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Generic Trademarks, The Ftc, And The Lanham Act: Covering The Market With Formica, David E. Shipley

William & Mary Law Review

No abstract provided.

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …

Disqalification Of Justices And The Constitutional Status Of The Judicial Budget: State Ex Rel. Bagley V. Blankenship, Kathleen Duffield

West Virginia Law Review

No abstract provided.

United States Supreme Court 1977-1978 Term : Criminal Law Decisions, B. J. George Jr.

BYU Law Review

No abstract provided.

Constitutional Law-Procedural Due Process-Student Has Right To Have Attorney Present At University Disciplinary Hearing When Criminal Charges Are Pending-Gabrilowitz V. Newman

BYU Law Review

No abstract provided.

Criminal Procedure-Double Jeopardy-Government's Right To Appeal A Midtrial Dismissal- United States V. Scott

BYU Law Review

No abstract provided.

Due Process-A Substantive Due Process Attack On The Price-Anderson Act-Duke Power Co. V. Carolina Environmental Study Group, Inc.

BYU Law Review

No abstract provided.

Kurland : Watergate And The Constitution, Rex E. Lee

BYU Law Review

No abstract provided.

Israel Electric Corp. V. Ha'aretz, Moshe Landau, Moshe Etzioni, Yitzhak Kahan, Miriam Ben-Porat, Meir Shamgar

Translated Opinions

This is a petition for rehearing of a civil action for defamation. A majority of the panel of five Justices of the Supreme Court reinstated the District Court's judgment in favor of the Plaintiffs. The majority of the Court held -

1.      The constitutional right to free speech does not enjoy a status that is superior to the citizen's right to the protection of his good name, rejecting the contrary position taken by the United States Supreme Court in New York Times v. Sullivan. The task is to find the proper accomodation between these interests, when they conflict with …

Forfeiture By Guilty Plea--A Reply, Peter Westen

Michigan Law Review

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.

Pleas Of Guilty And The Loss Of Constitutional Rights: The Current Price Of Pleading Guilty, Stephen A. Saltzburg

Michigan Law Review

This Article proposes the same basic rule as Westen's to explain the Supreme Court's decisions, but for very different reasons which require several modifications of the Westen rule. I argue that all the guilty-plea cases, properly viewed, are consistent with, and therefore can be read as evidence of, a theory more easily applied than articulated by the Court: that some constitutional rights are largely premised on notions of litigation avoidance, that their "avoidance" rationales must be respected, and that these rights therefore prevent governments from establishing procedural rules that force criminal defendants to go to trial-to choose more rather than …

Why We Should Keep Florida's Elected Cabinet, Malcolm B. Johnson

Florida State University Law Review

No abstract provided.

The Latest Event In The Confused History Of Municipal Tort Liability, J. Bart Budetti, Gerald L. Knight

Florida State University Law Review

No abstract provided.

One Small Word: Sexual Equality Through The State Constitution, Ruth L. Gokel

Florida State University Law Review

No abstract provided.

Flexibility And Fiscal Conservatism: Provisions Of The 1978 Constitutional Revision Relating To Bond Financing, Arnold L. Greenfield

Florida State University Law Review

No abstract provided.

Prohibiting Bnding Arbitration: The Proposed Change In Article I, Section 6, Terri Jo Kennedy

Florida State University Law Review

No abstract provided.

A Step Toward Uniformity: Review Of Life Sentences In Capital Cases, Ron Bergwerk

Florida State University Law Review

No abstract provided.

To Be Let Alone: Florida's Proposed Right Of Privacy, Gerald B. Cope, Jr.

Florida State University Law Review

No abstract provided.

The Proposed Revision To The Executive Suspension Powers Of The Governor, Algia R. Cooper

Florida State University Law Review

No abstract provided.

Presumptive Possession Of Weapons: New York's Controversial Statute, Murray N. Caplan

Buffalo Law Review

No abstract provided.

Recent Cases, Daniel P. Smith, R. Michael Moore

Vanderbilt Law Review

Courts Split on the Necessity of Separate Authorization for a Covert Entry Under Title III of the Omnibus Crime Control and Safe Streets Act of 1968

Daniel Paul Smith

Title III of the Omnibus Crime Control and Safe Streets Act of 1968,' which regulates the use of electronic surveillance, was designed to protect "the privacy of wire and oral communications,"and to delineate "on a uniform basis the circumstances and conditions under which the interception of wire and oral communications may be authorized."' In general, communications may be intercepted only by law enforcement officers, who are engaged in the investigation of …

Executive Privilege, Congressional Subpoena Power, And Judicial Review: Three Branches, Three Powers, And Some Relationships, Rex E. Lee

BYU Law Review

No abstract provided.

Spears V. State, 337 So. 2d 977 (Fla. 1976), John Mueller

Florida State University Law Review

Constitutional Law- SPEECH- FLORIDA'S INDECENT AND OBSCENE LANGUAGE STATUTE DECLARED UNCONSTITUTIONAL ON ITS FACE FOR OVERBREADTH.

Constitutional Interpretivism: Its Allure And Impossibility, John Hart Ely

Indiana Law Journal

A shorter version of the text of this article was delivered on February 7, 1978, by Professor Ely at the Indiana University School of Law as part of the Addison C. Harris lecture series. It is an adaptation of part of a book in progress on judicial review and representative government.

Sex Discrimination—Court Narrows Gilbert—Some Pregnancy Discrimination Is Sex Related, Claudia G. Allen, Jean C. Powers

Buffalo Law Review

No abstract provided.

Recent Cases, James S. Hutchinson, James R. Newson, Iii, Andrew W. Byrd, Judith Mi. Janssen, John E. Tavss

Vanderbilt Law Review

Civil Procedure--Attorney-Client Privilege-- Privilege Protects Communications Made by Corporate Employee To Secure Legal Advice and a Matter Committed to a Professional Legal Advisor Is Prima Facie Committed To Secure Legal Advice

James S. Hutchinson

attorney-client privilege, the "predominance" test, legal activities

In summary, courts have not yet resolved how to determine who may qualify as the corporate client for purposes of the attorney-client privilege...

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Constitutional Law-- Confrontation Clause-Admission at Trial of Slain Informant's

Prior Grand Jury Testimony Against Defendants Does …

Book Reviews, Stephen L. Wasby, Herbert A. Johnson

Vanderbilt Law Review

The Courts and Social Policy Author: Donald L. Horowitz

Reviewed by Stephen L. Wasby

Donald Horowitz's The Courts and Social Policy is a serious effort to deal with the question of judicial capacity. Horowitz talks first of the expansion of judicial responsibility, which he thinks is a departure from the traditional exercise of the judicial function, and then explores the sources of this growth, particularly expansive statutory interpretation. He believes that courts do not do well at interpreting the mixes of statutes, regulations, and local arrangements with which they are faced more and more frequently. "Griggs v. Duke Power Co.," …

Weatherford V. Bursey, George Robert Dittrich

University of Arkansas at Little Rock Law Review

No abstract provided.

Parker And Usery: Portended Constitutional Limits On The Federal Interdiction Of Anticompetitive State Action, Mark L. Davidson, Robert D. Butters

Vanderbilt Law Review

This Article examines in detail the policies underlying these recent Supreme Court decisions interpreting the Sherman Act and shows that they have equal applicability to FTC enforcement of the Clayton and FTC Acts. The Article identifies the factual criteria used by the courts for distinguishing state and private conduct that is subject to the antitrust laws, and to congressional commerce dictates, from sovereign state regulatory conduct that is immune from antitrust sanction. The Article then focuses on the impact of Usery, which provides constitutional support for the so-called state action doctrine that was originated in Parker v. Brown. Finally, we …

Equal Protection: A Closer Look At Closer Scrutiny, Michigan Law Review

Michigan Law Review

This Note proposes to restore means-end analysis to legal respectability through a comprehensive integrated approach to purpose, misfit, and balancing. The search for a rational basis is meaningless if there are no constraints on the kind of purpose which may justify a classification. Therefore, this Note initially explores ways in which a court can more rigorously scrutinize statutory purpose. The next significant question is how a court should evaluate the degree of coincidence between the class picked out by the law and the class which would be picked out if the law were to achieve its goals. Such "misfit" analysis …