Digital Commons Network^™

Due Process And Pro Hac Vice Appearances By Attorneys: Does Any Protection Remain?, Timothy C. Cashmore

Buffalo Law Review

No abstract provided.

Consolidated Edison Of New York, Inc. V. Public Service Commission Of New York, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Recent Publications, Journal Staff

Vanderbilt Law Review

Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity

By Allan P. Sindler.

Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …

Bolding V. Holshauser: What Remedy For Violation Of Prisoner's Eighth Amendment Rights, Marjorie Seiferheld

North Carolina Central Law Review

No abstract provided.

Discouraging The Dual Practice Of Accounting And Law: Is This A Valid Exercise Of The State's Power To Regulate The Legal And Accounting Professions?, James E. Mcclain Jr.

University of Arkansas at Little Rock Law Review

No abstract provided.

Psychosurgery And The Involuntarily Confined, John P. Kopesky

Villanova Law Review (1956 - )

No abstract provided.

The End Of The "Commercial Speech" Exception--Good Riddance Or More Headaches For The Courts?, Francis H. Heller

Kentucky Law Journal

No abstract provided.

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?

Administrative Agencies And The Rites Of Due Process: Alternatives To Excessive Litigation, Daniel Lee Feldman

Fordham Urban Law Journal

With the growth of courtroom litigation, it has become necessary for congress to look to administrative agencies to act in an adjudicative nature. In expanding the role of administrative agencies for efficiency and economic concerns, it is particularly important to still consider the due process rights of citizens. This article addresses the need to balance the procedural due process rights of individuals with the use of administrative agencies to eliminate or at the very least reduce excessive litigation.

The Federal Ministry Of Justice As Government's Legal Adviser To The Ministry Of External Affairs In Nigeria, Niki Tobi

Dalhousie Law Journal

Before the establishment of the Federal Ministry of Justice, there was in existence the Colonial Legal Department which was headed by a Britain. He was the Registrar and Taxing Master of the then Supreme Court between 1863 and 1901. In addition to this duty, he functioned both as the Queen's Advocate and the Queen's Proctor. The exact date in which the office of the Attorney-General was created is not known but there is evidence that it was created during the era of Lord Lugard. The first incumbent of the office of the Attorney-General was Sir Donald Kingdon who was in …

Status Of Student Practice Rules People V. Perez—An Initial Look At The Sixth Amendment, Catherine Walker

Seattle University Law Review

Despite the advent of the limited practice of law by law students as early as 1957, a California Court of Appeals in 1978 became the first court to examine the sixth amendment status of student representation in state criminal prosecutions. In People v. Perez, a California appellate court concluded that a lawyer-supervised law student, certified for limited practice by the California Student Practice Rules, is per se ineffective counsel in felony trials. Ostensibly to protect the defendant's right to effective counsel, Perez struck down the student practice rules without considering the proper function of certification in sixth amendment analysis. Moreover, …

Procedural Due Process In Quasi In Rem Actions After Shaffer V. Heitner, Karen Nelson Moore

William & Mary Law Review

No abstract provided.

Withdrawal Of Rights And Due Deference: The New Hands Off Policy In Correctional Litigation, Mark Berger

Faculty Works

No abstract provided.

Constitutional Test Of The Closed Panel Prohibition, Barry S. Mcneill

North Carolina Central Law Review

No abstract provided.

Of Rights Lost And Gained, Patricia A. Dore

Florida State University 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 …

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 …

Constitutional Law - Corrections - Prisoners' Constitutional Right Of Access To Courts Imposes Duty On State To Provide Prison Law Libraries, Amanda M. Shaw

Villanova Law Review (1956 - )

No abstract provided.

Perluasan Bantuan Hukum Untuk Si Miskin Dan Negara Sarjana Hukum Di Negara-Negara Sedang Berkembang, Adnan Buyung Nasution

Jurnal Hukum & Pembangunan

No abstract provided.

The Right And The Power: The Prosecution Of Watergate, Barry D. Halpern

Florida State University Law Review

By Leon Jaworski. New York: Reader's Digest Press; Houston: Gulf Publishing Co. 1976. Pp. 305. $9.95 New York: Pocket Books. Pp. 372. $2.50.

Turner V. State, 340 So. 2d 132 (Fla. 2d Dist. Ct. App. 1976), Melanie Hines Alford

Florida State University Law Review

Criminal Law- ETHICS- PUBLIC DEFENDER'S OFFICE IS A "LAW FIRM" FOR PURPOSE OF DETERMINING WHETHER CONFLICT EXISTS IN REPRESENTATION OF CODEFENDANTS.

Rights And Remedies In The Federal District Courts Of Mexico And The United States, Carl E. Schwarz

UC Law Constitutional Quarterly

No abstract provided.

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

The Right Of Prisoner Access: Does Bounds Have Bounds?, Josephine R. Potuto

Indiana Law Journal

No abstract provided.

Tribute To Chief Justice Donald R. Wright, Thomas Ehrlich

UC Law Constitutional Quarterly

No abstract provided.

The Demise Of The Commercial Speech Doctrine And The Regulation Of Professional's Advertising: The Virginia Pharmacy Case

Washington and Lee Law Review

No abstract provided.

Due Process And The Parole Release Decision, Donna Chu

Kentucky Law Journal

No abstract provided.

The New Dimensions Of Constitutional Adjudication, Archibald Cox

Washington Law Review

The new dimensions to which my title refers are of a different order; they are not substantive but institutional. That the Supreme Court has always played a partly political role—that it has always made a certain amount of public policy in some areas under the guise of interpreting the Constitution—is all too obvious. That it has usually felt partly bound by "law" is equally obvious to anyone who understands the self-discipline of the legal method. The question of emphasis always remains. How large or small is—or should be—the political element in judicial decisions? There also remains a second question. How …

Towards A Constitutional Right To Counsel In Matrimonial Litigation, Gary R. Matano

Fordham Urban Law Journal

The marriage institution is the basic unit in the anatomical composition of American society as it exists today. The right to marry and the right to divorce when marriage fails have long been held in the highest esteem by our nation's courts. But some citizens of the State of New York are judicially denied the right to terminate their marriages because they are indigents. The court has denied indigents their requested assignments of counsel when the assistance of counsel was unquestionably necessary for prospective matrimonial litigants. The first problem posed by that holding is that it operates as a virtual …

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.