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Full-Text Articles in Law

The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner Oct 1984

The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner

Dalhousie Law Journal

The evolution of the Supreme Court of Nova Scotia has been well described elsewhere.' This paper will describe the evolution during the colonial period of the main civil and criminal lower courts of Nova Scotia. Omitted are such courts as the Vice Admiralty and Probate Courts. These require separate examination. This paper traces the development of the courts of General Sessions of the Peace and the Inferior Court of Common Pleas, the main criminal and civil lower courts of the period, from the time of their inception shortly after the founding of Halifax in 1749. The examination of these courts …


Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan Jan 1984

Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan

Fordham Law Review

No abstract provided.


Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan Jan 1984

Copyrights And The National Stolen Property Act: Is The Copyright Infringer A Thief, Conrad Jordan

Fordham Law Review

No abstract provided.


Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin Jan 1984

Congress Opens A Pandora's Box - The Restitution Provisions Of The Victim And Witness Protection Act Of 1982, Lorraine Slavin, David J. Sorin

Fordham Law Review

No abstract provided.


Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling Jan 1984

Kentucky Law Survey: Criminal Procedure, William H. Fortune, Sarah N. Welling

Law Faculty Scholarly Articles

Significant criminal procedure decisions of the Kentucky appellate courts for the period July 1, 1982 to July 1, 1983, have been selected for discussion in this Survey. Included in this survey is an extensive discussion of selected cases in the areas of warrants, competency of counsel, pretrial discovery of witness statements, venue, belated attacks on criminal convictions, and the right to talk to an attorney before taking a breathalyzer test.


Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark Jan 1984

Marc Rich: An Expansion Of United States Criminal Jurisdiction Over Foreign Defendants, Debra Pogrund Stark

Northwestern Journal of International Law & Business

This Note will first examine how jurisdiction was asserted over Marc Rich & Co. through the district court's application of two theories of jurisdiction31 (the presence/doing business test and the transactingbusiness test) and the court of appeals' application of three theories of jurisdiction32 (the detrimental consequences test, the presence/doing business test, and the transacting business test).33 This Note will argue that Marc Rich underscores the inadequacy of the presence/doing busi- ness test in protecting a state's interest in prosecuting alleged violations of its laws.34 According to the district court, jurisdiction over Marc Rich & Co. would not have existed under …


Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt Jan 1984

Incest Statutes And The Fundamental Right Of Marriage: Is Oedipus Free To Marry?, Carolyn S. Bratt

Law Faculty Scholarly Articles

The U.S. Supreme Court has found that the right to marry is a constitutionally protected right. That right is restricted, however, by state incest statutes which impede marriage between adults by making some choices of a marriage partner illegal. The constitutional validity of modern state incest statutes is difficult to analyze because of shifting definitions, reflexive fears, ambivalent attitudes, and underlying facile generalizations.

The mere word "incest" triggers strong feelings of revulsion in most people. Therefore, any a priori labeling of a marriage as incestuous tends to preclude objective thought about the permissibility of the particular form of the marriage …