Digital Commons Network^™

National Health Planning And Resources Development Act Of 1974: Implications For The Poor, Ken Wing, A. G. Schneider

Faculty Articles

The National Health Planning and Resources Development Act of 1974, was signed into law on January 4, 1975, following a lengthy legislative struggle. During the past 11 months, the fighting among private and public health interests has continued, although the principal arena has shifted from the Congress to the Department of Health, Education and Welfare, which is charged with primary responsibility for implementing the law. While the final outcome of this political conflict is still difficult to foresee, some informed estimates can already be made concerning the implications of this legislation for the poor. This article will not summarize the …

A Survey Of Antitrust Law In The European Economic Community, Michael B. Blume

Santa Clara Law Review

No abstract provided.

Books Received, Journal Staff

Vanderbilt Journal of Transnational Law

Chile: The Balanced View

Edited by Francisco Orrego Vicuna

Santiago: The University of Chile, 1975. Pp. 298.

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Codification in the Communist World--Symposium in Memory of Zsolt Szirmai Organized by Donald Barry, F.J.M. Feldbrugge & Dominick Lasok

Leiden: A.W. Sijthoff, 1975. Pp. xv, 353. $42.50.

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Crimes against Internationally Protected Persons: Prevention and Punishment

By Louis M. Bloomfield & Gerald F. Fitzgerald.

New York: Praeger Publishers, 1975. Pp. xviii, 272. $16.50.

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Criminal Justice in Eighteenth Century Mexico

By Colin M. MacLachlan

Berkeley: University of California Press, 1974. Pp.viii, 141. $9.00.

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EEC Anti-Trust Law--Principles and Practice

By D. Barounos, …

The Value Of Comparative Constitutional Law, Donald P. Kommers

Journal Articles

The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.

The Constitutional Right To One's Good Name: An Examination Of The Scholarship Of Mr. Justice Rehnquist, Mark Tushnet

Kentucky Law Journal

No abstract provided.

Freedom From Discrimination In Choice Of Language And International Human Rights, Myres S. Mcdougal, Harold D. Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Metamorphosis Of Larceny, George P. Fletcher

Faculty Scholarship

To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …

The Right To Religious Freedom And World Public Order: The Emerging Norms Of Nondiscrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The Legal Imagination And Language: A Philosophical Criticism, Thomas D. Eisele

University of Colorado Law Review

No abstract provided.

Integrative Jurisprudence, Jerome Hall

UC Law Journal

In this article, Professor Hall describes the ways in which he proceeded to construct a philosophy of law "for our times." He finds partial truths and also fallacies in the dominating legal philosophies-legal positivism, natural law, and sociology of law. He delineates the salient features of his "integrative jurisprudence" in which the basic concept is "law-as-action."

The Notaire In North America: A Short Study Of The Adaptation Of A Civil Law Institution, Barlow Burke

Scholarly Articles in Law Reviews & Journals

Recent studies of American conveyancing have shown a tendency to compartmentalize the process of land transfer into stages: finding a property, financing its acquisition, proving title to it, and closing the transaction. This certainly helps clarify descriptive studies, but it diverts attention from the deficiencies in the existing process. The stages outlined are too neat and lack a sense of continuity. For example, between the finding and the closing stages lie the drafting and execution of a contract of sale, escrow instructions, a mortgage, and finally a deed. In negotiating the terms of these documents, one of the deficiencies found …

Insurance, Maximilian A. Pock

Mercer Law Review

No abstract provided.

Memorandum, Gay Alliance Of Students V. Matthews, United States District Court For The Eastern District Of Virginia Richmond Division, 1975 November 7

VCU Gay Alliance of Students Collection

Twenty-two typewritten pages and two handwritten pages (on the back of typewritten pages) memorandum by Judge D. Dortch Warriner, United States District Judge, in regards to Gay Alliance of Students v. Matthews.

United States V. Mandujano, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Washington V. Davis, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Chicanos In The Schools: An Overview Of The Problems And The Legal Remedies, Joe C. Ortega, Peter D. Roos

Notre Dame Law Review

No abstract provided.

Abolishing Multiple Majority Referendum Requirements: Is This The Cure For Metropolitan Ills?, Barbara M. Ryniker

Buffalo Law Review

No abstract provided.

Interstitial Jurisprudence Illustrated In Teaching Criminal Law, David A. Funk

Journal of Legal Education

No abstract provided.

Due Process In School Discipline: The Effect Of Goss V. Lopez, William R. Fletcher

San Diego Law Review

Courts which have faced the question of whether the due process clause applies to school disciplinary hearings have held both ways. Until recently, the United States Supreme Court had declined to hear the issue. This changed, however, with the Court's five to four decision in Goss v. Lopez, where the court held that the due process clause does apply to school disciplinary proceedings. This Comment will analyze Goss and compare it with the case law developed in the lower courts.

Search And Seizure--Police Officers Executing Search Warrants Must Announce Their Authority And Purpose And Be Refused Admittance Before Even A Technical Breaking Is Allowed, Mandy Welch

Tulsa Law Review

No abstract provided.

Equal Educational Opportunity, Constitutional Uniformity And The Defunis Remand, Arval A. Morris

Washington Law Review

The purpose of this article is to set forth competing notions of equal educational opportunity, indicating which may be appropriate at the state and federal levels, and to review and comment on the inconclusive history of one case that involved the crucial question whether a state's racially conditioned law school admissions program is consistent with a state's constitutional duty to afford equal educational opportunity—DeFunis v. Odegaard.

Flexibility Without Arbitrariness In The Zoning System: Observations On North Carolina Special Exception And Zoning Amendment Cases, Michael B. Brough

North Carolina Law Review

No abstract provided.

Law As An Instrument Of Social Control And Law As A Facilitation Of Human Interaction, Lon L. Fuller

BYU Law Review

No abstract provided.

The Good Society And The Complexity Of The Structure Of Morality, Hector-Neri Castaneda

IUSTITIA

In this paper I have two main purposes: (i) to outline the most general structure of morality, which is the fundamental schema of a good society, and (ii) to indict most of the mainstream views in the history of moral philosophy for their unchecked tendency toward reductionism and oversimplification. The tendency to oversimplification appears both in the gathering of the data for philosophical theorizing and in the theorizing itself. I will also point out another major recurring error in moral philosophy. I envision the day when moral philosophers, after examining their ontological and their methodological assumptions, rally to the banner …

How To Make Desegregation Work: The Adaptation Of Schools To Their Newly-Integrated Student Bodies, Gary Orfield

Law and Contemporary Problems

No abstract provided.

Mexican Americans As A Legally Cognizable Class Under Rule 23 And The Equal Protection Clause, Richard Delgado, Vicky Palacios

Notre Dame Law Review

No abstract provided.

Freedom Of Expression And The Mentally Disordered: Philosophical And Constitutional Perspectives, Lawrence O. Gostin

Notre Dame Law Review

No abstract provided.

In The Last Resort: A Critical Study Of The Supreme Court Of Canada, L. C. Green

Dalhousie Law Journal

Paul Weiler has given us a book which can help end the sterile debate between the analytical school and those who advocate a policy-oriented approach to legal analysis. Weiler demonstrates that each of these groups is making a valid claim on our legal system in terms of the common law tradition, and that an appropriate style of legal reasoning in the Supreme Court of Canada requires a blending of legal policy and doctrinal analysis. The interesting thing to discover is that the style of reasoning urged by Weiler looks like the tradition of the common law at its best, as …

Volume 47, Issue 9 (1975)

Obiter Dicta

No abstract provided.

The Meaning And Role Of Prescriptive And Descriptive Statements: Particularly In The Legal Universe Of Discourse, Ivanhoe Tebaldeschi

Syracuse Journal of International Law and Commerce

In a sense, any positive legal system can be considered as a body of prescriptive statements. Prescriptive statements represent indications of models of conduct. They include most often the linguistic expression "ought" (or "ought not") which works as a link between the grammatical subject and the predicate of the relevant sentence. Accordingly, prescriptive statements have also been called "ought-statements." This name has been mainly adopted in order to contrast prescriptive statements with descriptive statements, which are accordingly called "is-statements."

Another label for prescriptive statements is "deontic statements" or "statements having a deontic quality." Deontic quality imports a conceptual reflexion or …