Digital Commons Network^™

Toward A Critical Jurisprudence-A First Step By Way Of The Public-Private Distinction In Constitutional Law, Kenneth M. Casebeer

University of Miami Law Review

No abstract provided.

Toward A Definition Of "The" Constitution, Arthur S. Miller

University of Dayton Law Review

No abstract provided.

Justice Brennan And The Bill Of Rights, David B. Brownhill

Dissertations and Theses

The research problem examined in my thesis is stated clearly in the title: Justice Brennan and The Bill of Rights. In my examination, I relied primarily on Brennan's opinions, and secondarily, on scholarly commentaries authored by Brennan and others. I located the cases through a combination of sources. Initially, I consulted the Harvard Law Reviews' "Supreme Court Term, (1956-1981) Term(s)," which is published annually in its November edition, and then, I turned to the writings by, and about, Brennan my findings show that Brennan's approach in these cases has evolved over the years toward a more absolutist one.

The Inherent Power Of The Courts To Regulate The Practice Of Law: An Historical Analysis, Thomas M. Alpert

Buffalo Law Review

No abstract provided.

The Influence Of Modernization In Comparative Criminology, Marshall B. Clinard

Michigan Law Review

A Review of Crime and Modernization by Louise Shelley, and Readings in Comparative Criminology edited by Louise Shelley

Islamic Law In American Courts, David F. Forte

Law Faculty Articles and Essays

Nonetheless, the common law judge remains constrained by his own system of adjudication. Not only does he apply the law, he also states it. Yet, he becomes hesitant when he is asked to apply an asserted principle of Islamic law unless he is certain that it truly represents the accepted view and is not some imaginative interpretation. Thus, in interpreting Islamic law, the American judge is more reluctant than a qadi would be in choosing between opposing casuistical arguments in the same kind of case. Ironically, the American judge is also far more restrained in a case involving Islamic law …

The Constitutional Court Reviews The Early Dissolution Of The West German Parliament, Mary Lovik

UC Law SF International Law Review

The December 1982 dissolution of the Bundestag, in order to make way for new elections, was only the second time in the thirty-five year history of the Federal Republic that such an event occurred. The 1949 Bonn Constitution provides severely restrictive provisions regarding early dissolution. The Federal Constitutional Court, however, upheld the dissolution proceedings. This Article investigates the legal issues raised by the early dissolution, and the Constitutional Court's decision as to its constitutionality. It also discusses several proposals which have been made which would amend the Bonn Constitution to permit easier dissolution. The dissolution marked an important milestone in …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

The Sovereign People, Minority Rights And State Judiciaries : An Historical Study Of Tocqueville's Majoritarian Thesis, Erica Goodwin

Dissertations and Theses

In the decade of the 1830's, Alexis de Tocqueville published a perceptive analysis of America in the Jacksonian era, which focused upon the customs, manners and intellectual habits of its citizens, and their social condition as seen through its political institutions. He advanced the proposition--a paradox of democracy--that equality of condition was as compatible with tyranny as with freedom. The social consensus, which stemmed from the wide acceptance of doctrine of equality and common wants and interests, when brought to bear upon legislator and judge, public official, juryman, and the non-conforming individual, he termed the "tyranny of the majority."

The Foundations Of International Criminal Law: A Present-Day Inquiry, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Louisiana Legal Publications: A Selected Bibliography, Charlotte Corneil

Louisiana Law Review

No abstract provided.

The Grim Reality Of Open Juvenile Delinquency Hearings, David Katz

NYLS Law Review

No abstract provided.

United States Research Of The Law Of The Communist-Ruled States Of Europe, Ivan Sipkov

Vanderbilt Journal of Transnational Law

The legal system of the Soviet Union, developed after the 1917 October Revolution, was introduced, with some variations, in several European, Asian, and Latin American states during the last years of World War II. These states have been characterized, both officially and unofficially, as "Soviet-type republics," "People's republics," "Socialist republics," and "Communist states." Their legal systems, although patterned after the Soviet Union legal system, developed in different directions. Today, the various legal systems of these republics are clearly distinguishable; however, one common feature is present: the states are ruled by one Communist party to the exclusion of other parties.

The 1982 Felix S. Cohen’S Handbook Of Federal Indian Law: A Review And Commentary, Margery H. Brown

Montana Law Review

Felix S. Cohen

Review Of The New Deal Lawyers, By Peter H. Irons, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

This article reviews The New Deal Lawyers by Peter H. Irons (1982).

The government lawyers who helped shape and defend New Deal agencies have received little attention from scholars. Any oversight has now, however, been redressed. The New Deal Lawyers provides a detailed and careful study of the litigation process that preceded the New Deal's 1937 court triumphs. Peter Irons' book focuses on the activities of three key agencies and their general counsels: the National Recovery Administration (NRA) and Donald Richberg; the Agricultural Adjustment Administration (AAA) and Jerome Frank; and the National Labor Relations Board (NLRB) and Charles Fahy. Each …

Legal Education In Colorado: The Formative Years, Adolph H. Grundman

University of Colorado Law Review

No abstract provided.

Felix Frankfurter And His Times: The Reform Years, Philip B. Kurland

Cornell Law Review

No abstract provided.

Xenophobia And Parochialism In The History Of American Legal Process: From The Jacksonian Era To The Sagebrush Rebellion, Harry N. Scheiber

William & Mary Law Review

No abstract provided.

Lessons Of Lumpkin: A Review Of Recent Literature On Law, Comity, And The Impending Crisis, John Phillip Reid

William & Mary Law Review

No abstract provided.

Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland

Articles

No abstract provided.

George J. Stigler: An Appreciation, Ronald H. Coase

Articles

No abstract provided.

Is One Ethic Enough?, Dale G. Lasky

Valparaiso University Law Review

No abstract provided.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Law Faculty Scholarly Articles

Commercial-paper played a significant role in antebellum America by partially filling the void resulting from the shortage of gold and silver coinage and the absence of a reliable paper currency. Although most legal historians would agree with this premise, a controversy has arisen in recent years concerning negotiability, that collection of legal rules which greatly enhanced the usefulness of bills of exchange and promissory notes in commerce and finance.

Many scholars believe that negotiability, along with other pre-Civil War legal doctrines, was intended to facilitate the development of a national market system and economic growth. This view typically holds that …

Patent Secrecy Orders: The Unconstitutionality Of Interference In Civilian Cryptography Under Present Procedures, Lee Ann Gilbert

Santa Clara Law Review

No abstract provided.

Commercial Paper In Economic Theory And Legal History, Harold R. Weinberg

Kentucky Law Journal

No abstract provided.

Intersystem Issue Preclusion And The Restatement (Second) Of Judgments, Robert C. Casad

Cornell Law Review

No abstract provided.

Vol. 4, No. 4 (February 6, 1981)

Exordium

No abstract provided.

Other People's Faiths: The Scientology Litigation And The Justiciability Of Religious Fraud, Marjorie Heins

UC Law Constitutional Quarterly

No abstract provided.

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

University of Richmond Law Review

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …

A Case For Jury Determination Of Search And Seizure Law, Ronald J. Bacigal

Law Faculty Publications

In a criminal case the option to return a general verdict of acquittal invests the jury with the raw power to nullify many legal determinations, including the trial judge's ruling that a search is constitutional. While courts grudingly acknowledge the existence of an extra-legal jury nullification power, courts do not recognize any jury prerogative to determine the lawfulness of a search. The United States Supreme Court's discussion of the jury's role in interpreting and applying the fourth amendment consists of one terse statement that the legality of a search "is a question of fact and law for the court and …