Digital Commons Network^™

The Energy Crisis: A Few Perspectives, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

Reassessing Law Schooling: The Sterling Forest Group, Thomas L. Shaffer

Journal Articles

This Article is the result of a weekend in December 1976 at the Sterling Forest Conference Center. Several legal educators came together there to explore the possible relevance of humanistic educational psychology to legal education, and the pieces that follow flow from the experiences in learning we shared there. The concerns that brought the ten of us together were not new; rather, they emanated from a longstanding challenge within the profession.

Although we taught at different institutions and in different fields, our experiences had led us to a common dissatisfaction with legal education and a hope that more was possible. …

Douglas V. Seacoast Products, Inc.: The Legal And Economic Consequences For The Maryland Oystery, Thomas B. Lewis, Ivar E. Strand Jr.

Maryland Law Review

No abstract provided.

Official Errors And Official Liability, Kenneth Shepsle

Law and Contemporary Problems

No abstract provided.

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Publications

No abstract provided.

Juvenile Court Jurisdiction Over Noncriminal Misbehavior: The Argument Against Abolition, John Dewitt Gregory

Hofstra Law Faculty Scholarship

During the last decade and a half, there has been significant recognition of the legal rights of children and increasing attention to the law governing those rights. In addition to voluminous law review literature and treatment in texts, the United States Supreme Court, lower federal courts, and the state courts have addressed issues relating to children's rights in an expanding number of cases. Among the areas that the courts have scrutinized are children's freedom of expression under the first amendment of the Constitution of the United States, hearing requirements before a student may be suspended from a public school or …

The Reaction Of The State Courts To Gertz V. Robert Welch, Inc., Erik L. Collins, J. Douglas Drushal

Case Western Reserve Law Review

No abstract provided.

Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

Ideal For Education As Humanity, Naoshige Imai

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Economic Community Of West African States (Ecowas): An Analysis And Prospects, Bruce Zagaris

Case Western Reserve Journal of International Law

No abstract provided.

Public Law 480, American Agriculture And World Food Demand, David Helscher

Case Western Reserve Journal of International Law

No abstract provided.

The China Trade: Legal And Economic Considerations For American Lawyers And Businessmen, Dennis W. Bryan

North Carolina Journal of International Law

No abstract provided.

The Criminalization Of Questionable Foreign Payments By Corporations: A Comparative Legal Systems Analysis, Gerald T. Mclaughlin

Fordham Law Review

No abstract provided.

Prudent Planning Or Fraudulent Transfer? The Use Of Nonexempt Assets To Purchase Or Improve Exempt Property On The Eve Of Bankruptcy, Alan N. Resnick

Hofstra Law Faculty Scholarship

The debt collection process in Anglo-American law is based on the creditor's right to receive payment from liquidation of the debtor's assets. Judicial procedures are available to the unsecured creditor for the purpose of converting the debtor's assets to cash. Whenever the debtor's matured liabilities are greater than his assets, the collection process may be characterized as one of "grab law" in which the first creditors to take the debtor's assets succeed in effectuating collection.

It is an economic necessity for creditors to have an efficient collection mechanism which gives them maximum protection in the event of default by the …

Recent Decisions, Aubrey W. Bogle, Iii, Edward H. Lueckenhoff, Clark C. Siewert, Joe B. Foltz, Michael P. Peck

Vanderbilt Journal of Transnational Law

Admiralty--Requirement of Minimum Contacts for Jurisdiction to Attach Property of Nonresident Defendant is not Applicable to Maritime Attachment

Aubrey W. Bogle, III

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Buy American Statutes--New Jersey--Constitutionality of Buy American Statute Upheld by State Supreme Court

Edward H. Lueckenhoff

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Citizenship--The Fourteenth Amendment requires Proof by Clear, Convincing, and Unequivocal Evidence that Relinquishment of United States Citizenship is Voluntary

Clark C. Siewert

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Extradition--Double Jeopardy Provision of Extradition Treaty Applies even Where Crime Committed before Ratification

Michael P. Peck

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Sovereign Immunity--Service of Process in the United States on a Permanent Mission to the United Nations must Conform to the …

Quiet Revolution: The Development Of Notice Requirements In Admiralty In Rem Actions, Ronald M. Morris

Vanderbilt Journal of Transnational Law

The personification theory has declined in acceptance in the United States since the turn of the century. It is now largely discredited, and has been labeled a mere "literary theme" whose disappearance is "to be welcomed. The personification theory maintains vitality, however, because it provides a rationale for concluding that a ship, and not her owner, may be liable--a result many courts find difficult to justify without the theory.

If the personification theory is taken to its logical extreme, the constitutional due process requirement of notice and opportunity to defend is satisfied by pasting a summons to the vessel's bridge. …

Appropriation For Instream Flow Maintenance: A Progress Report On "New" Public Western Water Rights, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Legal Implications Of Population Control: A Practical Reevaluation Of Some Human Rights Considerations, Susan C. Eisenhauer

Fordham International Law Journal

In recent years, much attention has been devoted to the problems of overpopulation and attempts at slowing population growth. The number of people is expanding at an alarming rate, thereby threatening the physical environment as well as the quality of human life. The United Nations has not adequately dealt with the population problems. This paper outlines the existing problem and its ramifications, and discussses the UN position regarding human rights in the area of family planning. Questions are raised, as to what the rights consist of, if they are absolute, and if protection of the quality of life should limit …

Privacy Revisited: The Downfall Of Griswald, Martin R. Levy, C. Thomas Hectus

University of Richmond Law Review

This article presents a review of the Supreme Court's privacy decisions since Griswold v. Connecticut, and concentrates on Doe v. Commonwealth's Attorney for City of Richmond as a vehicle to review the Burger Court's trends in the privacy area. Doe is a good vehicle because, though decided without opinion, the summary affirmance of a lower court decision denying homosexuals constitutional protection resolved the tension developing between Douglas' penumbra theory of privacy, which was the opinion of the Court in Griswold, and the more modern substantive due process analysis. The authors conclude that the opinions in Griswold are dead as far …

Significant Private Foundations And The Need For Public Selection Of Their Trustees, David A. Lipton

Scholarly Articles

After an exploration of the implications of the present tax treatment of foundations, this article turns to deficiencies in organizational structure and models of governance allowing for input by the public. These models are proposed because their operations conform more to the underlying values of society than do foundations guided by self-selected officers. These values basically dictate that the public as a whole, not a self-appointed body of governors, should play the major role in determining what constitutes and best serves the common welfare. In addition, in the process of satisfying these external values, some demonstrable internal efficiencies accrue to …

The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Publications

No abstract provided.

Antitrust Issues In The Regulation Of College Sports, John C. Weistart

Faculty Scholarship

No abstract provided.

Taxation, Glen A. Rosenbaum

SMU Law Review

No abstract provided.

State Jurisdiction To Adjudicate Indian Reserved Water Rights, Jeff Taylor, Duane Birdbear

Natural Resources Journal

No abstract provided.

Jurisprudence "Under-Mind": The Case Of The Atheistic Solipsist, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Nearly thirty years have passed since the publication of Professor Lon L. Fuller's The Case of the Speluncean Explorers, in which a fictional court expounded upon the manifold ways in which certain harsh necessities, externally imposed upon common people, can test the rules of the criminal law. The instant case is not in- tended to parody the Speluncean Explorers, but rather to complement it with the inverse theme: the singular defendant is a psychologically extraordinary individual existing in a relatively mundane environment. The Atheistic Solipsist provides the opportunity for consideration of the ways internal forces of great intensity can shape …

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Zoning Obscenity: Or, The Moral Politics Of Porn, Norman Marcus

Buffalo Law Review

No abstract provided.

The Constitution And State Powers Of Export Limitation, Larry D. Barnett

Tulsa Law Review

No abstract provided.

Brief Of Appellants - Puget Sound Gillnetters Ass'n V. United States District Court, Docket Nos. 77-3129, 77-3208, 77-3209, 77-3654, 77-3655 (605 F.2d 492 (9th Cir. 1979))

Puget Sound Gillnetters Ass'n v. United States District Court, Docket Nos. 77-3129, 77-3208, 77-3209, 77-3654, 77-3655 (605 F.2d 492 (9th Cir. 1979))

No abstract provided.