Digital Commons Network^™

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

Poetic License, Jeffrey Kluger

University of Baltimore Law Forum

No abstract provided.

Contribution Among Joint Tortfeasors In Illinois: An Opportunity For Legislative And Judicial Cooperation, Nina S. Appel, Richard A. Michael

Loyola University Chicago Law Journal

No abstract provided.

Insanity - Guilty But Mentally Ill - Diminished Capacity: An Aggregate Approach To Madness, 12 J. Marshall J. Prac. & Proc. 351 (1979), Joseph D. Amarilio

UIC Law Review

No abstract provided.

Fairness And Natural Justice In English And South African Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Recent Tax Developments And Issues Affecting Canada-United States Transnational Business Activities, Robert D. Brown

Canada-United States Law Journal

No abstract provided.

The Law Of Non-Recognition: The Case Of Taiwan, Victor H. Li

Northwestern Journal of International Law & Business

The United States and the People's Republic of China established diplomatic relations on January 1, 1979, while official United States ties with Taiwan terminated on the same day. In this article, Professor Li examines two possible American rationales for continued unofficial ties with Taiwan and the possible legal consequences of adopting either rationale.

Is There Law In China? [And Comments], Jerome A. Cohen, Ross H. Munro, Daniel Kelly

Maryland Journal of International Law

No abstract provided.

Anti-Terrorism: The West German Approach, Kevin G. Horbatiuk

Fordham International Law Journal

Focuses on the West German gorvernment's political response to terrorism specifically surveying the changes deemed to be necessary in the areas of law enforcement, substantive criminal law and criminal procedure. Also, it considers the reaction to these measures and compares the view of the West German government with that of various critics.

Competency Testing Programs: Legal And Educational Issues , Merle Steven Mcclung

Fordham Law Review

No abstract provided.

Casenotes: Evidence — Scientific Evidence — Spectrographic Voice Identification Held Inadmissible Pending The General Acceptance Of The Technique By The Scientific Community. Reed V. State, 283 Md. 374, 391 A.2d 364 (1978), Daniel R. Anderson

University of Baltimore Law Review

No abstract provided.

Book Review: H. Fingarette & A. Fingarette Hasse, Mental Disabilities And Criminal Responsibilities, John Q. La Fond

Seattle University Law Review

Whether mental illness and related impairments in the human psyche should affect an individual's criminal responsibilityfor law-breaking behavior has always provoked intense andwide-ranging debate. This debate clearly reflects society's lack of consensus concerning the appropriateness and scope of considering mental impairment in assessing individual criminal responsiblility. Thus, it is not unexpected that recently proposals to abolish the insanity defense have been seriously suggested or that noted scholars have urged society to place the disposition of mentally ill offenders in the exclusive hands of experts. That this heated discussion continues unabated should come as no surprise, since legal doctrines which excuse …

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

The New Spanish Constitution, Comments And Full Text, George E. Glos

UC Law Constitutional Quarterly

No abstract provided.

A Tribute To Professor Joseph Sinclitico, Jr., Seattle University Law Review

Seattle University Law Review

No abstract provided.

A Utilitarian Theory Of Judicial Decision, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Ackerman On Property And The Law, David T. Ozar

Loyola University Chicago Law Journal

No abstract provided.

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …

Impeachment By Prior Conviction: Adjusting To Federal Rule Of Evidence 609, Bruce P. Garren

Cornell Law Review

No abstract provided.

Domestic Legislation And The Law Of The Sea Conference, Paul N. Mccloskey Jr.

Syracuse Journal of International Law and Commerce

This presentation and panel discussion are part of the symposium entitled: Mining the Deep Seabed: A Range of Perspectives. It addresses some of the issues facing the United States Congress such as protecting the position of U.S. companies, as well as promoting international agreements with regards to ocean mining.

Law, Literature And Cardozo's Judicial Poetics, Richard H. Weisberg

Cardozo Law Review

The following article suggests a new perspective on Benjamin N. Cardozo's judicial theory. The introductory pages offer a comparison of Cardozo to a strikingly similar figure from the literary world, Flaubert, and in that light emphasize his awareness and acceptance of the place of culture and intuition in the judicial enterprise. Part I perceives Cardozo's imprecisely named "Method of Sociology" as pointing, in effect, to a "Method of Culture." This section also elaborates on the intuitive element of his judicial "poetics," not as a method in itself, but as the disciplined subjectivity which leads judges to use his four methods …

International Human Rights As "Rights", Louis Henkin

Cardozo Law Review

No abstract provided.

Broadcasters' First Amendment Rights Through The Courts With "The Seven Dirty Words:" F.C.C. V. Pacifica Foundation

Nova Law Review

On October 30, 1973, a New York radio station broadcast comedian George Carlin's recorded monologue, "Filthy Words,"' which consisted primarily of the repetitive use of seven four-letter words depicting sexual or excretory organs and activities, which could not be said on the public airways.

The 1977 Soviet Constitution: A Historical Comparison, Igor L. Kavass, Gary I. Christian

Vanderbilt Journal of Transnational Law

Throughout the Soviet Union's history, its four constitutions have been a reflection of the political climate of the particular period. The documents thus viewed provide a historical and political benchmark against which life and thought in the U.S.S.R. may be fairly accurately gauged. When Brezhnev addressed the USSR Supreme Soviet on October 4, 1977, to recommend the inevitable adoption of the 1977 Constitution, he again stressed the historical perspective in which the document must be viewed. He stated: "We will adopt the new Constitution on the eve of the 60th anniversary of the Great October Socialist Revolution. This is not …

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …

"Indecent" Language: A New Class Of Prohibitable Speech? F.C.C. V. Pacifica Foundation, Robert T. Billingsley

University of Richmond Law Review

Courts in this country have long recognized that the first amendment guarantee of freedom of speech, while written in absolute terms, is not an unyielding bar to all government regulation. The basic question left unresolved, however, is under what circumstances the government may intervene on behalf of itself or its citizens to place restrictions upon the great protected right of communication. Mr. Justice Holmes, speaking for the Supreme Court in Schenck v. United States, indicated that the question was whether the words used would create a "clear and present danger" of bringing about "substantive evils that Congress has a right …

Cook, Oliphant And Yntema: The Scientific Wing Of American Legal Realism, S. N. Verdun-Jones

Dalhousie Law Journal

For many years I have been asking myself the question: In what way or ways is it possible to study law scientifically? This has, naturally, led to an examination both into the nature of scientific knowledge, more especially in those fields in which scientific study has won its greatest successes- such as physics, chemistry, astronomy- and into the possibilities of developing similar bodies of knowledge in the field of what are commonly called the social sciences. W. W. Cook.' Walter Wheeler Cook, Herman Oliphant, and Hessel Yntema formed a distinctly homogeneous trio among the widely divergent band of legal scholars …

The Meaninglessness Of The Plain Meaning Rule, Michael R. Merz

University of Dayton Law Review

The contemporary lawyer and judge confront, in the mine run of their daily work, a mountain of statutes. In an unprecedented way, law today is statute law, and few legal problems have escaped the tender mercies of the legislature. Statutory interpretation is a daily and pressing task for virtually every lawyer.

And yet, there is no generally accepted consistent theory to guide this work. The late Henry Hart and Dean Albert Sacks argue forcefully, "[T]he hard truth of the matter is that American courts have no intelligible, generally' accepted, and consistently applied theory of statutory interpretation." ' This conclusion is …

Brain Studies And Legal Scholarship, Peter D. Junger

Case Western Reserve Law Review

No abstract provided.

Private Speech And The Private Forum: Givhan V. Western Line School District, Frederick Schauer

Faculty Publications

No abstract provided.