Digital Commons Network^™

Can Federal Tax Benefits Constitutionality Be Extended To Private Segregated Schools - The Implications Of Green Vs. Kennedy, Darrel A. Rice

SMU Law Review

No abstract provided.

The 1960 Texas Standard Homeowners Policy, Larry L. Gollaher

SMU Law Review

No abstract provided.

Judicial Supervision Of Prisons Via The Eighth Amendment, Paul D. Schoonover

SMU Law Review

No abstract provided.

The Psychological Autopsy In Judicial Opinions Under Section 2035, Thomas L. Shaffer

Journal Articles

It is surprising how many cases have been litigated under Section 2035 of the Internal Revenue Code, which imposes an estate tax on inter vivos gifts in contemplation of death. It is also surprising that those hundreds of judicial opinions embody rigid perceptions of human life, and of attitudes toward death-perceptions which range from incisive to naive. They disclose a judicial system of death psychology which is detailed, systematic and (sometimes) accurate. This is an inquiry into those opinions as psychological autopsies.

The traditional judicial view of a gift in a contemplation of death case implies that the dead man …

Maryland's Wetlands: The Legal Quagmire, Stuart Marshall Salsbury

Maryland Law Review

No abstract provided.

Judicial Self-Regulation—Its Potential, Tom C. Clark

Law and Contemporary Problems

No abstract provided.

Systems Theory And Judicial Behavioralism, Ovid C. Lewis

Case Western Reserve Law Review

No abstract provided.

Animal Behavior Evidence, Sandra Muckelston

Montana Law Review

Animal Behavior Evidence

The Judicial Panel On Multidistrict Litigation: Embryonic Guidelines For The Consolidation Of Pretrial Proceedings

Fordham Law Review

No abstract provided.

Aircraft Hijacking: Some Domestic And International Responses, John A. Volpe, John T. Stewart Jr.

Kentucky Law Journal

No abstract provided.

The Original Meaning Of Pauperies, Alan Watson

Scholarly Works

The very name, 'actio de pauperie', presents us squarely with the problem. Why should this action -- dealing with damage caused by animals -- and this action alone come to be called 'the action on poverty'? For the word 'pauperies' in the later Republic and the Empire does have the primary meaning of 'poverty'. This problem does not stand by itself. The 'actio de pauperie' is old, and goes back at least to the XII Tables. Why does it -- apparently at least -- give a remedy for damage of all kinds, whereas the later lex Aquilia of 287 B.C. …

Breach Of Contract, Damage Measures, And Economic Efficiency, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.

The Wild And Scenic Rivers Act Of 1968, A. Dan Tarlock, Roger Tippy

Articles by Maurer Faculty

No abstract provided.

Part I: Private Law - Torts, Page Keeton

SMU Law Review

No abstract provided.

Psychology And The Criminal Law, Paul E. Meehl

University of Richmond Law Review

The two opposite errors a lawyer may make in evaluating the social scientist's contribution to law are to be overly critical and hostile, or to be unduly impressed and uncritically receptive. I have seen examples of both mistakes. The extreme form of the first attitude is shown by the lawyer who frankly believes that psychology, psychiatry, and sociology are mostly "baloney," pretentious disciplines which have abandoned common-sense knowledge of human life but whose claim to have substituted scientific knowledge is spurious. I would like to believe that this hostile attitude is always based upon misinformation or ignorance; but unfortunately, if …

Recent Legislation

University of Richmond Law Review

This is a list of the recent legislation from 1970.

Selecting And Certifying National Political Convention Delegates-A Party Or A State Right?, G. L. C.

Georgia Law Review

The events surrounding the Democratic and Republican National Conventions of 1968 serve as adequate evidence that the traditional two-party system and the nominating conventions may be in for serious trouble. A lack of support for the two-party system as it exists today is apparent from the dissent and civil disobedience which accompanied the conventions, the formation of a third party by George Wallace and the threat of a fourth party by Eugene McCarthy. Moreover, the Supreme Court has recently extended the equal protection clause of the fourteenth amendment to en- compass the rights of third-party candidates to appear on the …

Recent Decisions

Georgia Law Review

Tax Exemptions-Charitable Contributions--Federal Government May Not Grant Section 501(c)(3) or 170(a) Tax Benefits With Regard to Racially Segregated Private Schools Operated as Alternative to Desegregated Public Schools (Green v. Kennedy, D.D.C. 1970)

Constitutional Law--Criminal Abortion-Statute Prohibiting Intentional Destruction of Unquickened Fetus Violates Mother's Right of Privacy (Babbitz v. McCann, E.D. Wis. 1970)

Trademarks: Prestige, Practice And Protection, Julius R. Lunsford, Jr.

Georgia Law Review

AMERICANS are trademark conscious people. Trademarks in- fluence our daily lives and symbolize our American system of free and competitive enterprise. We encounter them not only in the market place, but also in our work, in our play, in our reading, at the banks, at the theatre, on the highways, in every mode of transportation and in church. For example, after a refreshing sleep on his "Beautyrest" mattress, the average American male is awakened by the alarm of a "Westclox" clock. He arises and walks on the "Callaway" or "Barwick" carpet to the bathroom. He brushes his teeth with "Ipana" …

Is Violence An "American" Nightmare?, Morris D. Forkosch

Georgia Law Review

HAVE civil disobedience and violence of all kinds in the United States crested, so that a decline appears in the offing? Does the mood of the country's college presidents and deans, that they can now deal with the student upheavals of the past few years, truly reflect not only their own campus situations but also the general picture in this country? Or is this mood a chimera: is optimism unfounded and continued violence to be expected because Western democracy was molded by violence, the United States was founded in violence, and man is by nature a violent creature? And even …

The Politics Of God In The Maturation Of The Law, M. S. B.

Georgia Law Review

This Note is a beginning exploration of the relationship of the law and God. It is predicated upon two assumptions: First, the law is what counsellors, advocates, judges and legislators do. Second, God is "beyond in the midst of our life;"  his doing is what is really happening. These assumptions preclude the possibility that either the law or God is brooding omnipresence. But they do open the way to discovery of the relationship of law as activity to the activity of God under the rubric of politics. After this Note has investigated the maturation of culture and law and described …

Psychiatry, Psychoanalysis, And The Credibility Of Witnesses, David B. Saxe

Notre Dame Law Review

No abstract provided.

Res Ipsa Loquitur In Texas: The Element Of Superior Knowledge., Harvey R. Levine

St. Mary's Law Journal

The doctrine of res ipsa loquitor infers negligence from the physical cause of an accident and eliminates the necessity of determining with certainty the responsible human cause. Specifically, in Texas, res ipsa loquitor means that the facts of an occurrence warrant an inference of negligence, that they furnish circumstantial evidence in the absence of direct negligence, and that the facts call for an explanation or rebuttal. Each state applies the doctrine differently and the outcome of each case is dependent on the procedural effect. Generally, invoking the doctrine of res ipsa loquitor may result in either of two procedural effects: …

Howard: The Road From Runnymede: Magna Carta And Constitutionalism In America, Leonard W. Levy

Michigan Law Review

A Review o The Road from Runnymede: Magna Carta and Constitutionalism in America by A.E. Dick Howard

The Sherwell Lecture: The Human Comedy In Legal History, Frederick Bernays Wiener

William & Mary Law Review

No abstract provided.

Recent Cases

Missouri Law Review

Recent Cases

Office Of The Solicitor General-Representing The Interests Of The United States Before The Supreme Court, The , Erwin N. Griswold

Missouri Law Review

Any Solicitor General is inevitably aware that he is basically an advocate. Within wide limits it is not for him to decide the cases which are before the Court-that is for the Court. But he is also aware that the office involves some incidents of statesmanship. The origins of the Office, its official responsibilities, and the obvious differences from private law offices, all reflect this unusual status. It is to these factors that this article focuses on.

The Warranty Of Habitability - Part I: The Background, Walter H. E. Jeager

Chicago-Kent Law Review

No abstract provided.

Woolsack 1969 Volume 7 Number 2, University Of San Diego School Of Law Student Bar Association

Newspaper, The Woolsack (1963-1987)

Table of Contents:

Lazerow Reappointed to ACLU Position

Law Review members Honored

Melvin Belli to Speak; Exact Date Unsettled

Supported by State Bar Association Bill Would Allow Law Students Limited Practice by J.L. Duchnick

Reader’s Viewpoint by Napoleon A. Jones, Jr. Black American Law Student Association

Judge’s Latin Slurs Bring Call for Removal

Alumni News by Guillermo Jorge

Placement Services Initiated by SBA

Dr. Chapman to Speak Here on Sea Law

This Year’s First TGIF: Friady’s Make It by Lynn Schenk

SBA Reps – Let Them Speak for You by Bruce Englebrecht

USD Will Host 1970 International Moot Court Regionals …

Consolidated Index Digest - Volumes 45 And 46, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.