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Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan Oct 1983

Cultural Relativism—Power In Service Of Interests: The Particular Case Of Native American Education, David Bryan

Buffalo Law Review

No abstract provided.


Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter Oct 1983

Weight Versus Sufficiency Of Evidence: Tibbs V. Florida, Thomas S. Ginter

Buffalo Law Review

No abstract provided.


Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer Oct 1983

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

Faculty Publications

No abstract provided.


Volume 56, Issue 3 (1983) Sep 1983

Volume 56, Issue 3 (1983)

Obiter Dicta

No abstract provided.


Legislation In Legal Imagination: Introductory Exercises, Patrick O. Gudridge Sep 1983

Legislation In Legal Imagination: Introductory Exercises, Patrick O. Gudridge

University of Miami Law Review

No abstract provided.


Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974 Sep 1983

Antitrust Law And Health Planning Under The National Health Planning And Resources Development Act Of 1974

Washington and Lee Law Review

No abstract provided.


Skepticism And Politics In The Domain Of Rights, James M. O'Fallon Jul 1983

Skepticism And Politics In The Domain Of Rights, James M. O'Fallon

University of Dayton Law Review

No abstract provided.


Judicial Review In The Name Of The Constitution, Richard B. Saphire Jul 1983

Judicial Review In The Name Of The Constitution, Richard B. Saphire

University of Dayton Law Review

No abstract provided.


Selected Survey Of Educational Law And Policy Literature Jul 1983

Selected Survey Of Educational Law And Policy Literature

The Journal of Law and Education

No abstract provided.


A Critique Of Illegitimate Noninterpretivism, Gary C. Leedes Jul 1983

A Critique Of Illegitimate Noninterpretivism, Gary C. Leedes

University of Dayton Law Review

No abstract provided.


Answers Are More Needed Than Perspectives, Kenneth E. Scott Jun 1983

Answers Are More Needed Than Perspectives, Kenneth E. Scott

Journal of Legal Education

No abstract provided.


"Knock, Knock" Is No Joke: Announcement Rules For Business Premises, Michigan Law Review Jun 1983

"Knock, Knock" Is No Joke: Announcement Rules For Business Premises, Michigan Law Review

Michigan Law Review

This Note argues that the courts should reject a home-business distinction in the application of announcement requirements. The Note concludes that announcement rules should apply whenever their underlying policies are served. This approach would apply announcement requirements to closed and occupied business premises.

Part I examines the arguments offered by some courts for a restrictive interpretation of announcement protections in the business context. Part I suggests that these arguments are unpersuasive and that the courts' application of announcement rules should correspond to the policies behind them. Part II argues that the policy justifications for announcement are served in the business …


The Void-For-Vagueness Doctrine In Village Of Hoffman Estates V. The Flipside, Hoffman Estates, Inc.: Revision Or Misapplication, Mark A. Richard May 1983

The Void-For-Vagueness Doctrine In Village Of Hoffman Estates V. The Flipside, Hoffman Estates, Inc.: Revision Or Misapplication, Mark A. Richard

UC Law Journal

In an effort to combat the problem of drug abuse, local communities have enacted statutes or ordinances that prohibit or otherwise regulate the sale, manufacture, or possession of drug paraphenalia. In Village o/Hoffman Estates v. The Floside, Hoffman Estates, Inc., the United States Supreme Court passed upon the validity of one such drug paraphenalia law and in so doing may have substantially limited a civil plaintiff's ability to challenge such a law on vagueness grounds. This Comment explores the Court's vagueness analysis in FlIpside. The Comment first outlines the provisions of the Village of Hoffman Estates ordinance and describes the …


Book Review, James R. Murray Apr 1983

Book Review, James R. Murray

Notre Dame Law Review

No abstract provided.


Res Ipsa Loquitur, Seton Hall University School Of Law Apr 1983

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.


Three Deaths Of State Sovereignty And The Curse Of Abstraction In The Jurisprudence Of Personal Jurisdiction, Harold S. Lewis Apr 1983

Three Deaths Of State Sovereignty And The Curse Of Abstraction In The Jurisprudence Of Personal Jurisdiction, Harold S. Lewis

Notre Dame Law Review

No abstract provided.


Sexism In The Statutes: Identifying And Solving The Problem Of Ambiguous Gender Bias In Legal Writing, Ray Stilwell Apr 1983

Sexism In The Statutes: Identifying And Solving The Problem Of Ambiguous Gender Bias In Legal Writing, Ray Stilwell

Buffalo Law Review

No abstract provided.


Teaching The Common Law In The French Language, Michel Bastarache Apr 1983

Teaching The Common Law In The French Language, Michel Bastarache

Dalhousie Law Journal

There are many difficulties associated with the setting up of a new law school; these difficulties were compounded at the Universit6 de Moncton with considerations relative to the language of instruction, the particularities of the clientele, it being relatively small and unconcentrated geographically, the lack of a legal tradition in French language communities outside of Quebec. My purpose here is not to analyse in a general way the experience of the last four years at the Universit6 de Moncton, but to consider only one aspect of this experience, the one which is the most often put to me in the …


The University Of New Brunswick Faculty Of Law, Edward Veitch Apr 1983

The University Of New Brunswick Faculty Of Law, Edward Veitch

Dalhousie Law Journal

Approaching twenty years ago Dean Ryan Q.C. (now Mr. Justice Ryan of the Federal Court, Appeal Division) described concisely' the development of the institution from a professional training school to a University faculty within the old, established provincial University.2 He dealt successively with the make-up of the student body, the growth of the curriculum, the educational background of the teachers and mentioned the stresses and strains of growth. It is now appropriate to bring all of that information up to date. At the outset it must be observed that the transmogrification from training school to department within the academy has …


The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson Apr 1983

The Canadian Patient's Book Of Rights: A Consumer's Guide To Canadian Health Law, A. Bissett-Johnson

Dalhousie Law Journal

Well qualified lawyers rarely take time to communicate important, often vital, information to the general public about matters of law which affect their lives and their health. This attractive handbook is a welcome exception to that rule. One of Canada's best known and most experienced lawyers in the medicolegal field, Lorne Rozovsky, has written a "consumer's guide" of some 140 pages on the subject of medical and hospital patient's rights under the laws. The area of law covered is what the author calls "health law," one of the most exciting and fastest growing of legal specialization fields in both Canada …


Approaches To Problems Of Field Ethics In Oceania, Mervyn Mclean Apr 1983

Approaches To Problems Of Field Ethics In Oceania, Mervyn Mclean

Pacific Studies

No abstract provided.


Law And Language: A Selected, Annotated Bibliography On Legal Writing, Terence Collins, Darryl Hattenhauer Mar 1983

Law And Language: A Selected, Annotated Bibliography On Legal Writing, Terence Collins, Darryl Hattenhauer

Journal of Legal Education

No abstract provided.


Volume 55, Issue 21 (1983) Mar 1983

Volume 55, Issue 21 (1983)

Obiter Dicta

No abstract provided.


The Limits Of Intention In The Common Law, J. M.B. Crawford, John F. Quinn Mar 1983

The Limits Of Intention In The Common Law, J. M.B. Crawford, John F. Quinn

University of Dayton Law Review

In criminal law, intention functions as the concept whereby human actions, and the reasons for them, are understood in relation to a criminal system. If there is no law, then there can be no punishment; but what if there is law, what then? How are the actions of the accused supposed to be understood in relation to the criminal law? One is very much aware that the criminal law, as it is presently conducted, generally pits the smallness of an individual against the corporate greatness and might of the state. What ought to serve to balance these competing interests?

In …


Speech And Law In A Free Society, William H. Wilcox Mar 1983

Speech And Law In A Free Society, William H. Wilcox

Cornell Law Review

No abstract provided.


Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg Feb 1983

Autonomy, Sovereignty, And Privacy: Moral Ideals In The Constitution, Joel Feinberg

Notre Dame Law Review

No abstract provided.


Constitutional Limitations On State-Imposed Continuing Competency Requirements For Licensed Professionals, Toni M. Massaro, Thomas L. O'Brien Feb 1983

Constitutional Limitations On State-Imposed Continuing Competency Requirements For Licensed Professionals, Toni M. Massaro, Thomas L. O'Brien

William & Mary Law Review

No abstract provided.


Premenstrual Stress Syndrome As A Defense In Criminal Cases, Marc P. Press Feb 1983

Premenstrual Stress Syndrome As A Defense In Criminal Cases, Marc P. Press

Duke Law Journal

No abstract provided.


A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw Jan 1983

A Comparative Negligence Checklist To Avoid Future Unnecessary Litigation, John M. Rogers, Randy Donald Shaw

Law Faculty Scholarly Articles

Systems of comparative negligence, whereby the negligence of a plaintiff serves to reduce rather than to preclude tort recovery in negligence, have been adopted in thirty-nine states. The common law rule that contributory negligence is an absolute bar to recovery is still the law in Kentucky, although modified by the doctrine of "last clear chance." Kentucky may soon join the trend toward comparative negligence, however. In the last legislative session, bills to adopt comparative negligence were introduced in both the House of Representatives and the Senate. A hearing on this subject was held by the Interim Judiciary and Civil Procedure …


Free Speech And The Assumption Of Rationality, Frederick Schauer Jan 1983

Free Speech And The Assumption Of Rationality, Frederick Schauer

Vanderbilt Law Review

First amendment doctrine is now both broad and complex, and the task of writing about all of it seems at least forbidding and perhaps impossible. Unthwarted by the magnitude of the mission, however, Franklyn Haiman has attempted, in Speech and Law in a Free Society,7 to survey and to integrate almost every area in which the first amendment restricts or should restrict the powers of the states and the federal government. Haiman's book is in some ways reminiscent of Thomas Emer-son's The System of Freedom of Expression." Like Emerson,Haiman devotes only a relatively brief introductory portion of his book to …