Digital Commons Network^™

The Concepts Of Similarity And Indirect Protection Under Eec Treaty Article 95: The Alcohol Cases, Steven R. Swanson

Vanderbilt Journal of Transnational Law

One of the purposes of the Common Market is to create a single economic unit in which the sector that produces a particular good most efficiently will do so while driving out less efficient industries. This maximizes the use of scarce monetary, raw material, and labor resources. For example, assuming that there are no trade barriers, if the Italians can produce grapes more cheaply than the Germans, they will do so and export the grapes to Germany. Conversely, Germany may be able to export cars if it can produce them more efficiently and cheaply than the other Common Market states. …

Search And Seizure Of Containers Found In Automobiles: The Supreme Court Struggles For A "Bright Line" Rule, James M. Mccauley

University of Richmond Law Review

Two recent decisions by the United States Supreme Court have added a new dimension to the law of search and seizure of automobiles and containers found within motor vehicles. The plurality opinion in Robbins v. California'held that a closed opaque container found in the luggage compartment of a station wagon during the course of a lawful vehicle search could not be seized without a warrant. However, in New York v. Belton, a majority held that a police officer, incident to a lawful custodial arrest of an occupant of an automobile, may search the passenger compartment of that automobile and examine …

The Immunity Of Local Governments And Their Officials From Antitrust Claims After City Of Boulder, J. Robert Brame Iii, Howard Feller

University of Richmond Law Review

On January 13, 1982, the United States Supreme Court rendered an opinion against the City of Boulder, Colorado, which expanded the potential liability of local governmental entities and their officials to claims under the federal antitrust laws. The Supreme Court essentially held that a municipality cannot obtain immunity from antitrust claims unless it satisfies a stringent test. Due to the broad language of the opinion, virtually every activity in which a local governmental entity engages, including the traditional activities of zoning, licensing, franchising, purchasing and operating public utilities, has become subject to antitrust challenges that may require a trial on …

Granting Charitable Tax Exemptions To Racially Discriminatory Schools, Kathleen Mcdonough

Kentucky Law Journal

No abstract provided.

Kentucky Law Survey: Criminal Procedure, William H. Fortune

Kentucky Law Journal

No abstract provided.

Constitutional Limitation Of Congressional Commerce Clause Power , Patricia S. Henry

Chicago-Kent Law Review

No abstract provided.

Products Liability--An Analysis Of The Law Concerning Design And Warning Defects In Workplace Products, Charles E. Carpenter Jr.

South Carolina Law Review

No abstract provided.

Punitive Damages In Strict Products Liability Litigation, Nadine E. Roddy

William & Mary Law Review

No abstract provided.

Evaluation Of City Of Boston Fair Housing Programs: The Final Report, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

The City of Boston's 3-year Pair Housing Plan (1981-83) identifies the following six goals for achieving greater freedom of choice in housing for its minority residents: 1) To improve the delivery of services relative to the enhancement of freedom of choice to all minorities in Boston as they relate to fair housing; 2) To increase enforcement of fair housing laws; 3) To increase public safety and security to assure equal access throughout the City of Boston; 4) To Increase the participation of all minorities and low-and moderate-income people in all City of Boston housing programs; 5) To increase low-cost housing …

The Opinion Volume 22 Number 6 – November 30, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 30, 1981. Includes Onion spoof issue insert.

The Opinion Volume 22 Number 5 – November 19, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 19, 1981

The Forum [Volume 11, Number 3], Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Judicially Created Defenses To The Unauthorized Use Of Trademarks, Jonathan Binnie

Northern Illinois University Law Review

This comment identifies circumstances in which courts have permitted the unauthorized use of anothers' trademark where the use was outside the exceptions enumerated in the Lanham Act. The author ascertains underlying policy interests being protected and unifying principles in each defense, then sets forth the elements necessary to raise these defenses to claims of trademark infringement and unfair competition.

San Diego Gas & Electric: A Regulation Gone Too Far?, Harlan J. Spiroff

Northern Illinois University Law Review

This note analyzes the dissenting view of the Court that the mere imposition of a zoning regulation can affect a permanent or temporary taking of property for which compensation must be paid under the fifth and fourteenth amendments.

The Scope Of The Bona Fide Occupational Qualification Exemption Under The Age Discrimination In Employment Act, Charles J. Ryan Jr.

Chicago-Kent Law Review

No abstract provided.

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

Administrative Detention In Israel And The Occupied Territories, Richard Gladstein

Antioch Law Journal

Administrative detention in any form curtails civil liberties. Yet the vast majority of countries use administrative detention in times of perceived national emergency.' In an enduring state of crisis, Israel has enacted an administrative detention statute designed to safeguard the security of the state and the due process rights of detainees. This comment will examine preventive detention in Israel and the occupied territories in the context of Israeli and international law.2Administrative detention refers to the confinement of individuals by the executive branch of government for imperative security reasons.3 Such detention frequently involves more flexible rules of procedure, evidence, conviction, and …

The Opinion Volume 22 Number 1 – September 17, 1981, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 17, 1981

Section 1981 Liability For Racially Discriminatorysectarian Schools, A. Kirkland Molloy

Washington and Lee Law Review

No abstract provided.

Permissible Scope Of Osha Inspection Warrants, Barbara M. Maczynski

Cornell Law Review

No abstract provided.

Waste Not, Want Not: The Role Of The State In Nuclear Waste Facility Siting, Daryl H. Owen

Louisiana Law Review

No abstract provided.

Jurisdiction Over Persons, Things And Status, Kenneth M. Murchison

Louisiana Law Review

No abstract provided.

Graham V. Estuary Properties, Inc., 399 So.2d 1374 (Fla. 1981), Anthony E. Diresta

Florida State University Law Review

Environmental Regulation/Constitutional Law-"TAKING" JURISPRUDENCE AND ITS APPLICATION TO REGULATIONS OF SENSITIVE ECOLOGICAL ENVIRONMENTS

Impact Fees: An Answer To Local Governments' Funding Dilemma, Julian Conrad Juergensmeyer, Robert Mason Blake

Florida State University Law Review

No abstract provided.

The Deceptive 'Right To Know': How Pessimism Rewrote The First Amendment, Gerald J. Baldasty, Roger A. Simpson

Washington Law Review

In the decade of the 1940's, particularly in the years just after World War II, freedom of the press, which had been newly elevated and protected by the Supreme Court in the 1930's, began to suffer the corrosive effects of doubt about the strength of the American political system. Among the devastations of war was the failure of the intellectuals' confidence in the mettle of the American citizenry. By the mid-1960's, one consequence was clear: The first amendment no longer meant that the American press was expected to speak freely; it had begun to mean that much of what the …

Liability For Parole Decisionmaking: The Absence Of Discretion In The Parole Process, Robert F. Polglase

Mercer Law Review

In Payton v. United States, the Fifth Circuit Court of Appeals held that the United States was liable under the Federal Tort Claims Act, for the parole of a federal prisoner who, following release, murdered plaintiff's wife. The court concluded that such parole decisionmaking did not come within the discretionary function exemption of the Federal Tort Claims Act (FTCA).

The T.C. Williams School Of Law Newsletter: Summer 1981

Richmond Law Magazine

Features:

New Library Wing Completed

Virginia General Assembly Spring 1981 - Candids

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Charting Compliance Under The Age Discrimination In Employment Act, John D. Blackburn

Chicago-Kent Law Review

No abstract provided.

S.B. 297: Procedural Changes In Civil Commitment For Those Found To Be Not Guilty By Reason Of Insanity In Ohio, Frank Nagatani, Ned J. Nakles

University of Dayton Law Review

In April 1980, the Ohio General Assembly enacted Senate Bill 297. The bill was promulgated to provide specific changes in the procedures for the civil commitment and release hearings of persons found not guilty by reason of insanity (NGRI). This legislation was enacted as an emergency measure in response to increasing public unrest over the release of NGRI patients. Much of the concern was seemingly precipitated by recent, well publicized trials in which the defendants pled not guilty by reason of insanity following charges of murder. The new bill was designed to correct procedural flaws in the present insanity law …