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1984

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Articles 61 - 90 of 5064

Full-Text Articles in Law

The Constitutionality Of Drunk Driver Roadblocks In Oklahoma: State V. Smith, Gordon D. Quin Dec 1984

The Constitutionality Of Drunk Driver Roadblocks In Oklahoma: State V. Smith, Gordon D. Quin

Tulsa Law Review

No abstract provided.


Masthead, Editors Dec 1984

Masthead, Editors

University of Pennsylvania Law Review

No abstract provided.


Judges' Judge , Carl Mcgowan Dec 1984

Judges' Judge , Carl Mcgowan

University of Pennsylvania Law Review

No abstract provided.


Striking The Balance: Congress And The President Under The War Powers Resolution, Cyrus R. Vance Dec 1984

Striking The Balance: Congress And The President Under The War Powers Resolution, Cyrus R. Vance

University of Pennsylvania Law Review

No abstract provided.


Worker Participation In Sweden And The United States: Some Comparisons From An American Perspective, Clyde Summers Dec 1984

Worker Participation In Sweden And The United States: Some Comparisons From An American Perspective, Clyde Summers

University of Pennsylvania Law Review

No abstract provided.


Role Of Federal Courts In Changing State Law: The Employment At Will Doctrine In Pennsylvania, Mark R. Kramer Dec 1984

Role Of Federal Courts In Changing State Law: The Employment At Will Doctrine In Pennsylvania, Mark R. Kramer

University of Pennsylvania Law Review

No abstract provided.


Fcc And Am Stereo: A Deregulatory Breach Of Duty, Jason B. Meyer Dec 1984

Fcc And Am Stereo: A Deregulatory Breach Of Duty, Jason B. Meyer

University of Pennsylvania Law Review

No abstract provided.


Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson Dec 1984

Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson

St. Mary's Law Journal

Abstract Forthcoming.


1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson Dec 1984

1984 Amendments To The Texas Rules Of Civil Procedure Affecting Discovery Procedure Forum., Charles W. Barrow, Jay H. Henderson

St. Mary's Law Journal

Abstract Forthcoming.


Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst Dec 1984

Doctors And Hospitals: An Antitrust Perspective On Traditional Relationships, Clark C. Havighurst

Duke Law Journal

Under new pressures for cost containment, hospitals are increasingly asserting interests that conflict with those of physicians. Professor Havighurst argues that legal rules under which practitioners have challenged denials of hospital admitting privileges should be clarified in order that hospitals can more effectively carry out their new cost-containment and other responsibilities. He invokes antitrust law's "essential-facilities" doctrine to protect those abused by their competitors on a hospital staff, but he contends that, if a hospital participates in decisionmaking as an independent actor--even though it acts in concert with its physicians--, antitrust courts should lower the level of scrutiny to a …


Memoirs In A Classical Style, Michael Boudin Dec 1984

Memoirs In A Classical Style, Michael Boudin

University of Pennsylvania Law Review

No abstract provided.


On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie Dec 1984

On Blazing Trials: Judge Friendly And Federal Jurisdiction, David P. Currie

University of Pennsylvania Law Review

No abstract provided.


Dangerousness And Expertise, Christopher Slobogin Dec 1984

Dangerousness And Expertise, Christopher Slobogin

University of Pennsylvania Law Review

No abstract provided.


Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer Dec 1984

Rethinking The Rule Of Reason: From Professional Engineers To Ncaa, Barry Wertheimer

Duke Law Journal

No abstract provided.


Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez Dec 1984

Fundamental Defect In Appellate Review Of Error In The Texas Jury Charge Procedure Forum., Michael J. Mccormick, John A. Convery, Linda Icenhauer-Ramirez

St. Mary's Law Journal

Abstract Forthcoming.


Financing Statement Covering After-Acuired Inventory Filed Solely Under Debtor's Trade Name In Non-Complying Bulk Sale Allows Seller's Secured. Creditors A Perfected Security Interest In Purchaser's After-Acquired Property And Priority Over Purchaser's Prior Secured Creditors To Extent Of Value Of Inventory Collateral Transferred Procedure Forum - Case Note., Katherine Compton Dec 1984

Financing Statement Covering After-Acuired Inventory Filed Solely Under Debtor's Trade Name In Non-Complying Bulk Sale Allows Seller's Secured. Creditors A Perfected Security Interest In Purchaser's After-Acquired Property And Priority Over Purchaser's Prior Secured Creditors To Extent Of Value Of Inventory Collateral Transferred Procedure Forum - Case Note., Katherine Compton

St. Mary's Law Journal

Abstract Forthcoming.


League Control Of Market Opportunities: A Perspective On Competition And Cooperation In The Sports Industry, John C. Weistart Dec 1984

League Control Of Market Opportunities: A Perspective On Competition And Cooperation In The Sports Industry, John C. Weistart

Duke Law Journal

An issue unsettled for at least the past decade is the proper characterization of a professional sports league for antitrust purposes. Recent litigation over the efforts of the National Football League to block the move by the Raiders from Oakland to Los Angeles should have been the occasion for a significant judicial clarification. The Ninth Circuit decision in the case seeks to limit league discretion and give individual clubs the right to pursue their separate entrepreneurial advantage. When subjected to close examination, however, the decision appears to be premised on themes that are fundamentally inconsistent. The present article suggests that …


Resale Price Maintenance After Monsanto: A Doctrine Still At War With Itself, Terry Calvani, Andrew G. Berg Dec 1984

Resale Price Maintenance After Monsanto: A Doctrine Still At War With Itself, Terry Calvani, Andrew G. Berg

Duke Law Journal

In this article, two enforcement officials at the Federal Trade Commission reexamine resale price maintenance in light of the Supreme Court's recent decision in Monsanto Co. v. Spray-Rite Service Corp. Commissioner Calvani and Mr. Berg consider both antitrust law and economic policy in their review of the history of resale price maintenance; they point out the chronic inconsistencies to which this antitrust regime has been subject, and identify these same inconsistencies at work in Monsanto. The authors set forth three theses with respect to Monsanto: first, that the Court intimated a willingness to reconsider at some future time the per …


New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price Dec 1984

New Texas Venue Statute: Legislative History Procedure Forum., Dan R. Price

St. Mary's Law Journal

Abstract Forthcoming.


Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve Dec 1984

Scientific Uncertainty And The National Environmental Policy Act—The Council On Environmental Quality's Regulation 40 C.F.R. Section 1502.22, Mark Reeve

Washington Law Review

The National Environmental Policy Act (NEPA) requires federal agencies to prepare Environmental Impact Statements (EIS's) for all major actions significantly affecting the environment. The EIS must disclose and evaluate alternative actions and their environmental consequences. Congress did not address the problem of scientific uncertainty when it passed NEPA. Ten years later, the Council on Environmental Quality (CEQ) tackled the issue by including section 1502.22 in its new regulations governing EIS production. The section provides that if scientific uncertainty exists but can be cured by further research the agency must do or commission the research. If the necessary research is exorbitantly …


Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman Dec 1984

Personal Jurisdiction In The Post-World-Wide Volkswagen Era—Using A Market Analysis To Determine The Reach Of Jurisdiction, Gregory Trautman

Washington Law Review

This Comment proposes that courts should apply a market analysis to all "stream of commerce" cases. The proper question in such cases is whether the market for the defendant manufacturer's or dealer's products includes the forum state. If so, the defendant should be subject to jurisdiction in the forum state. The Comment begins with a look at the recent history of the doctrine of personal jurisdiction. It then proposes a market analysis approach as an alternative to the rigid unilateral contacts test, and discusses the market analysis approach in the context of several recent consumer-based contact cases. Finally, the Comment …


New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz Dec 1984

New Limits On Police Vehicle Searches In Washington—State V. Ringer, 100 Wn. 2d 686, 674 P.2d 1240 (1983), Miriam Metz

Washington Law Review

In State v. Ringer, the Washington Supreme Court announced two new constitutional rules for police searches and seizures. First, police arresting a suspect in a car may search the suspect and the area within the suspect's immediate control for weapons or evidence, but may not search the area beyond the arrestee's reach. Second, unless there are exigent circumstances that justify their dispensing with a warrant, police with probable cause to search a lawfully stopped vehicle must obtain a warrant before conducting a search. Various public officials and organizations have criticized Ringer, castigating the Washington Supreme Court for being soft on …


Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward Dec 1984

Three New Exceptions To The Employment At Will Doctrine—Thompson V. St. Regis Paper Co., 102 Wn. 2d 219, 685 P.2d 1081 (1984), Susan Ward

Washington Law Review

In Thompson v. St. Regis Paper Company, the Washington Supreme Court limited the employer's right to discharge at will employees by carving out three specific exceptions to the at will rule. This approach is a tentative step toward protection of the interests of employees in Washington. However, because many unjustly discharged employees will be unable to frame a complaint that falls within one of these narrow exceptions, the Thompson decision falls short of a comprehensive solution to the problem of unfair discharge.


Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles Dec 1984

Violence In College Students' Dating Relationships, Carol K. Sigelman, Carol E. Jordan-Berry, Katharine A. Wiles

Office for Policy Studies on Violence Against Women Publications

In a survey of 504 college students examining predictors of violence in heterosexual relationships, over half of both men and women had committed at least one physically violent act. Modest associations between physical violence and sexual aggression were uncovered. In a series of discriminant analyses, men who abused their partners were not readily distinguished from men who did not, but tended to by young, low in family income, traditional in attitudes toward women, abused as children, currently living with a women, and from Appalachian areas.


Res Ipsa Loquitur, Seton Hall University School Of Law Dec 1984

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.


The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini Dec 1984

The Doctrine Of Crashworthiness In Texas: Movement Toward A Workable Solution Procedure Forum - Comment., G. Franco Mondini

St. Mary's Law Journal

Abstract Forthcoming.


The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review Dec 1984

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of proof must …


Administrative Regulation Of The High School Press, Michigan Law Review Dec 1984

Administrative Regulation Of The High School Press, Michigan Law Review

Michigan Law Review

This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …


Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review Dec 1984

Claims Of Dual Nationals In The Modern Era: The Iran-United States Claims Tribunal, Michigan Law Review

Michigan Law Review

This Note will discuss the considerations, implicit in the Tribunal's opinion, that support substituting the doctrine of dominant and effective nationality for the rule of state nonresponsibility in cases involving claims of dual nationals. Part I of this Note briefly examines the traditional framework of diplomatic protection and demonstrates that the policies supporting the doctrine of state nonresponsibility are anachronistic and that strict adherence to them leads to inequitable results. Part II argues that the doctrine of dominant and effective nationality is the preferred standard for determining the status of dual national claims. At the core of this doctrine is …


Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay Dec 1984

Hunger Strikes And The State's Right To "Force Feed": Recent Australian Experience, Mark Findlay

Research Collection Yong Pung How School Of Law

Whether or not it is the nature of the protest itself which makes it unsuitable for resolution in a court-room situation, the case law relating to "hunger strikes" (and State's response) is both sparse and insignificant. Perhaps on the basis of its uniqueness alone, the case of Schneidas v. Corrective Services Commission(New South Wales) and Others should be of particular interest to jurists on both sides of the Irish border.