of State Egoism, L.F.E. Goldie

Syracuse Journal of International Law and Commerce

The validity of any statement about international law turns on the meaning one is prepared to give the term. To say that the obligation to pay prompt, adequate and effective compensation for the expropriation of alien property derives from the body of traditional customary international law pertaining to the responsibility of states, or that the obligation derives from domestic (constitutional), and not international law at all, is to speak without clear referent. Clarity of both intent and ideology are absolute necessities.

Trade Between The European Economic Community And The Eastern Bloc: The Development Of A Common External Commercial Policy For The Eec, Carl Cannucciari

Syracuse Journal of International Law and Commerce

The progression of trade agreements between the European Economic Community and the Eastern Bloc (COMECON) is explored.

The Changing Attitudes In The World Oil Community, Omar Z. Ghobashy

Syracuse Journal of International Law and Commerce

This paper will examine the process of reform, focusing on the actions of the oil producing states and the rationale for the recent acts of expropriation and nationalization. The role international law has played and is now playing will also be examined. Finally, the attitudes of the states in which the oil companies are incorporated will be analyzed. Special attention will be given to the United States.

The Forum Of Conscience: Applying Standards Under The Free Exercise Clause, Paul Marcus

Duke Law Journal

The 1973 Supreme Court decision in Wisconsin v. Yoder reenforced and amplified the Court's earlier holding in Sherbert v. Verner that the free exercise clause of the first amendment requires the state to render substantial deference to religiously motivated behavior in the application of its laws and regulatory schemes. In this article, Mr. Marcus traces the evolving standards of free exercise doctrine and observes that the "balancing test" which has resulted from that evolution requires still further refinement to give religious freedom its full constitutional due. The author then illustrates how the new standards of free exercise might be applied …

Term Paper Companies And The Constitution

Duke Law Journal

No abstract provided.