Digital Commons Network^™

The Constitutional Rights Of Corporations Revisited: Social And Political Expression And The Corporation After First National Bank V. Bellotti, Charles O'Kelley

Faculty Articles

The Supreme Court has addressed only a few occasions the extent to which corporations enjoy those constitutional rights so fundamental to private citizens. In this article Professor O'Kelley discusses the inherent difficulty in applying familiar constitutional principles to corporations and examines those cases in which the Supreme Court has either extended or denied to corporations various constitutional rights. Finding that two underlying conceptual doctrines -- the Field rational and the associational rationale -- have guided the Court in previous decisions in this area, he then applies these doctrines in an analysis of the recent Supreme Court decision in First National …

Proposals For Change In The Administration Of The Antidumping Act, Stephen L. Gibson

Michigan Journal of International Law

This article suggests changes that might be made in the administration of the existing Act to improve the efficiency of investigations and the fairness of determinations under the Act in its present form. Most of these suggestions are addressed to the Treasury Department's fair value investigation, with only a few comments on the International Trade Commission injury investigation phase. The ITC has developed a framework for injury investigations that appears generally to be both workable and acceptable to interested parties. Treasury's fair value investigation, on the other hand, has tended to be more controversial. This stems in part from the …

The Meaning Of Part Of The Basis Of The Bargain, Kevin Mcivers

Santa Clara Law Review

No abstract provided.

A Short Introduction To The California Environmental Quality Act, Selina Bendix

Santa Clara Law Review

No abstract provided.

The Assessment Of Pollution Damage To Aquatic Resources: Alternatives To The Trial Model, Santa Clara Law Review, Eugene R. Fidell

Santa Clara Law Review

No abstract provided.

Mr. Justice Whittaker: The Man On The Right Supreme Court History Project: The Warren Court 1957-1961: Project, Barbara B. Christensen

Santa Clara Law Review

No abstract provided.

Session Law 79-139, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 79-228, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Premise For A Sensible Sentencing Debate: Giving Up Imprisonment, M. Kay Harris, Frank M. Dunbaugh

Hofstra Law Review

No abstract provided.

Accident, Mistake, And Rules Of Liability In The Fourteenth-Century Law Of Torts, Morris S. Arnold

Articles by Maurer Faculty

No abstract provided.

Race, Property Rights, And The Economic Consequences Of Reconstruction: A Case Study, Robert J. Haws, Michael V. Namorato

Vanderbilt Law Review

In assessing the problems of race and debtor relief in Mississippi during Reconstruction, it is clear that, on the local level, the Lafayette County court system, as represented by the Lafayette county court, effectively carried out an institutional framework established by the Mississippi legislature and the Mississippi Supreme Court in which the freedman was denied any meaningful role and/or opportunity in the economic environment of the community.In doing so, the county court system, by allegedly protecting the rights of private property, helped stifle the economic recovery of Lafayette County and, inferentially, the State as a whole. Moreover, by quickly acting …

Constitutional Law - Search And Seizure - Osha Warrantless Unconsented Administrative Inspections Of Business Premises Held Unconstitutional, Mary Kay Klein

North Dakota Law Review

No abstract provided.

Joint Custody, John G. Taussig Jr., John T. Carpenter Iv

North Dakota Law Review

No abstract provided.

Hughes V. Oklahoma: The Court, The Commerce Clause, And State Control Of Natural Resources, Walter Hellerstein

Scholarly Works

The Supreme Court's recent Commerce Clause opinions reflect an apparent effort to rationalize and modernize the analytical framework for delineating the implied restraints that the Clause imposes on state legislation. In the state tax field, the Court has articulated a coherent set of criteria controlling the validity of state taxes on interstate commerce and has discarded doctrine inconsistent with these standards. In the state regulatory context, the Court has likewise enunciated meaningful decisional principles governing the constitutionality of state regulations affecting interstate commerce and has applied them without substantial concern for their impact on its precedents of an earlier era. …

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 …

Brain Studies And Legal Scholarship, Peter D. Junger

Case Western Reserve Law Review

No abstract provided.

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

=================

EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

=====================

THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

The Patentability Of Microorganisms: Statutory Subject Matter And Other Living Things, Eric W. Guttag

University of Richmond Law Review

For the past 200 years, the federal patent laws have been used to encourage advances in scientific and technological areas. Pursuant to its constitutional authority "To Promote the Progress of Science and the Useful Arts," Congress has provided statutory protection for new and useful inventions. Consistent with constitutional and congressional mandates, patent rights have been granted for inventions which were diverse in both subject matter and complexity. For instance, the scope of patentable subject matter now extends to such highly sophisticated and revolutionary technologies as lasers, computers, and photocopiers.

Congressional Reaction To Tva V. Hill: The 1978 Amendments To The Endangered Species Act, John R. Walk

University of Richmond Law Review

The first comprehensive legislation for the protection of endangered species was the Endangered Species Conservation Act of 1966. It provided for "a program for the conservation, protection, restoration, and propagation of selected species of native fish and wildlife ... that are threatened with extinction."' In 1969, Congress expanded the Act in several important respects; however, it became apparent, as stated in 1972 by President Nixon, that the existing legislation "simply [did] not provide the kind of management tools needed to act early enough to save a vanishing species."'

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar

Fordham Law Review

No abstract provided.

Luther And The Justifiability Of Resistance To Legitimate Authority, Cynthia Grant Bowman

Cornell Law Faculty Publications

No abstract provided.

Book Review, Robert F. Nagel

Publications

No abstract provided.

Patent Law: Equivalency And Validity In The Seventh Circuit, Ramon A. Klitzke

Faculty Publications

No abstract provided.

The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis

University of Richmond Law Review

Strip mining, for those of us who are touched by it, either as residents of areas affected by the mining or as professionals or bureaucrats concerned with the legal or technical issues involved, conjours up vivid images of land devastation, offsite property damage and high profits with little risk involved for the operator.

Recent Acquisitions: Los Angeles County Law Library

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Torture In The International Community--Problems Of Definition And Limitation--The Case Of Northern Ireland, Ellen B. Cohn

Case Western Reserve Journal of International Law

No abstract provided.

Fifty Questions On Abortion, Charles E. Rice

Books

No abstract provided.

Agreement Between The United States Of America And Germany Concerning Prisoners Of War, Sanitary Personnel, And Civilians (Berne, 11 November 1918), Howard S. Levie

International Law Studies

No abstract provided.

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar

Fordham Law Review

No abstract provided.

Freedom And Constraint In The Jewish Judicial Process, Norman Lamm, Aaron Kirschenbaum

Cardozo Law Review

No abstract provided.