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Explanatory Surplusage In An Indictment Is Not Subject To Amendment., John R. Brantley

St. Mary's Law Journal

Abstract Forthcoming.

Helpless Giants: The National Parks And The Regulation Of Private Lands, Joseph L. Sax

Michigan Law Review

While intrusive private activities have increased all around them, park managers have stood by nervously, sensing that they were caring for helpless giants. The Park Service is aware that Congress has given it very little explicit authority to regulate private lands, but underlying Park Service hesitancy to act is a more profound concern about the constitutional power of the federal government to control private land uses near and within the parks. These constitutional doubts, though largely misconceived, arise out of a complex set of issues that need to be clarified. This article first describes current administrative practice and existing legislation …

Agreement, Mistake, And Objectivity In The Bargain Theory Of Conflict, Richard Bronaugh

William & Mary Law Review

No abstract provided.

The Uniform Commercial Code And The Deceptive Trade Practices Act., Eugene M. Anderson Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Act Of State At Bay: A Plea On Behalf Of The Elusive Doctrine, Alan C. Swan

Duke Law Journal

No abstract provided.

Volume 49, Issue 12 (1976)

Obiter Dicta

No abstract provided.

State Of Utah V. Burch-Wood, Ltd. Et Al : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment, Findings of Fact and Conclusions of Law of the Third Judicial District Court of Salt Lake County, State of Utah, the Honorable Stewart M. Hansen, Sr., Judge, Presiding.

Volume 49, Issue 11 (1976)

Obiter Dicta

No abstract provided.

Volume 49, Issue 10 (1976)

Obiter Dicta

No abstract provided.

Private Land Banking

William & Mary Environmental Law and Policy Review

No abstract provided.

The Toxic Substances Information Act

William & Mary Environmental Law and Policy Review

No abstract provided.

The "Discovery" Of Article 2317, David Dugas

Louisiana Law Review

No abstract provided.

Recent Cases, Laurence M. Hamric, William G. Scott, Mitchell M. Purvis, George M. Kryder, Iii, Richard M. Pitt

Vanderbilt Law Review

Laurence M. Hamric

The instant decision demonstrates the inability of the Court, on its own or with the meager guidance provided by Congress, to discern a clear standard by which to measure the propriety of union organizational activity in light of current federal labor and antitrust law. Faced with a fact pattern that did not embody an apparent anticompetitive intent, a classic conspiracy between labor and non-labor entities, or activity clearly unrelated to the legitimate union interest in achieving better wages and working conditions, the Court was forced to abandon the "clear showing" test of Pennington," the"intimately related" test of …

Volume 49, Issue 9 (1976)

Obiter Dicta

No abstract provided.

Anita Dumesnil Cummings V. Patrick C. Cummings : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from Judgment of the District Court of the Third Judicial District in and for Salt Lake County, State of Utah. Honorable Bryant H. Croft, Judge.

October 8, 1976, University Of Michigan Law School

Res Gestae

•The Docket •Notices •Open Letter to LSSS Committee Applicants •LSSS Meeting •Wetlands Project Offered by PILS •Juvenile Court •Relevant Advise for the Modern Law Student •Read-Only Memories •From the Desk of the Plagiarist •The Modern Little Red Hen •Crusader Rabbit •Stratomatic Football •Sports Poll

Environmental Law , Samuel T. Lawton Jr.

Chicago-Kent Law Review

No abstract provided.

Privacy In Education: Legal Implications For Educational Researchers, David G. Carter Sr., J. John Harris Ii, Frank Brown

The Journal of Law and Education

No abstract provided.

Where Now For Saving Lives?, Richard Zeckhauser, Donald Shepard

Law and Contemporary Problems

No abstract provided.

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

Justice: An Un-Original Position, Neil Maccormick

Dalhousie Law Journal

Human societies are not voluntary associations. At least so far as concerns national societies and states, most human beings do not have a choice to which one they will belong, nor what shall be the law and the constitition of that to which they do belong; especially, their belonging to a given state is not conditional upon their assenting to the basic structure of its organization. Someone who is born into a given state has obviously no choice, no opportunity to stipulate conditions upon which he will accept citizenship. Choice can perhaps be exercised later, when one is an adult, …

In Defence Of Macdonald's Constitution, Eugene Forsey

Dalhousie Law Journal

To-night I propose to sing the praises of the Canadian Constitution of 1867. I call it "Macdonald's Constitution" for two reasons. The first is that, though of course it was the work of all the Fathers of Confederation, Macdonald, incontestably, was the chief architect. The second is that what I am concerned to defend is the basic document Macdonald left us: Macdonald's Constitution as distinct from Haldane's; Macdonald's Constitution before it was defaced and ravaged by the Judicial Committee of the British Privy Council; before it was distorted by those wicked Stepfathers of Confederation. Does it need defence? Yes. Against …

Problemy Sravnitel'nogo Issledovaniia Zakonodatel'stva Soiuznykh Respublik, Leon Trakman

Dalhousie Law Journal

In an earlier contribution to this journal' the present writer called attention to growing interest, in the Soviet Union, in the application of the comparative method to the study of Soviet domestic law as evidenced by the appearance of two criminal law texts devoted exclusively to Belorussian and Ukrainian criminal law. The volume herein reviewed elaborates that theme and endeavours to come expressly to grips with the methodological issues implicit in analyzing a single legal system from a comparative standpoint. The impetus for studying Soviet law from a comparative perspective evidently dates from the late 1960s and owes much to …

The Forum (Volume 6, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.