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1979

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Articles 3811 - 3838 of 3838

Full-Text Articles in Law

Manageability Of Class Actions Under S. 3475: Congress Confronts The Policy Choices Revealed In Rule 23(B)(3) Litigation, James R. Lyons Jr. Jan 1979

Manageability Of Class Actions Under S. 3475: Congress Confronts The Policy Choices Revealed In Rule 23(B)(3) Litigation, James R. Lyons Jr.

Kentucky Law Journal

No abstract provided.


Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys By Milton Heumann, John Barkai Jan 1979

Plea Bargaining: The Experiences Of Prosecutors, Judges, And Defense Attorneys By Milton Heumann, John Barkai

Kentucky Law Journal

No abstract provided.


Federal-State-Local Relationships In Transporting Radioactive Materials: Rules Of The Nuclear Road, Leonard M. Trosten, M. Reamy Ancarrow Jan 1979

Federal-State-Local Relationships In Transporting Radioactive Materials: Rules Of The Nuclear Road, Leonard M. Trosten, M. Reamy Ancarrow

Kentucky Law Journal

No abstract provided.


The Two Justices Harlan On Civil Rights And Liberties: A Study In Judicial Contrasts, Lewis I. Maddocks Jan 1979

The Two Justices Harlan On Civil Rights And Liberties: A Study In Judicial Contrasts, Lewis I. Maddocks

Kentucky Law Journal

No abstract provided.


County Jail Reform In Kentucky--A Second Look, Wm. Barry Birdwhistell Jan 1979

County Jail Reform In Kentucky--A Second Look, Wm. Barry Birdwhistell

Kentucky Law Journal

No abstract provided.


Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf Jan 1979

Kentucky V. Whorton And The Presumption-Of-Innocence Instruction: An Imprecise Formula For Appellate Review, Anne Abbott Trumpf

Kentucky Law Journal

No abstract provided.


Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White Jan 1979

Wanted: A Strict Contractual Approach To The Private University/Student Relationship, Rebecca Hanner White

Kentucky Law Journal

No abstract provided.


Diversity Jurisdiction In Reverse Direct Actions: Section 1332(C) And The Need For Legislative Clarification, Roy D. Wasson Jan 1979

Diversity Jurisdiction In Reverse Direct Actions: Section 1332(C) And The Need For Legislative Clarification, Roy D. Wasson

Kentucky Law Journal

No abstract provided.


United States V. Sutton And The Scope Of Title Ix Of The Organized Crime Control Act Of 1970: The Sixth Circuit's Narrow Interpretation Of The Meaning Of "Enterprise", Gary Wayne Hart Jan 1979

United States V. Sutton And The Scope Of Title Ix Of The Organized Crime Control Act Of 1970: The Sixth Circuit's Narrow Interpretation Of The Meaning Of "Enterprise", Gary Wayne Hart

Kentucky Law Journal

No abstract provided.


Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr. Jan 1979

Federal Courts In The Early Republic: Kentucky 1789-1816 By Mary K. Bonsteel Tachau, Woodford L. Gardner Jr.

Kentucky Law Journal

No abstract provided.


Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones Jan 1979

Comment: Race, Property Rights, And The Economic Consequences Of Reconstruction, Robert B. Jones

Vanderbilt Law Review

Professors Haws and Namorato are to be praised for their pioneer work in studying the operation of a county court system in the Reconstruction era. They break new historical ground in this effort that has the potential for greatly contributing to the study of the legal history of the South. More scholars must engage in this endeavor if the field of legal history is to reach its full maturity. While their efforts are to be complimented it must be pointed out, however, that they generally fail to make their case in this Article. They do not show a significant link …


Advocacy As Moral Discourse, Thomas L. Shaffer Jan 1979

Advocacy As Moral Discourse, Thomas L. Shaffer

Journal Articles

Advocacy at its best is a form of reconciliation. It reconciles the advocate with those whose champion he proposes to be. It reconciles the advocate with his hearers. It reconciles the person whose cause is advocated with the persons who hear advocacy. It brings to community life a new sense of the interests of those the community neglects. It seeks to make things better. It is moral discourse.

This article will examine advocacy in two contexts. The first is advocacy to an institution, conducted in the name of justice or the welfare of the community; one might call this first …


Professor Jones And The Constitution, Henry Paul Monaghan Jan 1979

Professor Jones And The Constitution, Henry Paul Monaghan

Faculty Scholarship

Professor Harry Jones's elegant and stimulating Waterman lectures begin on a salutary note. Professor Jones rightly reminds us that, first and foremost, a constitution is not exclusively or primarily a limitation on the exercise of political power, but rather is a charter for its exercise. Accordingly, to view the Constitution as "all brakes and no engine" suggests a serious and fundamental myopia, albeit an understandable one given the popular preoccupation with the Supreme Court's role in vindicating guarantees of civil liberty. But that preoccupation, Professor Jones notes, does more than distort the meaning of the Constitution; it ignores an historically …


France: Libraries Of Law And Librarians, Claire M. Germain Jan 1979

France: Libraries Of Law And Librarians, Claire M. Germain

UF Law Faculty Publications

The author, who is a French national, made a curious discovery not long ago. Apparently nothing has been published concerning French law libraries and law librarians. In fact, very little had been written on French libraries at all. The thought of filling this gap slowly developed, prompted by a desire to contribute to the field of international law librarianship (and also perhaps by a touch of nationalistic pride!).

This paper is the result of a survey of French libraries with substantial law collections, undertaken in the winter of 1978-79 in Paris and the province. Long conversations were pursued with French …


Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang Jan 1979

Some Aspects Of Abuse Of Dominant Positions In European Community Antitrust Law, John Temple Lang

Fordham International Law Journal

This article starts by looking at Article 86 of the ECC Treaty governing antitrust violations and the significance of "dominant position" in applying the Rule. The author then explains how in light of United Brands v. Commission, a Court of Justice of the European Communities Court, evidence of dominance may be classified in four categories. Next, the author explains the different types of abuses under Article 86. Finally, the author draws four conclusions. First, the contrast drawn by various authors between the EEC law, which prohibits abuse of a dominant position, and U.S. law, which forbids "monopolisation", is exaggerated and …


New Rules For Edge Act Corporations Under The International Banking Act Of 1978, James T. Tynion Iii Jan 1979

New Rules For Edge Act Corporations Under The International Banking Act Of 1978, James T. Tynion Iii

Fordham International Law Journal

Discusses the intent behind and the provisions of the Edge Act as well as the application of the Act to American international banking practices for the past sixty years.


Fifty Questions On Abortion, Charles E. Rice Jan 1979

Fifty Questions On Abortion, Charles E. Rice

Books

No abstract provided.


On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper Jan 1979

On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper

Articles

To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …


American Loyalists Claims, Series I And Series Ii: Georgia, Zach S. Henderson Library, Special Collections Jan 1979

American Loyalists Claims, Series I And Series Ii: Georgia, Zach S. Henderson Library, Special Collections

Finding Aids

This collection consists of transcripts of microfilm copies of historical records pertaining to Georgia compiled by the American Loyalist Claims Commission. The original documents are located in the British National Archives, London (American Loyalists Claims, Series I, A.O. 12, 1776-1831 and Series II A.O. 13, 1780-1835). Zach Henderson Library Special Collections houses five reels of microfilmed claims records; transcriptions of reels 1, 2, and 3 are included in this collection. Materials include indexes to microfilm reels 1, 2, 3, and 5; A total of 1,567 pages of typed transcripts and 17 sheets of negative photocopies detailing the experiences and property …


Dam Safety: The Critical Imperative, Denis Binder Dec 1978

Dam Safety: The Critical Imperative, Denis Binder

Denis Binder

The spectacular nature of the Teton Dam break emphasizes the basic problem of Dam Safety in this country. Nevertheless, it took several dam breaks and near-misses before the Federal Dam Safety Inspection Act was passed in 1972. It took another series of dam breaks and close-calls for meaningful implementation of the Act to result. Accordingly, this article sets forth a number of critical measures which are essential to a viable dam safety program. Using this model, the author evaluates the Federal Dam Inspection Act, the proposed model codes, and the existing state regulatory procedures and makes appropriate recommendations.


Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown Dec 1978

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.


The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein Dec 1978

The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein

Richard Adelstein

More on price exaction, and punishments as conveyors of cost information in the criminal process.


Prolegomenon To Terror Violence, M. Bassiouni Dec 1978

Prolegomenon To Terror Violence, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.


Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein Dec 1978

Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein

Richard Adelstein

A further development of the price exaction model and an application to the problem of sentencing standards.


Development Of A Model Act To Free Children For Permanent Placement: A Case Study In Law And Social Planning, Ruth-Arlene W. Howe Dec 1978

Development Of A Model Act To Free Children For Permanent Placement: A Case Study In Law And Social Planning, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.


Review Of Child Abuse And Neglect: Legislation, Reporting, And Prevention By Joseph J. Costa And Gordon K. Nelson And Child Maltreatment In The United States: A Challenge To Social Institutions By Saad J. Nagi, Ruth-Arlene W. Howe Dec 1978

Review Of Child Abuse And Neglect: Legislation, Reporting, And Prevention By Joseph J. Costa And Gordon K. Nelson And Child Maltreatment In The United States: A Challenge To Social Institutions By Saad J. Nagi, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.


Frances Pinter (Publishers) Ltd. - New 1979 Catalogue, Frederick H. Zemans Dec 1978

Frances Pinter (Publishers) Ltd. - New 1979 Catalogue, Frederick H. Zemans

Frederick H. Zemans

Catalogue includes publications by Professor Zemans.


Some Recent (And Not So Recent) Trends In American Real Estate Law Affecting The Right To A Brokerage Commission, Peter G. Dillon Dec 1978

Some Recent (And Not So Recent) Trends In American Real Estate Law Affecting The Right To A Brokerage Commission, Peter G. Dillon

Peter G. Dillon

No abstract provided.