Digital Commons Network^™

Constitutional Dimensions Of The Amended Texas Sequestration Statute, Mark Zvonkovic

SMU Law Review

No abstract provided.

From Times V. Sullivan To Gertz V. Welch: Ten Years Of Balancing Libel Law And The First Amendment, James J. Brosnahan

UC Law Journal

No abstract provided.

Indian Tribal Trust Funds, Nell Jessup Newton

UC Law Journal

The government manages most Indian tribal money, much of which is kept in the Treasury at very low annual rates of return or at no interest at all. The Court of Claims and the Indian Claims Commission, traditional forums for the adjudication of Indian grievances, have adopted a narrow statutory rather than common law standard for the government in its role of trustee of Indian funds. Manchester Band of Pomo Indians, Inc. v. United States, a recent federal court decision, has applied strict fiduciary standards to the government. The note argues that this approach is more equitable and that the …

Veterinary Practice Acts: A Call For Reform, Donald L. Sapir

Hofstra Law Review

No abstract provided.

Recent Cases, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

The Agricultural Labourer In Canada: A Legal Point Of View, Kathryn Neilson, Innis Christie

Innis Christie Collection

The public has recently been made aware of special difficulties affecting farm labour. In August, 1973 the Report of a Federal Department of Agriculture team entitled "The Seasonal Farm Labour Situation in Southwestern Ontario" ' emphasized the deplorable living and working conditions, on some farms at least, of the seasonal labourers hired to harvest field crops in southwestern Ontario. Heavy media coverage erupted almost immediately, and there was renewed coverage in the autumn of 1974. Much less sensationally, through the spring and summer of 1974, the media gave coverage to special efforts by the government at both the Federal and …

Midwest Realty, A Utah Corporation V. City Of West Jordan : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from Judgment of Third Judicial District Court for Salt Lake County, State of Utah Honorable James S. Sawaya, Judge.

Richard F. Bassett V. Walter Baker : Reply Brief, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from a ruling of the Fourth District Court for Wasatch County Honorable J. Robert Bullock, Judge

Whose Needy Children?, David L. Bazelon

University of Michigan Journal of Law Reform

As an appellate judge for twenty-five years, the author has been confronted daily with cases involving what we call "behavior problems." As a judge, he can tell you it is a distressing task to sift daily through the records detailing the wreckage of human lives. He does not speak only of criminal cases. He also refers to child abuse and neglect cases, welfare eligibility cases, civil commitment cases, and many others.

Book Review, Fred M. Sandoval

North Dakota Law Review

No abstract provided.

The Rocky Road To Water For Energy, Henry Loble, Bruce C. Loble

North Dakota Law Review

No abstract provided.

Cases And Materials On Property: An Introduction To The Concept And The Institution, Lillian R. Bevier

Michigan Law Review

A Review of Cases and Materials on Property: An Introduction to the Concept and the Institution by Charles Donahue, Jr., Thomas E. Kauper, and Peter W. Martin

Land Use Law In Virginia

University of Richmond Law Review

In Virginia and throughout the United States, pressures have been building which are forcing the law of land use planning to a watershed in its development. In response, governments at all levels have been striving to find means of ensuring that the resulting change be in a direction that benefits the greatest number of their citizens. Likewise, the attorney practicing in this area of the law needs to recognize the possibility of fundamental changes, to understand the pressures precipitating an altered legal framework, and to appreciate the complex ramifications of his decisions involving questions of land use. Only through this …

Constitutional Law- Due Process- All But Minimal Procedural Due Process Safeguards Held Inapplicable At In-Prison Disciplinary Proceedings

University of Richmond Law Review

Inmates in penal institutions have historically been afforded less than the full panoply of procedural rights which the federal courts have guaranteed in criminal proceedings. The traditional attitude that constitutional rights were left outside the prison gate eventually gave way to a recognition that some fundamental substantivedue process rights are retained by prisoners. Because of an unwillingness to risk possible impairment of security and order by overburdening officials with procedural matters, the judiciary fashioned a "hands-off" doctrine as to proceduraldue process rights. This doctrine precluded judicial review of prison disciplinary action absent a showing that the action violated the eighth …

Indian Tribal Trust Funds, Nell Jessup Newton

Journal Articles

The United States government has long managed most Indian tribal money. Frequently, however, the government's failure to make sound investment decisions has resulted in substantial losses to the tribes. Such losses have been difficult to redress, for there is still uncertainty concerning the standard of care to which the government must be held in managing these funds. Although the courts have borrowed terms from trust law in characterizing the government's position, its responsibilities have never been clearly delineated. Attempts by Indian tribes to clarify the relationship through litigation have been hindered by the fact that access to the courts was …

Toward A Theory Of Control Of Medical Experimentation With Human Subjects: The Role Of Compensation, Bernard R. Adams, Marilyn Shea-Stonum

Case Western Reserve Law Review

No abstract provided.

Experimenting On Human Subjects: Philosophical Perspectives, Ruth Macklin, Susan Sherwin

Case Western Reserve Law Review

No abstract provided.

The Protection Of Industrial Property Rights In The European Economic Community, Ronald L. Smallwood

Vanderbilt Journal of Transnational Law

This study of European Economic Community (EEC) industrial property rights discusses trademarks, patents, and copyrights. The legal foundation for the protection of these industrial property rights in the EEC is derived from article 36 of the EEC Treaty, which expressly allows an exception to the prohibition of restrictions against the free movement of goods within the EEC when justified by the protection of industrial property, and article 222, which encompasses the protection of industrial property in the Member States. Although decisions of the Court of Justice on industrial property rights are infrequent, their ramifications are significant throughout the Community since …

Judicial Reasoning And Social Change, David A. Dittfurth

Faculty Articles

Some have begun to doubt whether courts adequately respond to recent social problems. Formulated rules, principles, and statutes govern a case in court, and these commanding communications addressed to judges theoretically guide and control the decision-making process. Rules, although often imprecise, are subjected to the scrutiny of the legal profession, which is trained to interpret their meaning and possible application in different fact situations. This, in turn, promotes a high degree of social and political stability since there is less ambiguity as to what constitutes permissible or required behavior.

Attitudes, social institutions, language, and critical decision making are all factors …

Housing Subsidies In The U.S. And England, Henry Mcgee

Faculty Articles

In this article Professor McGee reviews “Housing Subsidies in the United States and England”, by Daniel Mandelker. Professor McGee details the concerns and controversies about the allocation of housing funds, and provides a thorough critique of Mandelker’s comparison of the two countries.

Who Shall Decide When Doctors Disagree--A Review Of The Legal Development Of Informed Consent And The Implications Of Proposed Lay Review Of Human Experimentation?, Marian F. Ratnoff

Case Western Reserve Law Review

No abstract provided.

And Other Minerals As Interpreted By The North Dakota Supreme Court, Robert E. Beck

North Dakota Law Review

No abstract provided.

Preferential Land Assessment In Virginia, Eric E. Adamson

University of Richmond Law Review

The post-World War II land boom has seen cities and many towns snake outward into the countryside, engulfing millions of acres of formerly open land and developing them into suburbs. Cities have expanded not merely in numbers of people; they have over the past several decades also swallowed up vast areas of heretofore rural and farm land as city dwellers have fled to the suburbs.

The Dwindling Rights Of Teachers And The Closing Courthouse Door, Peter J. Neckles

Fordham Law Review

No abstract provided.

Ethical Standards For Fetal Experimenation, Michael M. Martin

Fordham Law Review

No abstract provided.

United States Antitrust Laws And International Transfers Of Technology--The Government View, Joel Davidow

Fordham Law Review

No abstract provided.

Land Use Controls Under The Clean Air Act, Cynthia J. Bolbach

Seton Hall Law Review

No abstract provided.

The Personal Accountability Of Public Employees, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: The most important developments in the nature of the public employment relationships have been those which increased the personal accountability of public employees. Civil service systems, particularly in regulatory areas, have been criticized as insulating public employees and removing incentives to perform their public duties.' Recent judicial decisions developing tort liability of public employees and the recent action of the United States Congress in passing the Freedom of Information Act [FOIA) sanctions provision portend future use of the concept of personal accountability as a means of controlling administrative abuse. Throughout deliberation on the FOIA sanctions provision, opposition to the …

The Protection Of Respect And Human Rights: Freedom Of Choice And World Public Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Recent Developments In The Recognition Of Instream Uses In Western Water Law, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.