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Articles 21241 - 21270 of 24049
Full-Text Articles in Entire DC Network
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
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 …
Antitrust Scrutiny Of The Health Professions: Developing A Framework For Assessing Private Restraints, Robert F. Leibenluft, Michael R. Pollard
Antitrust Scrutiny Of The Health Professions: Developing A Framework For Assessing Private Restraints, Robert F. Leibenluft, Michael R. Pollard
Vanderbilt Law Review
This Article has suggested that courts adopt an intermediate level of scrutiny, between per se and Rule of Reason analysis. Under this analysis, a rebuttable presumption of illegality attaches to those practices which in other contexts are per se illegal. The weight of this presumption varies with the familiarity of the court with the restraint, its similarity to traditional per se conduct, and the strength of the procompetitive justification.This analytical approach is desirable for two reasons. First,courts are reluctant to apply commercial per se rules of illegality to professional restraints, and with good reason. Professional practices do differ from purely …
Vol. 4, No. 6 (April 24, 1981)
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
United States V. Payner--Constriction Of The Federal Courts' Supervisory Power, Mary Rich Lewis
West Virginia Law Review
No abstract provided.
Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester
Beyond Custody: Expanding Collateral Review Of State Convictions, Timothy C. Hester
University of Michigan Journal of Law Reform
This article advocates extension of collateral review to embrace all parties alleging deprivation of federally guaranteed rights in the state criminal process, regardless of whether the party fulfills the habeas corpus custody requirement. Part I assesses the sufficiency of Supreme Court certiorari jurisdiction to monitor adequately state adjudications of federal constitutional rights, coupled with an evaluation of the technical competency and institutional posture of state courts. Part II examines the significance of the custody limitation on collateral review, both as a substantive element of habeas corpus relief and as a mechanism for funnelling limited judicial resources. Part III presents two …
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Prospective Waiver Of The Right To Disqualify Counsel For Conflicts Of Interest, Michigan Law Review
Michigan Law Review
Part I of the Note discusses canon 4, first explaining the presumptions and policies that underlie it, then arguing that courts should enforce prospective waivers of the presumption of shared confidences when conditioned on the law firm's effective screening of client confidences - keeping them from the attorneys within the firm who will take part in the adverse representation. Part II turns to canon 5, and argues that prospective waivers of the presumption of diluted loyalties should be enforced against clients moving to disqualify law firms for a canon 5 violation.
Tangling With Entanglement: Toward A Constitutional Evaluation Of Church-State Contacts, James A. Serritella
Tangling With Entanglement: Toward A Constitutional Evaluation Of Church-State Contacts, James A. Serritella
Law and Contemporary Problems
No abstract provided.
Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett
Aesthetic Regulation Under The Police Power: The New General Welfare And The Presumption Of Constitutionality, Beverly A. Rowlett
Vanderbilt Law Review
This Article will examine the existing methods of analysis employed by courts in reviewing primarily aesthetic regulations, as well as the way in which those methods have been affected by the courts' continually evolving interpretation of the concept of general welfare. The Article argues that in many cases in which regulations based solely or primarily on aesthetic considerations have been upheld, the essential constitutional inquiries have been misdirected. This is because "nonaesthetic" justifications are asserted that either are wholly derived from aesthetic benefits, or have no basis in fact--and need none because of the presumption of constitutionality. Because the more …
City Of South Salt Lake V. Debbie L. Hanna : Brief For Respondent, Utah Supreme Court
City Of South Salt Lake V. Debbie L. Hanna : Brief For Respondent, Utah Supreme Court
Utah Supreme Court Briefs (1965 –)
Appeal from a Judgment of Conviction entered in the Third Judicial District Court in and for Salt Lake County. Honorable Christine M. Durham.
Punitive Damages In Mass-Marketed Product Litigation, Laura Greenberg
Punitive Damages In Mass-Marketed Product Litigation, Laura Greenberg
Loyola of Los Angeles Law Review
No abstract provided.
Vol. 4, No. 4 (February 6, 1981)
Book Review: A Theory Of Criminal Justice By Jan Corecki. New York: Columbia University Press. 1979. Pp. Xv, 185. $15.00., Ira Robbins
Book Reviews
Review of A Theory of Criminal Justice by Jan Corecki. New York: Columbia University Press. 1979. Pp. xv, 185. $15.00.
Procedure: Pretrial Criminal Procedure, P. Raymond Lamonica
Procedure: Pretrial Criminal Procedure, P. Raymond Lamonica
Louisiana Law Review
No abstract provided.
Prescribing Solidarity: Contributing To The Indemnity Dilemma, Bruce V. Schewe, Martha Quinn Thomas
Prescribing Solidarity: Contributing To The Indemnity Dilemma, Bruce V. Schewe, Martha Quinn Thomas
Louisiana Law Review
No abstract provided.
Judicial Review And The Problems Of Southern Africa, Michael M. Corbett Honorable
Judicial Review And The Problems Of Southern Africa, Michael M. Corbett Honorable
Loyola University Chicago Law Journal
No abstract provided.
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Village Of Schaumburg V. Citizens For A Better Environment, 444 U.S. 620 (1980), Janet Jacobowitz
Florida State University Law Review
Constitutional Law-FREEDOM OF SPEECH-ORDINANCE RESTRICTING SOLICITATION OF FUNDS BY CHARITIES RESTRICTS FREEDOM OF SPEECH
Custodial Interrogation Of Juveniles In The United States And Florida, Christopher K. Vogel
Custodial Interrogation Of Juveniles In The United States And Florida, Christopher K. Vogel
Florida State University Law Review
No abstract provided.
Criminal Procedure; Presentence Investigation And Report Probation-- Confiscated Property, Univeristy Of The Pacific, Mcgeorge School Of Law
Criminal Procedure; Presentence Investigation And Report Probation-- Confiscated Property, Univeristy Of The Pacific, Mcgeorge School Of Law
Pacific Law Journal Review of Selected Nevada Legislative
No abstract provided.
Environmental Protection; Management Of Hazardous Waste, Univeristy Of The Pacific, Mcgeorge School Of Law
Environmental Protection; Management Of Hazardous Waste, Univeristy Of The Pacific, Mcgeorge School Of Law
Pacific Law Journal Review of Selected Nevada Legislative
No abstract provided.
The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith
The Poorly Financed Causes Of Little People: How Can They Survive The Multitude Of Regulations, 14 J. Marshall L. Rev. 319 (1981), Robert Goldsmith
UIC Law Review
No abstract provided.
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold
Duquesne Law Review
The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.
Ua12/8 Departmental Newsletter, Wku Police
Ua12/8 Departmental Newsletter, Wku Police
WKU Administration Documents
WKU Police departmental newsletters for 1981.
Taxation: Some Guidelines For Structuring Transactions , Gary G. Belkin
Taxation: Some Guidelines For Structuring Transactions , Gary G. Belkin
Chicago-Kent Law Review
No abstract provided.
Casenotes: Executive Power — Executive Privilege — Privilege Of Executive To Shield Information From Discovery — Doctrine Of Executive Privilege Recognized In Maryland To Prevent Disclosure Of Official Information. Hamilton V. Verdow, 287 Md. 544, 414 A.2d 914 (1980), Joann Ellinghaus-Jones
University of Baltimore Law Review
No abstract provided.
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld
Articles
There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …
Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn
Eeoc V. City Of Janesville: Promoting Age Discrimination - The Exception Becomes The Rule, 14 J. Marshall L. Rev. 895 (1981), James E. Debruyn
UIC Law Review
No abstract provided.
The No-Duty Rule In New York: Should Company Doctors Be Considered Co-Employees?, Glenn Jenkins
The No-Duty Rule In New York: Should Company Doctors Be Considered Co-Employees?, Glenn Jenkins
Hofstra Law Review
No abstract provided.
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
Violence In Professional Sports: A Proposal For Self-Regulation, Don Eugene-Nolan Gibson
UC Law SF Communications and Entertainment Journal
No abstract provided.
Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson
Municipal Ownership Of Cable Television: Some Issues And Problems, Michael J. Henderson
UC Law SF Communications and Entertainment Journal
No abstract provided.
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
UC Law Constitutional Quarterly
No abstract provided.