Digital Commons Network^™

Tort Law-Constitutional Privilege Does Not Extend To Defamation Concerning A Private Individual On A Public Issue

University of Richmond Law Review

In a libel action at common law, proof of a defamatory publication established liability unless either truth or privilege could be shown. Damage to the plaintiff's reputation was presumed, entitling him to general damages. In the United States, the punishment of libelous words did not raise a constitutional problem, although the Constitution prevented restraint of publication.

Legal Aspects Of A United States Foreign Sports Policy, James A.R. Nafziger

Vanderbilt Journal of Transnational Law

The father of the modern Olympic Games, Baron Pierre de Coubertin, envisaged international athletic exchange as the "free trade of the future." No nation would regulate this trade to its political advantage. The Olympic Games, as well as other international political arenas, would be unpolluted by political currents. To a remarkable extent, considering the course of twentieth century history, these aspirations have been met. But athletic exchange, like other forms of human interaction, nevertheless remains exposed to sovereign intervention; a measure of politics is inevitable in any transnational activity, whether in the United Nations or a global convention of medieval …

Publication Of Libel In Montana: Lewis V. Reader's Digest Association, Maxon R. Davis

Montana Law Review

Publication Of Libel In Montana: Lewis v. Reader's Digest Association

Symbolic Speech, Finbarr J. O'Neill

Fordham Law Review

No abstract provided.

Case Notes

Fordham Law Review

No abstract provided.

Recent Developments In German Antitrust Law, Dr. Kurt E. Markert

Fordham Law Review

No abstract provided.

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …

State Legislative Ratification Of Federal Constitutional Amendments: An Overview, Philip L. Martin

University of Richmond Law Review

Article V of the United States Constitution sets out the amend- ment procedure, which consists of two stages, proposal and ratification. Each stage, in turn, offers two alternative procedures which can be interchanged to provide four means of effecting constitutional alteration. An amendment may be proposed either by a two-thirds vote of each house of Congress or by a national convention assembled upon proper application by the legislatures of two-thirds of the states; and an amendment may be ratified, as Congress decides, either by three-fourths of the state legislatures or by conventions in three-fourths of the states. To date, the …

Note, Abortion And The Constitution: The Need For A Life-Protective Amendment, Robert A. Destro

Scholarly Articles

As a result of the recent congressional hearings held on proposed constitutional amendments designed to overturn the rulings of the United States Supreme Court concerning abortion, the abortion controversy has once again become a major topic of public interest. The author seeks to identify the two distinct areas of debate involved in the issue and to discuss, in particular, the central topic raised by many of the proposals-the rights of the unborn.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

Privacy And Summary Judgment: New Test, New Beneficiaries, Diana L. Armenakis

Seton Hall Law Review

No abstract provided.

A Retrospective Analysis Of United Nations Activity In The Congo And Its Significance For Contemporary Africa, Agola Auma-Osolo

Vanderbilt Journal of Transnational Law

U Thant's decision to take action against Katanga's secession--a decision that was welcomed by most African countries--must have been motivated, at least in part, by his Third World sympathies as well as his views as to the significance of chapter VII of the United Nations Charter. It was his positive attitude toward the Afro-Asian bloc, of which his own country is a member, that determined the decision U Thant made. Had U Thant been from the West, it is more likely that his decision would not have deviated from that of Hammarskjold...

With these experiences, it is therefore hoped that …

Non-Conforming Political Opinion And Human Rights: Transnational Protection Against Discrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Case And Materials On Federal Regulation Of The Electronic Media, Michael Botein

Articles & Chapters

No abstract provided.

God And Government At Yale: The Limits Of Federal Regulation Of Higher Education, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas, Barbara F. Katz, Robert G. Trakimas

Faculty Scholarship

"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …

State Consumer Protection In A Federal System, Robert M. O'Neil

Articles by Maurer Faculty

Increasing interest in consumerism has brought intensified efforts at every level of government to protect the consumer. While federal regulation seems desirable for nationally marketed products and interstate activities, the states retain the duty to protect the health and safety of their citizens. Where state regulation is more restrictive than concurrent federal regulation, however, the constitutional issue of preemption arises.

This Article analyzes the factors which have influenced the courts in resolving conflicts between federal and state regulation in the consumer field. Emphasizing the need for concurrent regulation, the author formulates guidelines by which the courts can examine the purposes …

Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn

Articles

No abstract provided.

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

Georgetown Law Faculty Publications and Other Works

Mental illness is usually described as an impaired ability to communicate effectively. Yet the societal response--both historically and under modem psychiatric practice--has been to retard, rather than encourage, the acquisition of linguistic skills. This impediment to normal social intercourse leaves individual interests in free expression ineffectuated; it concerns the legal profession because the government condones and enforces the restriction of first amendment rights in a potentially large segment of the population. This article examines the philosophical justification for free communication for the mentally handicapped. It further suggests a systematic application of the first amendment to the particular problems of the …

The New Due Process: Rights And Remedies, Doug Rendleman

Kentucky Law Journal

No abstract provided.

Minute No. 242 - Permanent And Definitive Solution To The International Problem Of The Salinity Of The Colorado River, International Boundary And Water Commission

Natural Resources Journal

No abstract provided.

Union Waiver Of Initiation Fees During The Organizational Campaign, T. Kennedy Helm Iii

Kentucky Law Journal

No abstract provided.

Confirmation Of Nelson A. Rockefeller As Vice President Of The United States, Committee On The Judiciary. House Of Representatives. United States.

Watergate Era

Report issued by House Committee on the Judiciary following its hearings on the nomination of Nelson Rockefeller to be the 41st Vice President of the United States. President Gerald Ford had nominated Rockefeller pursuant to Section 2 of the Twenty-Fifth Amendment following Ford’s succession to the presidency upon President Richard Nixon’s resignation.

December 6, 1974, University Of Michigan Law School

Res Gestae

•Notices •Defender of the Faith •TKO? •Letters •Computers Don't Argue •Argie Ants •Prose •ABA •Kidding? •Louie Law in Final Exam •Lefty's Losers •Sports Poll

Dedicatory Address: Clinical Education In Law School, Lewis F. Powell Jr.

South Carolina Law Review

No abstract provided.

Press Councils: The Answer To Our First Amendment Dilemma, John A. Ritter, Matthew Leibowitz

Duke Law Journal

No abstract provided.

Zahn V. International Paper: Taking The Action Out Of Class Action, Or Can Zahn Be Avoided?, Richard P. Berg

San Diego Law Review

The Supreme Court's decision last term in Zahn v. International Paper Co. was greeted in the news media with prophecies of doom for class actions brought in federal court. Though the media's concern was earnest, upon closer inspection, Zahn does not nearly have such a virulent effect. There is little doubt, however, that Zahn will be a serious hurdle to many class action litigants in federal court.

The Consumer Class Action: An Endangered Species, Peter H. Schuck, Marsha N. Cohen

San Diego Law Review

In 1967, Judge Marvin Frankel of the United States District Court for Southern District of New York said of the then newly revised federal class action rule, Fed. R. Civ. P. 23, that it "tends to ask more questions than it answers." Professor Benjamin Kaplan, reporter for the new civil rules, predicted that generation or so would pass before the scope, the virtues, and the vices of the new Rule 23 would be fully appreciated. But the 1973-74 Supreme Court term, with its significant class action decisions, has accelerated that process. Now, only eight years later, we know that revised …

Protection Of Computer Programs: Resurrection Of The Standard, John J. Mchugh

Notre Dame Law Review

No abstract provided.

The Opinion Volume 15 Number 4 – November 14, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 14, 1974