Digital Commons Network^™

Why We Should Abolish Florida's Elected Cabinet, Jon C. Moyle

Florida State University Law Review

No abstract provided.

Prisoner's Rights - Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Works

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

The Future Of Fetal Research In California: A Proposal For Change, Paula L. Lehmann

San Diego Law Review

This comment explores statutes regulating fetal research and the trend to regulate experimentation through legislation. The author begins by giving an overview of fetal research including exactly what the term fetal research means. The author then discusses the emergence of the fetal research controversy around the time of Roe v. Wade . Next the author examines California 's legislative response to the controversy and the effect of these regulations on research in California . Finally, the author discusses the possible federal legislation and the problems that might be involved in such legislation.

Physician Advertising: The First Amendment And The Sherman Act, William C. Canby Jr., Ernest Gellhorn

Duke Law Journal

No abstract provided.

April 18, 1978, University Of Michigan Law School

Res Gestae

•1st Annual Law Revue is Smash Hit •SFF •WLSA End of the Year Report •Day Old Bread •Police Brutality and Community Relations in the Southwest •Campbell Chapter Phi Alpha Delta Banquet •Professors to Receive Honorary Degrees •Lack of Facilities for Women- Possible Title IX Violation

Overcrowding In Oklahoma's Prisons, James W. Tilly

Tulsa Law Review

No abstract provided.

First Amendment Restrictions On The Ftc's, Robert D. Eckinger

Vanderbilt Law Review

The Supreme Court has suggested a "degree of protection"approach to reconcile the first amendment protection of commercial speech with the need to effectively regulate false or misleading advertising. In so doing, however, the Court has failed to establish clearly the judicial standard of review appropriate in examining regulative measures. In the absence of adequate guidance, several circuit court decisions have adopted an unjustified standard of strict judicial scrutiny. The continued use of this standard by the circuit courts in reviewing FTC decisions will present increasing institutional problems for the courts and will seriously undermine the Commission's ability to protect consumers …

Intermountain Farmers Association V. Jim Fitzgerald : Brief In Support Of Respondent's Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a judgment of the Third Judicial District Court of Salt Lake County. Honorable Gordon R. Hall, Judge.

Pesticide Regulation: Why Not Preventive Legislation?

Nova Law Review

Technological advancements are, by and large, inspired by economic considerations.

The Federal And State Response To The Problem Of Child Maltreatment In America: A Survey Of The Reporting Statutes

Nova Law Review

Society's concern with the abuse and neglect of children is not a new phenomenon, but as a result of heightened awareness by professionals and by the public in general, this problem is receiving new and intense scrutiny.

Civil Liability In Child Abuse Cases, Rowine Hayes Brown, Richard B. Truitt

Chicago-Kent Law Review

No abstract provided.

Corrective Advertising: Panacea Or Punishment, Linda Osgood Johnston

Duquesne Law Review

No abstract provided.

Nova Law Review Full Issue Volume 2

Nova Law Review

No abstract provided.

Dedication, William B. Aycock

North Carolina Journal of International Law

No abstract provided.

Legal Implications Of Population Control: A Practical Reevaluation Of Some Human Rights Considerations, Susan C. Eisenhauer

Fordham International Law Journal

In recent years, much attention has been devoted to the problems of overpopulation and attempts at slowing population growth. The number of people is expanding at an alarming rate, thereby threatening the physical environment as well as the quality of human life. The United Nations has not adequately dealt with the population problems. This paper outlines the existing problem and its ramifications, and discussses the UN position regarding human rights in the area of family planning. Questions are raised, as to what the rights consist of, if they are absolute, and if protection of the quality of life should limit …

Fairness And Unfairness In Television Product Advertising, Michigan Law Review

Michigan Law Review

The first section of this Note explores the impact of television product advertising on viewer attitudes. The next two sections set forth the statutory basis on which the Federal Communications Commission and the Federal Trade Commission could provide for the effective presentation of contrasting points of view on controversial issues implicitly or explicitly raised by television product advertising, could ensure that the implicit messages of such advertisements are delivered fairly and without deception, and could counter the adverse effects of such advertising. The purpose of these sections is not to predict actual regulatory behavior, for in fact the FCC and …

Institutional Review Boards And Public Health Research: An Analysis, L. Lynn Hogue

Faculty Publications By Year

No abstract provided.

With Justice For All (And Legal Services For Some), Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Legal Duty To The Unborn Plaintiff: Is There A Limit, Frank Gulino

Fordham Urban Law Journal

Author traces the history of legal duty in prenatal injury cases and examines the factors which contributed to the expansion and evolution of such duty. Author examines the approaches used by courts in deciding whether to grant a cause of action for prenatal injuries and analyzes recent decisions and what effect they may have on the future prenatal injury litigation.

De Novo Review Under The Food Stamp Act: Interpreting "Administrative Action", Thomas Tesoro

Fordham Urban Law Journal

Note examines the judicial review of the Secretary of Agriculture’s determination of households eligible for the food stamp program and compares the various approaches adopted by different circuits.

Prisoner's Rights -- Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Law Review Articles

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.

Home Box Office And The Fcc's Reasonably Ancillary Jurisdiction

Washington and Lee Law Review

No abstract provided.

Recent Decisions, Lloyd F. Leroy, Shelley B. O'Neill, Thomas E. Settles

Vanderbilt Journal of Transnational Law

Commodity Futures Trading Commission Act of 1974--Commodity Futures Trading Commission Regulating that Restrict Dealers in Foreign Options More Severely than Dealers in Futures Contracts are not Arbitrary or Capricious

Lloyd F. LeRoy

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Customs--Countervailing Duties--Rebates of Nonexcessive Excise Taxes Do Not Constitute a Bounty Subject to Countervailing Duties

Shelley B. O'Neill

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Jurisdiction--Exercise of in REM and Quasi in Rem Jurisdiction Justified only Where International Shoe Minimum Contacts Standard is Satisfied

Thomas E. Settles

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SECURITIES REGULATION--Extraterritorial Application of the Anti-fraud Provisions--Federal Securities Laws Grant Jurisdiction When There is Some Activity in Furtherance of a Fraudulent Scheme Committed Within the …

Session Law 78-322, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Equal Protection And Welfare Legislation: The Need For A Principled Approach, Lynda D. Frazier

Seattle University Law Review

The Supreme Court decision in Maher v. Roe, denying an equal protection claim to Medicaid payments for elective abortions, illustrates the Court's inconsistent application of minimal rationality standards to socioeconomic legislation. This comment analyzes Maher in light of recent irreconcilable Supreme Court decisions involving similar equal protection claims to welfare payments. It shows that the Court's standard of review vacillates between deferential abdication to the legislature and unexplained judicial interventionism, and concludes that until the Court adheres to a consistent and principled approach to minimal rationality review, equal protection will remain an area for unrestrained imposition of judicial, rather …

The Rights Of Children: A Trust Model, Connie K. Beck, Greta Glavis, Susan A. Glover, Mary Barnes Jenkins

Fordham Law Review

No abstract provided.

Age Discrimination In Employment: The 1978 Adea Amendments And The Social Impact Of Aging, Thomas J. Reed

Seattle University Law Review

This article will explore the sociology behind the original Age Discrimination in Employment Act (ADEA), the structure of the 1967 ADEA, its weaknesses and strengths during its ten-year life, and the effectiveness of the 1978 amendments in dealing with the problems inherent in the original Act.

Appendix A Geneva Convention Relative To The Treatment Of Prisoners Of War Of August 12, 1949, Howard S. Levie

International Law Studies

No abstract provided.

The Opinion Volume 18 Number 4 – November 3, 1977, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 3, 1977

Distributive And Retributive Justice In Canada, Patrick Kerans

Dalhousie Law Journal

The publications of the Law Reform Commission raise many ethical issues. One question - how distributive justice affects the working of retributive justice - is raised in several of their studies but not yet explicitly faced. This paper' approaches the question by way of a reflection on Paul Weiler's lucid and balanced argument, presented in "The Reform of Punishment". 2 1 fully agree with the polemic thrust of Weiler's essay, namely, that the rehabilitative model of corrections, which views crime as a disease, is inadequate and leads to injustice. What I aim to do here is to analyse and subject …