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Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish Jan 1978

Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish

Faculty Scholarship

No abstract provided.


Problems In The Application Of The Fairness Doctrine To Commercial Advertisements, J. Kurt Straub Jan 1978

Problems In The Application Of The Fairness Doctrine To Commercial Advertisements, J. Kurt Straub

Villanova Law Review (1956 - )

No abstract provided.


Living Probate: The Conservatorship Model, John H. Langbein Jan 1978

Living Probate: The Conservatorship Model, John H. Langbein

Articles

No abstract provided.


Of Men And Laws: Murphy, Cornford, Arnold, Potter, Parkinson, Peter, Maccoby, And Gall, Melvin J. Sykes Jan 1978

Of Men And Laws: Murphy, Cornford, Arnold, Potter, Parkinson, Peter, Maccoby, And Gall, Melvin J. Sykes

Maryland Law Review

No abstract provided.


The Supreme Court, October 1977 Term, Bernard Schwartz Jan 1978

The Supreme Court, October 1977 Term, Bernard Schwartz

UC Law Constitutional Quarterly

No abstract provided.


Constitutional Review: Supreme Court, October 1977 Term, Marc H. Greenberg, Jeanne La Borde Scholz, Anne Hiaring, Rosemary Hart Jan 1978

Constitutional Review: Supreme Court, October 1977 Term, Marc H. Greenberg, Jeanne La Borde Scholz, Anne Hiaring, Rosemary Hart

UC Law Constitutional Quarterly

No abstract provided.


A Symposium Introduction: The Special Value Of Settlements In Educational Employment Relations Act Proceedings, Reginald Alleyne Jan 1978

A Symposium Introduction: The Special Value Of Settlements In Educational Employment Relations Act Proceedings, Reginald Alleyne

Santa Clara Law Review

No abstract provided.


Perb - The Agency's Role, James W. Tamm Jan 1978

Perb - The Agency's Role, James W. Tamm

Santa Clara Law Review

No abstract provided.


Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher Jan 1978

Communications Law - Television - Antisiphoning Rules Governing Movie And Sports Content Of Pay Cable Television Exceeded Jurisdiction Of Fcc Under Federal Communications Act, Jennifer Hess Asher

Villanova Law Review (1956 - )

No abstract provided.


Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison Jan 1978

Constitutional Law - Free Press/Fair Trial - Pretrial Suppression Hearing May Be Closed In Order To Preserve Defendant's Right To A Fair Trial, Douglas Robison

Villanova Law Review (1956 - )

No abstract provided.


1978-1979 School Year, St. Mary's University School Of Law Jan 1978

1978-1979 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.


Barriers To Effective Public Participation In Regulation Of The Legal Profession, Charles W. Wolfram Jan 1978

Barriers To Effective Public Participation In Regulation Of The Legal Profession, Charles W. Wolfram

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Due Process Methodology And Prisoner Exchange Treaties: Confronting An Uncertain Calculus, Irwin P. Stotzky, Alan C. Swan Jan 1978

Due Process Methodology And Prisoner Exchange Treaties: Confronting An Uncertain Calculus, Irwin P. Stotzky, Alan C. Swan

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.


Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard Jan 1978

Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard

Faculty Scholarship

In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …


The Review Of The College Of Law Alumni Association, Winter 1978, University Of Kentucky College Of Law Jan 1978

The Review Of The College Of Law Alumni Association, Winter 1978, University Of Kentucky College Of Law

Annual Magazines

No abstract provided.


The Right Of Self-Representation And The Power Of Jury Nullification, Frank A. Kaufman Jan 1978

The Right Of Self-Representation And The Power Of Jury Nullification, Frank A. Kaufman

Case Western Reserve Law Review

No abstract provided.


Cross-Examination Of A Witness To The Good Character Of A Criminal Defendant In Indiana Jan 1978

Cross-Examination Of A Witness To The Good Character Of A Criminal Defendant In Indiana

Valparaiso University Law Review

No abstract provided.


Language, Law, Sports, And Culture: The Transferability Or Non-Transferability Of Words, Lifestyles, And Attitudes Through Law, Jack A. Hiller Jan 1978

Language, Law, Sports, And Culture: The Transferability Or Non-Transferability Of Words, Lifestyles, And Attitudes Through Law, Jack A. Hiller

Valparaiso University Law Review

No abstract provided.


Community Development Corporations: A Legal Analysis, John T. Baker Jan 1978

Community Development Corporations: A Legal Analysis, John T. Baker

Valparaiso University Law Review

No abstract provided.


Advertising By Public Utilities As An Allowable Expense For Ratemaking: Assault On Management Prerogative, Michael A. Meyer Jan 1978

Advertising By Public Utilities As An Allowable Expense For Ratemaking: Assault On Management Prerogative, Michael A. Meyer

Valparaiso University Law Review

No abstract provided.


Secrecy And Real Property, Dale A. Whitman Jan 1978

Secrecy And Real Property, Dale A. Whitman

Faculty Publications

It is not unusual for owners of real property to wish to conceal from government or the public either the fact of their ownership or certain salient characteristics of the property they hold. The objective of this article is to consider the extent to which this desire for secrecy is supported by sound policy and American legal doctrine. It will focus on the civil recourse available to an owner of real property against private persons who, without the owner's knowledge and consent, reveal information about the ownership or physical characteristics of the property. The article will also consider whether the …


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression (With Endress), Stephen W. Gard

Law Faculty Articles and Essays

The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. The admonition that the perceived wisdom of governmental regulations should never be confused with the issue of their constitutionality remains appropriate. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily have much to say by implication on this issue. The purpose of this article is rather to assess the impact of Pacifica on the two traditions of freedom of expression which continue …


Televised Trials: Constitutional Constraints, Practical Implications, And State Experimentation, Shelly Byron Kulwin Jan 1978

Televised Trials: Constitutional Constraints, Practical Implications, And State Experimentation, Shelly Byron Kulwin

Loyola University Chicago Law Journal

No abstract provided.


The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen Jan 1978

The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen

Cleveland State Law Review

At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …


The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress Jan 1978

The Impact Of Pacifica Foundation On Two Traditions Of Freedom Of Expression, Stephen W. Gard, Jeffrey Endress

Cleveland State Law Review

The United States Supreme Court, in FCC v. Pacifica Foundation, had a magnificent opportunity to either begin the process of defining first amendment limitations on the scope of the authority of the FCC to regulate the content of broadcast expression, explicate a rational ground for the differential status of broadcasting, or perhaps both. The purpose of this article is not to debate the wisdom of the use of sensitive language on the electronic media or elsewhere. Nor is it our purpose to debate the substantive question of whether the Court reached the proper result in Pacifica, although we will necessarily …


Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation Of Constitutionality, Robert J. Liberatore Jan 1978

Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation Of Constitutionality, Robert J. Liberatore

University of Baltimore Law Review

The fourth amendment to the United States Constitution proscribes "unreasonable searches and seizures" and requires that warrants be issued only upon probable cause. There is no distinction drawn between an administrative inspection and a criminal search. Yet, a different treatment has evolved in Supreme Court decisions on these two classifications of searches. This Comment addresses Maryland's warrantless administrative inspection laws in light of the standards that the Court has applied to similar enactments.


Legal Drafting: Writing As Thinking, Or, Talk-Back From Your Draft And How To Exploit It, Reed Dickerson Jan 1978

Legal Drafting: Writing As Thinking, Or, Talk-Back From Your Draft And How To Exploit It, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Victim Categories Of Crime, Marvin E. Wolfgang, Simon I. Singer Jan 1978

Victim Categories Of Crime, Marvin E. Wolfgang, Simon I. Singer

Journal of Criminal Law and Criminology

No abstract provided.


Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker Jan 1978

Unleashing Cable T.V., Leashing The Fcc: Constitutional Limitations On Government Regulation Of Pay Television, Jo Ann Becker

Fordham Urban Law Journal

Article examines the Federal Communications Commission’s 1975 decision to prohibit cablecasters from showing certain types of programming, on the rationale that pay cablevision, through successful competitive bidding, would ‘siphon’ this programming away from broadcast television and deprive the general public of popular programming. Article discusses the history behind the decision, the court of appeals’ treatment of the FCC rules and the decision’s possible effect on future pay cable regulations


The Shopping Center Radius Clause: Candidate For Antitrust, Elizabeth Steele Jan 1978

The Shopping Center Radius Clause: Candidate For Antitrust, Elizabeth Steele

SMU Law Review

No abstract provided.