Digital Commons Network^™

Indian Child Welfare Act Of 1978: A Response To The Threat To Indian Culture Caused By Foster And Adoptive Placements Of Indian Children, Manuel P. Guerrero

American Indian Law Review

No abstract provided.

The Power Of Language: Presentational Style In The Courtroom, John M. Conley, William M. O'Barr, E. Allan Lind

Duke Law Journal

No abstract provided.

The Fourth Amendment In Flux: The Rise And Fall Of Probable Cause, Ronald J. Bacigal

Law Faculty Publications

This article will demonstrate the Supreme Court's inability to develop an objective methodology to derive and apply fourth amendment principles under either the traditional probable cause approach or the balancing approach. A detailed analysis of traditional probable cause will reveal that its premises are ultimately subjectively derived? This examination will also show that returning to traditional probable cause would necessitate resurrecting the unrealistic premise that an individual's privacy interest is always outweighed by the government's interest in searching if the authorities meet a static standard of probable cause. The article will then discuss the advent of the balancing approach and …

Speech And Speech - Obscenity And Obscenity: An Exercise In The Interpretation Of Constitutional Language, Frederick Schauer

Faculty Publications

Commentators have criticized the Supreme Court's use of the "two-level" theory of speech to place obscenity beyond the pale of the first amendment. They charge the Court with shirking the task of balancing first amendment values and the states' interests in regulating obscene material. Professor Schauer meets this criticism by examining the meaning of the word "speech" in the context of the purposes of the first amendment and the Constitution as a whole. He concludes that "speech"does not include a category.of obscenity'that performs the function of a surrogate sexual act and is lacking in communicative content. The Court's treatment of …

The Right Of An Indigent Defendant To An Interpreter In A Civil Trial: Jara V. Municipal Court, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards

UC Law Journal

The author examines the jurisprudential foundations of the constitutional right of privacy to explain how the idea of human rights justifies the application of such a right of privacy to consenting adult homosexual acts.

Report To The Joint Committee Of The California Legislature On Tort Liability On The Problems Associated With American Motorcycle Association V. Superior Court, John G. Fleming

UC Law Journal

The California Legislature Joint Committee on Tort Liability was formed in response to complaints regarding the high cost of liability insurance and the assertion of insurers that the uncertainty of the tort liability system allows higher and more frequent recoveries for liability claims. Because of the controversy aroused by American Motorcycle Association v. Superior Court, the Committee requested Professor Fleming to prepare this report identifying and analyzing those areas that are properly the subject of legislative action and that remain unresolved in the opinion. The unedited Report is reprinted here with the permission of the Committee.

The Right To Life, George P. Fletcher

Faculty Scholarship

In the theory of rights we repeatedly encounter the problem of reconciling someone's having a right with his properly suffering damage to the interest protected by the right. In the case of right to life, we have to assess numerous cases in which individuals are killed or allowed to die, and we wish nonetheless to affirm their right to life. These cases include killing an aggressor in self-defense, accidental homicide, terminating life-sustaining therapy, and capital punishment.

My program in this Article is to provide an account of how it is that those with a right to life may nonetheless be …

Women's Self-Defense Under Washington Law—State V. Wanrow, 88 Wn. 2d 221, 559 P.2d 548 (1977), Jennifer Marsh

Washington Law Review

The Washington Supreme Court, in State v. Wanrow, examined the issue of self-defense for women under Washington law and held that the application of traditional self-defense rules resulted in prejudicial treatment of women defendants. This note will examine the meaning of the Wanrow decision and offer support for its holding in light of available psychological and sociological data. Additionally, this note will suggest a special analytical framework utilizing social science data to test accepted legal doctrines for latent sex discrimination. The importance of these data in exposing such discrimination will be shown by examining related cases in the area of …

The Judging Class, Kenneth M. Casebeer

University of Miami Law Review

The author traces the common thread running through the analysis of judicial review by the symposium speakers. He posits that while all three speakers support equally activist positions, their allegiance to divergent values and political theories results in their opposed statements on the activist debate. He compares the dialogue in this symposium to that of the Justices in the 1940's, which discourse explicitly was grounded in a struggle over values. The author concludes that courts must structure the form of their opinions in a manner which clearly demonstrates the relationship between the chosen social values and the resulting decision.

Burden Of Proof In Racial Discrimination Actions Brought Under The Civil Rights Acts Of 1886 And 1870: Disproportionate Impact Or Discriminatory Purpose?

BYU Law Review

No abstract provided.

The Forum (Volume 8, Number 3), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

The Advocate, The Advocate, Fordham Law School

The Advocate

Five Added to Faculty; Blue Cross Group Plan Dropped After Mix-up; FLS Lands in Top Ten In Two National Polls; Legal Aid Debuts at Fordham;

The Indian In Latin America: Approaches To Administration, Integration, And Protection, Lee Swepston

Buffalo Law Review

No abstract provided.

Land And The Forest-Dwelling South American Indian: The Role Of National Law, Joseph C. Grasmick

Buffalo Law Review

No abstract provided.

Bilingual Education: The Hispanic Response To Unequal Educational Opportunity, Peter D. Roos

Law and Contemporary Problems

Discusses the nature of the right to bilingual education, the nature of the program that must be provided, who is directly responsible for it, and the potential conflict between court-mandated desegregation and the support of bilingual programs.

Government By Judiciary: The Transformation Of The Fourteenth Amendment. By Raoul Berger, Randall Birdwell

Duke Law Journal

No abstract provided.

Legal Problems Relating To Ownership Of Gas Found In Coal Deposits, Patrick C. Mcginley

West Virginia Law Review

No abstract provided.

The Legal Persona: An Essay On The Professional Mask, James R. Elkins

Law Faculty Scholarship

The legal profession offers little opportunity for the practitioner to analyze the fundamental constructs underlying the legal system or the dynamics of the lawyering process. Jurisprudence and legal education traditionally have emphasized the external aspects of law, implying that man is a rational decisionmaker who freely controls his life and shapes societal institutions., This approach is unrealistic because it neglects the psychological dimension of man and the complexity of man's behavior. Jurisprudential scholars and legal educators should recognize that a growing body of sophisticated literature in linguistics and anthropology as well as social psychology and psychiatry is also relevant to …

A Call For Legislative Action: The Case For A New Jersey Court Interpreters Act, Marilyn R. Frankenthaler, Herbert L. Mccarter

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

A Model Court Interpreters Act, Gerard J. Gilligan, William J. Bryers

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Res Ipsa Loquitur, Seton Hall University School Of Law

Newspapers

No abstract provided.

The Peasants As A Revolutionary Class: An Early Latin American View, Harry E. Vanden

Government and International Affairs Faculty Publications

We do not regard Marx's theory as something completed and inviolable; on the contrary, we are convinced that it has only laid the foundation stone of the science which socialists must develop in all directions if they wish to keep pace with life.

Voiceprints, D. M. Stotland, G. O. Brown

Dalhousie Law Journal

The use of the voiceprint technique of speaker indentification was first suggested in 1962 by a Mr. Lawrence Kersta who was at that time a worker at the Bell Research Laboratories in the United States of America. 1 Since that time, the technique has been subject to a great deal of legal and scientific controversy in the United States. The desire of the authors to write this article stems from the fact that very recently the technique has been considered twice by courts in Canada, albeit only at the trial level.2 In both cases expert opinion based on voiceprint analysis …

April 26, 1978, University Of Michigan Law School

Res Gestae

•Quad Residents Upset With Construction Din •La Raza National Convention Report •Notice •Day Old Bread •Crusader Rabbit Presents: The 1st Punk Rock Ode To Law School •Docket •LSSS Notes •Tentative Budget 1978-79 Approved by LSSS 4/17/78 •Al's Sports Corner

Reluctant Reform: Recent Changes In Unemployment Compensation In Florida, Kathleen Phillips

Florida State University Law Review

No abstract provided.

Loye E. Martindale, Darwin W. Larson, Carol W. Clay Logan City Municipal Corporation; And The Municipal Council Of Logan City V. Mayor Desmond L. Anderson, City Attorney J. Blaine Zollinger, City Auditor And Budget Director Duane A. Beck : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

An Appeal from the Judgment of the First Judicial District Court in and for The County of Cache, State of Utah

The Classical Economic Model And The Nature Of Property In The Eighteenth And Nineteenth Centuries, Charles S. Telly

Tulsa Law Review

No abstract provided.

Reverend Joseph J. Donovan, S. J. 1891-1977—In Memoriam, Frederick J. Lower Jr.

Loyola of Los Angeles Law Review

No abstract provided.

Conservatorship For The "Gravely Disabled": California's Nondeclaration Of Nonindependence, Grant H. Morris

San Diego Law Review

This article addresses the evolution and current use of the Lanterman-Petris-Short Act conservatees and evaluates the adequacy of counsel in representing potential conservatees through a study of the conservatorship adjudicatory process. The author begins by explaining the history of California law regarding civil commitment for the mentally disordered. The author then continues on to discuss the Lanterman-Petris-Short Act and some of its problems. Next, the author discusses a proposed solution. The author concludes by giving a real world example of how the law actually operates and calls upon lawyers representing proposed conservatees to make the most of the their opportunity …