Digital Commons Network^™

Developing The Retirement Benefit Formula - Key To Corporate Pension Planning, James B. Zischke

Santa Clara Law Review

No abstract provided.

The Reorganization Alphabet Soup - Federal Tax Consequences, G. Booker Ellis Jr.

Santa Clara Law Review

No abstract provided.

Evidence - Scientific Testimony - Voiceprint Evidence Is Admissible In Criminal Trials, David A. Engen

North Dakota Law Review

No abstract provided.

Enforcement Of The Merger Laws By Private Party Litigation, Earl W. Kintner, Merle F. Wilberding

Indiana Law Journal

No abstract provided.

Improved Policy Making For The Multiple Use Of Public Lands, Christopher J. Dunsky

University of Michigan Journal of Law Reform

The purpose of this article is to analyze the failure of past legislative attempts to define public land policy effectively, to examine current proposals for change, and to present an alternative proposal for a clearer statutory definition of policy.

Equal Protection--Defacto Racio-Economic Classifications Not Constitutionally Suspect, Law Review Staff

Vanderbilt Law Review

The fourteenth amendment's prohibition that "no state shall deny to any person within its jurisdiction the equal protection of the laws has long been held to require not only that each person be afforded a "fair" administration of state statutory commands, but also that the laws themselves be "equal."' This requirement of equal laws, however, has not been interpreted to mean that statutes must apply uniformly to all persons; rather the courts have held that legislatures may fashion laws that affect separate classes of persons unequally, as long as the classifi- cations involved are reasonable. While this judicial standard of …

Doctrines Of Sovereign Immunity And Act Of State--Conflicting Consequences Of State Department Intervention, Law Review Staff

Vanderbilt Law Review

The doctrine of sovereign immunity' prohibits the courts from assuming jurisdiction of a foreign sovereign without that sovereign's voluntary acquiescence, and the act of state doctrine prohibits the courts from assuming jurisdiction to judge the acts of a foreign sovereign performed within the geographical borders of its own country. In the United States, a judicial determination of self-restraint under either of these two doctrines effectively operates to bar further litigation on complaints brought against foreign governments or their instrumentalities and on complaints brought against private individuals, but based on the acts of their sovereigns. Despite the common policy foundations of …

Book Review. Massive Industrial Size, Classical Economics, And The Search For Humanistic Value, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Environmental Regulation Of Power Plant Siting: Existing And Proposed Institutions, A. Dan Tarlock, Roger Tippy, Frances Enseki Francis

Articles by Maurer Faculty

No abstract provided.

Insurance: No-Fault: An Invitation To More Accidents, Lawrence Lawton

Marquette Law Review

No abstract provided.

The Constitutionality Of Candidate Filing Fees, Michigan Law Review

Michigan Law Review

Early in the twentieth century a "progressive impulse" captured the energies of this country's burgeoning urban middle class. Sickened by the corruption and scandals of the nineteenth century and fearful of the rising influx of European immigration, the so-called Progressives began working for political reform. The emphasis of this reform was primarily structural. Rather than by a remodeling of the citizenry, reform was to be achieved by "a careful and scientific adjustment of the machinery of government for the correction of prevalent evils." Progressives pushed such reforms as initiative, recall, referendum, and frequent elections in the belief that these measures …

Reapportionment--Nine Years Into The "Revolution" And Still Struggling, Michigan Law Review

Michigan Law Review

Malapportioned legislative districts traditionally have inhibited the effective working of government at the federal, state, and local levels. By 1960, the population disparities among legislative districts had attained such great magnitude "that the integrity of representative government was in many instances endangered." The underrepresented victims of malapportionment sought relief through the courts. Initially the Supreme Court, ever hesitant to enter the "political thicket," declined to address itself to reapportionment controversies. This era of judicial inaction ended in 1962 with the Court's ruling in Baker v. Carr, in which the plaintiffs overcame the formidable barrier posed by the political-question doctrine. …

The Constitutionality Of Resident/Non-Resident Tuition Differentials, T.C.R. Legare Jr.

South Carolina Law Review

No abstract provided.

Applying Persuasion Techniques To Trial Proceedings, Harold B. Hayes

South Carolina Law Review

No abstract provided.

Damages, Thomas C. Salane

South Carolina Law Review

No abstract provided.

Actions For Damages For Air Pollution Injuries, Robert B. Pearlman

South Carolina Law Review

No abstract provided.

Education, Jurisdiction, And Inadequate Facilities As Causes Of Juvenile Delinquency Among Indians, Jay R. Petterson

North Dakota Law Review

No abstract provided.

Major Functions Of Law In Modern Society Featured, David A. Funk

Case Western Reserve Law Review

No abstract provided.

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.

Apportionment: Past To Future, John Dudis

Montana Law Review

Apportionment: Past to Future

Conflicts Between Seamen's Remedies And Workmen's Compensation Acts, Arthur Larson

Fordham Law Review

No abstract provided.

America's Changing Environment--Is The Nepa A Change For The Better?

Fordham Law Review

No abstract provided.

The U.S. Merchant Fleet: Patterns For The Seventies (U), Glenn Edward Whisler Jr.

Marine Affairs Theses and Major Papers

An analysis of recent U.S. maritime legislation in order to predict the possible effect it may have on our merchant fleet growth patterns for the seventies. Major attention is devoted to the Merchant Marine Act of 1970 which the Administration and Congress hopes will halt the continuing decline of the U.S. merchant fleet. The investigation is limited to the shipbuilding industry and is concerned primarily with government incentives, provided to both shipbuilders and shipowners, designed to stimulate new building programs. This study finds that the U.S. merchant fleet will experience a healthy growth during this decade as a result of …

Symposium: Law, Language, And Communication - Introduction, Ovid C. Lewis

Case Western Reserve Law Review

No abstract provided.

Constitutional Law - Trial By Jury - Unanimity In Criminal Trials [Johnson V. Louisiana, 406 U.S. 356 (1972); Apodaca V. Oregon, 406 U.S. 404 (1972)], Jane Kober

Case Western Reserve Law Review

No abstract provided.

Compulsory Education In The United States: Big Brother Goes To School, Robert P. Baker

Seton Hall Law Review

No abstract provided.

Negligence - Medical Malpractice - Should Lack Of Diligence In Diagnosis Resulting In Loss Of Chance To Live Be A Compensable Injury? - Cooper V. Sisters Of Charity Of Cincinnati, Inc., 27 Ohio St. 2d 242, 272 N.E.2d 97 (1971)., Stephen Horn

Seton Hall Law Review

No abstract provided.

Judicial Protection Of The Environment: A New Role For Common-Law Remedies, Frank E. Maloney

Vanderbilt Law Review

There is a tendency today to look to the legislatures to provide the cure for all environmental maladies,' and to overlook or underrate the potential of common-law remedies to assist in the proper solution of these problems. Although it is undoubtedly true that in some jurisdictions the common-law remedies have been interpreted so restrictively as to make them practically useless as tools for environmental protection, a number of forward-looking courts are developing and applying the law in a way much more favorable to the environment. Other courts that have remained uncommitted may be in a position to follow current trends …

The Origins Of Ambivalence In Transnational Norms, Frederick O. Bonkovsky

Vanderbilt Journal of Transnational Law

Grotius' magnum opus of 1625, "De Jure Belli ac Pacis", represented the culmination and summary of Western international norms through the 17th century. But Grotius' explicit statement of international mores in legalized terms marked a departure from medieval thought. By secularizing natural law and, more importantly, by recognizing the new international system of the sovereign nation-states, Grotius made major alterations in transnational theory, thus earning the sobriquet, "father of international law."

As will be seen, however, a serious ambivalence marked Grotius' views. His modernity was demonstrated most notably in his recognition that international politics was the province of a number …

Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz

Faculty Scholarship

Tax reform is one of those motherhood issues-everybody's for it. Election year 1972 generated many far-reaching tax reform proposals which, if enacted, would have a profound impact on virtually every segment of American society. Senator McGovern recommended taxing capital gains at the same rates as ordinary income, eliminating almost $7 billion granted to businesses by reducing the investment tax credit and depreciation allowances, and offering state and local governments a 50 percent interest subsidy to encourage them to issue taxable, rather than tax-exempt, bonds. In addition, he proposed eliminating the percentage depletion allowance and the deduction for intangible drilling expenses …