Digital Commons Network^™

Volume 48, Issue 11 (1975)

Obiter Dicta

No abstract provided.

The Role Of Tax Policy In Federal Support For Higher Education, John B. Kirkwood, David S. Mundel

Law and Contemporary Problems

No abstract provided.

Trial De Novo Under The Food Stamp Act Of 1964: The Permissible Limits Of Judicial Intrusion

William & Mary Law Review

No abstract provided.

Legislating Child Protection, James A. Louis, David A. Ruhnke

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Inter-American Legal Developments, R. C. Benitez

University of Miami Inter-American Law Review

No abstract provided.

Administrative Law—Judicial Review—"Mental Process" Privilege Prevents Discovery Of Existence Of Agency Head's Statutorily-Required Personal Decision—National Nutritional Foods Association V. Food & Drug Administration, 491 F. 2d 1141 (2d Cir. 1974), Robert O'Callahan

Washington Law Review

Within 13 days of being named Commissioner of the Food and Drug Administration (FDA), Commissioner Schmidt issued "14 final regulations, 13 proposed regulations and six notices stretching over many pages of the Federal Register. Schmidt was authorized to make the requisite final review of the National Nutritional Foods Association's objections prior to issuing final FDA regulations. The final regulations, which govern the public sale of dietary supplements, were preceded by a recital that the Commissioner had considered the evidence from public hearings, the hearing examiner's report and all the later exceptions and written arguments filed against the regulations. Petitioners argued …

1974 Developments In Welfare Law Aid To Families With Dependent Children, Leslie J. Kelly

Cornell Law Review

No abstract provided.

1974 Developments In Welfare Law The Supplemental Security Income Program, Peter C. Houtsma

Cornell Law Review

No abstract provided.

The Law School, Robert G. Byrd

North Carolina Law Review

No abstract provided.

Western Regional Offices Of The Law Students, George Moscone

Senator Moscone

Moscone's statement endorsing a progressive law student organization

The Role Of The Geographically - Disadvantaged States In The Law Of The Sea, Lewis M. Alexander, Robert D. Hodgson

San Diego Law Review

One of the more ambiguous terms to have surfaced in recent law of the sea negotiations is in reference to certain States as being "geographically-disadvantaged." Few criteria have been spelled out for inclusion in such groups, and the only serious suggestions for distinguishing among degrees of disadvantage have been those which tend to put land-locked States in a special category of misfortune. For many years, the plight of the land-locked countries has attracted international attention: witness the 1921 Barcelona Convention, the provisions on their behalf in the 1958 Geneva High Seas convention, and the 1965 UNCTAD Convention on Transit Trade …

Education, Life Chances, And The Courts: The Role Of Social Science Evidence, Henry M. Levin

Law and Contemporary Problems

No abstract provided.

Poor People And Public Education In America: An Overview Of The Impact Of Oeo Legal Services Agencies On Public Education, Susanne Martinez

The Journal of Law and Education

No abstract provided.

Justiciability And Mental Health, Lewis H. Larue

Washington and Lee Law Review

No abstract provided.

Constitutional Law—Mandatory Pregnancy Leave Regulations Are Denial Of Due Process—Cleveland Board Of Education V. Lafleur, 414 U.S. 632 (1974), Daniel Clinton Sever

Washington Law Review

Regulations of the Cleveland, Ohio, Board of Education required that every pregnant teacher take a maternity leave at the end of her fourth month of pregnancy. The teacher was eligible for re-employment at the beginning of the school semester immediately after her child attained three months of age, providing she first submitted a doctor's certificate attesting to her health. The school board of Chesterfield County, Virginia, enacted a similar mandatory leave rule. However, Chesterfield County's re-employment rule did not condition the teacher's eligibility for re-employment on the age of her child; it provided that she was eligible for re-employment after …

The Creative Role Of Law, I. F. G. Baxter

Dalhousie Law Journal

A few years ago, the writer was asked by a professional association (concerned with pharmacy) to organize the legal side of a research project. The project was to examine the state of the profession and to produce a new design for the future. The suggestion was made that the legal part of the report should be done first so that the other reporters could know what they could or could not suggest in making their proposals. It was replied (by the legal researchers) that law too is a planning variable, and that law's true role is not to confine desirable …

Book Reviews, Errol S. Miller, Edward L. Graf

Duquesne Law Review

LEGAL RIGHTS OF THE MENTALLY HANDICAPPED. Edited by Bruce J. Ennis and Paul R. Friedman, with assistance by Bonnie Gitlin. New York: Practising Law Institute-Mental Health Law Project, 1973. Pp. 1533 in three volumes. $20.00.

THE LAW OF ADVERTISING. By George Eric Rosden and Peter Eric Rosden. New York: Matthew Bender & Co., 1974. Loose Leaf, in two volumes. $100.00.

Recent Developments

Fordham Law Review

No abstract provided.

No-Fault Automobile Insurance: Will The Poor Pay More Again, Wilbur C. Leatherberry

Case Western Reserve Law Review

No abstract provided.

Cable, Copyright, Communications: Controversy, Lee Fisher, Sam Salah

Cleveland State Law Review

This Note will examine the efforts of the courts, the legislature, and the Federal Communications Com-mission (FCC) to apply the Copyright Act of 1909 to the technological developments of the twentieth century. It is submitted that the significance of Teleprompter lies not in the Court's determination that there was no copyright infringement -for that finding will soon be negated by upcoming copyright law revision -but in the inability of the Court to discard past inflexible and unrealistic approaches to the 1909 Copyright Act. Offered is a different method of viewing cable communications in terms of the Copyright Act, which recognizes …

The Intrauterine Device: A Criticism Of Governmental Complaisance And An Analysis Of Manufacturer And Physician Liability, Walter Lee Mccombs, James F. Szaller

Cleveland State Law Review

It is difficult to understand how a product so intimately connected with a bodily function and presenting such a potential for serious harm was allowed on the market without pre-market clearances assuring that it had met at least minimum standards of safety. This development is especially distressing since there exists a governmental agency whose sole function is to protect the public interest in precisely this type of situation. Since the law of products liability should not deny a remedy to the unwary consumer whose reliance on the overzealous representations of the manufacturer ended in tragedy, this note will examine the …

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 …

Aid To Families With Unborn Dependent Children: May The States Withhold Benefits?, Michigan Law Review

Michigan Law Review

This note will examine whether the duty to provide aid to unborn children should be imposed on all states participating in the AFDC program. It will first consider the argument that denying such benefits violates the equal protection clause of the fourteenth amendment, but the bulk of the note will be devoted to an interpretation of the relevant provisions of the Social Security Act. The statutory analysis requires several steps. First, it is necessary to examine and interpret the cases in which the Supreme Court has analyzed the legitimacy of state-imposed eligibility conditions. The focus will then shift to the …

Intervention Between Parent And Child: A Reappraisal Of The State’S Role In Child Neglect And Abuse Cases, Judith C. Areen

Georgetown Law Faculty Publications and Other Works

Once a court agrees that it has sufficient cause to assume jurisdiction in order to protect a child, there is a high probability that the child will be separated from his family for months or years, or permanently. Despite the disruptive impact this process obviously can have on children and their families, at present there is little consensus about when a court should find that a particular child is neglected or abused. And just as there is little agreement on when intervention in a particular family is justified, there is little agreement about what forms of intervention are constructive.

The Role Of Tax Policy In Federal Support For Higher Education, John B. Kirkwood, David Mundel

Faculty Articles

The federal government has a wide range of instruments by which it can influence the nation's higher education system to produce socially desired outcomes. The challenge facing policymakers and planners is to maximize these socially desirable outcomes by selecting a desirable mix of programs and distributing among them scarce financial resources. This paper will attempt to (a) outline the bases for a policy development process that maximizes the desired program selection, and (b) identify possible roles of tax instruments in federal higher education policy.

November 15, 1974, University Of Michigan Law School

Res Gestae

•Editorial •The Poll •Docket •The Films •Invite •Round •Drivel •Black Letter Life •Senate •Argie Ant •Letters •Julian Bond •LSSS •Fish •Lefty's Losers •Football Poll

New Incentives For Middle Class Philanthropy: Radical Funding For The Public Good, Samuel M. Loescher

IUSTITIA

The recent expansions in membership and budget of the American Civil Liberties Union and, even more dramatically, the explosive funding by mail of newly-founded Common Cause and Public Citizen, all suggest the presence of evolutionary forces at work in the American political economy that are encouraging a renewal of middle class associations to monitor powerful institutions and to advocate in behalf of the relatively powerless.

The rash of whistle-blowing disclosures of citizen professionals which have alerted us to the multi-billion dollar wastage on C-5As and attack carriers, the existence of My-Lais, the military assemblage of dossiers on 30 million civilians, …

The Problem Of The Due Process Exclusion: Do Schools Have A Continuing Responsibility To Educate Children With Behavior Problems, Merle Mcclung

The Journal of Law and Education

No abstract provided.

Economic, Medical And Legal Aspects Of The Age Discrimination Laws In Employment, Irving Kovarsky, Dr. Joel Kovarsky

Vanderbilt Law Review

There is speculation that many colleges and universities will be hard hit in the near future by the EEOC because of sex discrimination. It can also be anticipated that the institutions of higher learning will soon be faced with many charges of age discrimination . Because of the limited funds available and the attitudes of some administrators, older employees who find it difficult to move to other jobs are given only small wage increases. This failure to match the cost of living of older employees while younger and more mobile members fare better proportionately may well be a sign of …

Benefits To The Unborn Under The Aid To Families With Dependent Children Program: Is There Legislative Intent., Gershon Dean Cohen

St. Mary's Law Journal

Abstract Forthcoming.