Digital Commons Network^™

Future Roles For Lawyers: Reflections On Crossing The Bar, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Administrative Law—Judicial Review Of Administrative Decisions—Requirement Of Hybrid Procedures In Informal Rule-Making—Union Oil Co. V. Fpc, 542 F.2d 1036 (9th Cir. 1976), Thomas J. Masenga

Loyola of Los Angeles Law Review

No abstract provided.

Volume 49, Issue 8 (1976)

Obiter Dicta

No abstract provided.

Third Law Of The Sea Conference: Fishing Rights Of Landlocked States, Tariq Hassan

University of Miami Inter-American Law Review

No abstract provided.

Where Now For Saving Lives?, Richard Zeckhauser, Donald Shepard

Law and Contemporary Problems

No abstract provided.

Child-Rearing And Child Advocacy, Albert J. Solnit

BYU Law Review

No abstract provided.

Washington Jails: A Legislative Failure, Bob Free

Washington Law Review

This article will examine the present condition of Washington's jails and the existing statutes governing them. It concludes that the passage of comprehensive jail standards legislation is needed to protect the rights of the confined.

Equal Protection, Social Welfare Litigation, The Burger Court, Mark S. Coven

Notre Dame Law Review

No abstract provided.

Regulation Of Nursing Homes - Adequate Protection For The Nation's Elderly., Roberta Gail Weatherby

St. Mary's Law Journal

Abstract Forthcoming.

The Law School, Robert G. Byrd

North Carolina Law Review

No abstract provided.

The Legacy Of The Stubborn And Rebellious Son, Irene Merker Rosenberg, Yale L. Rosenberg

Michigan Law Review

In twentieth century America, as in Biblical ,times, parents unable to subdue their disobedient children are authorized to invoke the coercive power of the state. As recently as 1971, for example, the Supreme Judicial Court of Massachusetts rejected constitutional challenges to the state's "stubborn child" law, which at the time of its original enactment in 1646 was patterned after the above-quoted verse from Deuteronomy. The court upheld an adjudication that an adolescent girl who refused to submit to a medical examination, used vulgar language, slammed doors, and stayed outside the home "probably talking with the boys," was a "stubborn child" …

Statutory Preclusion Of Judicial Review Under The Administrative Procedures Act, Robert F. Holland

Duke Law Journal

No abstract provided.

Synopses Of Recent Books

IUSTITIA

Synopses Of Recent Books

The Conflicts Between Female Inmates' Needs And Prisoners' Goals, Aline L. Mohr

IUSTITIA

A comparison of the purposes behind the existence of male and female institutions reveals that several common goals exist: custody, deterrence, and rehabilitation. An examination of these goals of women's prisons can be best understood in the context of whom they are aimed to serve. If the goals are to serve society alone, then the custody of female offenders is undoubtedly viewed as an accomplished goal, since society is protected and secure from the infliction of criminal acts by these female offenders. However, if the goals are directed at the inmates as well, deterrence of further criminal activity and rehabilitation …

Newsletter - 1976-02-26, E. De La Garza

Kika de la Garza Congressional Papers - Newsletters

No abstract provided.

Fetal Research--The Legislative Answer, Roberta Sue Core

West Virginia Law Review

No abstract provided.

Puttkammer V. Commissioner Of Internal Revenue, Robert English

Maryland Journal of International Law

No abstract provided.

The Principle Of The Least Restrictive Alternative For Mentally-Retarded Persons: The Constitutional Issues, David L. Chambers

Book Chapters

Mentally retarded people are people. When strong reasons exist to treat them differently from other people, they should be provided the necessary services, restraint, or protection through means that intrude as little as possible on their freedom to live the life that others are permitted to live. "Normalization" is the term professionals use to define the goal and the process of helping mentally retarded citizens lead a "normal" life. The attainment of this goal involves undoing the multitude of formal constrictions governments have typically placed on the retarded citizen's freedom: his place of residence, his schooling, his control over his …

The Pill And The Code, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The National School Lunch Act: An Unfulfilled Mandate, Joseph Degiuseppe, Jr.

Fordham Urban Law Journal

For the past thirty years, the National School Lunch Act (Act) has attempted to advance two objectives; the preservation of the health and well-being of the nation's youth and the encouragement of domestic consumption of agriculture commodities. The Act provides for aid to state educational agencies that elect to participate in the National School Lunch Program (NSLP). The national standard for eligibility for free lunches is governed by 42 U.S.C. 1758. It is unclear whether the language of section 1758 which states "[l]unches served by schools participating in the school-lunch program," applies to individual participating schools or entire school districts …

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

The Economics Of The 1974 Federal Election Campaign Act Amendments, Sam Kazman

Buffalo Law Review

No abstract provided.

Administrative Law-Incompleted Title Vii Administrative Proceedings Not-Terminated By Judicial Review- Federal Employee May Present New Evidence In Court

University of Richmond Law Review

The Equal Employment Opportunity Act of 1972 (EEOA) extended certain provisions of Title VII of the Civil Rights Act of 1964 to federal employees. One such provision extended is contained in § 717(c) . Under this section a federal employee alleging employment discrimination is granted access to a United States district court in two situations: when administrative relief is not provided within 180 days after the filing of the original complaint; or, upon final action being taken by either the agency involved or the Civil Service Commission.

Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein

Fordham Law Review

No abstract provided.

Public Procedures For The Promulgation Of Interpretative Rules And General Statements Of Policy, Charles H. Koch Jr.

Faculty Publications

No abstract provided.

Administrative Law: Current Progress Of Native American Broadcasting--Status Of Indian Ownership, Bonnie Schomp

American Indian Law Review

No abstract provided.

Prescription Drugs And Open Housing: More On Commercial Speech, Howard Hunter

Research Collection Yong Pung How School Of Law

It has long been an assumption of American democracy that the liberties guaranteed by the First Amendment to the Constitution are fundamental to the development and success of a democratic society. The freedom to speak one's mind, to publish one's thoughts, to petition the government for a redress of grievances, and to worship or to refrain from worshipping according to one's conscience are those freedoms which set a democratic society apart from other forms of political organization. They provide the individual with the opportunity for self-fulfillment and the society with the benefit of the thoughts, ideas, and aspirations of an …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Staff Scrapbook, Dec. 1975

Assembled by Congressional Staff c 1958-1976

No abstract provided.