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Session Law 81-142, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Constitutional Law—Search And Seizure—Carroll Doctrine—"Automobile Exception"—Arkansas V. Sanders, Karin M. Burke

NYLS Law Review

No abstract provided.

The Representation Of Juveniles Before The Court: A Look Into The Past And The Future, Sarah Gabinet-Morgenstern

Case Western Reserve Law Review

No abstract provided.

Passport Revocations Or Denials On The Ground Of National Security And Foreign Policy, Evelyn Capassakis

Fordham Law Review

No abstract provided.

Democracy And Distrust: A Theory Of Judicial Review, Michael Conant

Vanderbilt Law Review

This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …

Passport Revocation: A Critical Analysis Of Haig V. Agee And The Policy Test, Joy Beane

Fordham International Law Journal

Part I of this Note will discuss briefly the history of the Passport Act and of travel control statutes with an emphasis on the changing nature and purpose of passports. That section will also review a significant case, decided in 1955 in which the power of the Secretary to deny a passport was challenged. Part II will examine the rationale underlying the Kent v. Dulles decision. Finally, Part III will focus on the Supreme Court's treatment of the issues presented in Haig v. Agee and will explore the effects of the Court's decision on first and fifth amendment rights.

Liberalization Of International Trade In The Service Sector: Threshold Problems And A Proposed Framework Under The Gatt, Marianna Maffucci

Fordham International Law Journal

This Comment will discuss problems inherent in creating a framework for liberalization of trade in the service sector and will propose a general plan for approaching those problems. Part One will examine the economic significance of the service sector world-wide. Part Two will consider problems in quantifying the service sector and in identifying barriers to trade in services. Part Three will look into the difficulties of building international consensus on the need for liberalization and efforts made to that end. To conclude, Part Four will explore the possibility of extending the GATT to cover services.

The Court Of Justice Of The European Communities: The Scope Of Its Jurisidction And The Evolution Of Its Case Law Under The Eec Treaty, John Mackenzie Stuart

Northwestern Journal of International Law & Business

The European Court of Justice, as the sole judicial institution of the European Communities, has evolved into a vigorous body asserting a strong cohesive influence upon the Member States through application of the principles asserted in the Communities' Treaties. In this article, Lord Mackenzie Stuart examines the jurisdiction of the Court in light of recent case law. In particular, Judge MacKenzie Stuart discusses doctrines of jurisdiction adopted by the Court and the application of these doctrines to recent developments involving free movement of goods and of persons within the Communities and other Treaty principles such as equal pay for men …

National Panasonic (U.K.) Ltd. V. Commission Of The European Communities: The Common Market's First Look At Warrantless Searches In Antitrust Investigations, Catherine C. Gale

Northwestern Journal of International Law & Business

In Antitrust Investigations National Panasonic (UK) Ltd v. Commission of the European Communities' is the first decision of the European Court of Justice delineating the powers of the European Commission to conduct evidentiary searches on the premises of firms suspected of violating the European Economic Community's antitrust laws. The Court held that the Commission may conduct on-the-spot searches of firms without prior notification. The Court's decision greatly expands the investigatory powers of the Commission at the expense of significant privacy and due process rights for firms operating within the European Community. This note will examine the extent to which the …

Emergency Power And The Hero Of New Orleans, Abraham D. Sofaer

Cardozo Law Review

No abstract provided.

State Regulation Of Casino Gambling: Constitutional Limitations And Federal Labor Law Preemption, Kathryn Keneally

Fordham Law Review

No abstract provided.

A Policy Analysis Of The American Law Of Foreign State Immunity, Thomas H. Hill

Fordham Law Review

No abstract provided.

Fda "New Drug" Approval Procedures: The Impact Of Judicial Intervention On Public And Pharmaceutical Company Interests, Rodger J. Wolf

Seton Hall Law Review

No abstract provided.

Book Reviews, W. Paul Gormley, John E. Semonche

Vanderbilt Journal of Transnational Law

Book Reviews

CHEMICAL WEAPONS: DESTRUCTION AND CONVERSION

Published for the Stockholm International Peace Research Institute

London: Taylor and Francis, 1980. Pp. 201.

Reviewed by W. Paul Gormley

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THE DEFINITION OF LAW

Hermann Kantorowicz

Edited by A.H.Campbell, with an introduction by A.L. Goodhart

New York: Octagon Books, 1980. Notes and bibliography. Pp. 113.

Reviewed by John E. Semonche

Local Government Law, Charles L. Babcock, Michael H. Collins

SMU Law Review

No abstract provided.

Frivolous Lawsuits- The Lawyer's Duty To Say "No", Wesley A. Cann, Jr.

University of Colorado Law Review

No abstract provided.

Not Guilty By Reason Of Insanity: A Sane Approach, Barbara A. Weiner

Chicago-Kent Law Review

No abstract provided.

The Billion Dollar Benzene Blunder: Supreme Court Scrutinizes Osha Standards In Industrial Union Department, Afl-Cio V. American Petroleum Institute, Patricia L. Grove

Tulsa Law Review

No abstract provided.

Public Land Law: Preemption Of State Regulation Of Mineral Development On The Public Domian, Ventura County V. Gulf Oil Corp. , J. Scott Preble

Tulsa Law Review

No abstract provided.

S.B. 133: The Near Resolution Of A Major Problem: Fitness In The Criminal Law, Donald Paull

Chicago-Kent Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1980

West Virginia Law Review

No abstract provided.

Civil Liability Of Parole Officials For Releasing Dangerous Prisoners: Martinez V. California, James Michael Richardson

Tulsa Law Review

No abstract provided.

Police Radar 1980: Has The Black Box Lost Its Magic., Joseph Gary Trichter, Joseph Patterson

St. Mary's Law Journal

Abstract Forthcoming.

Anticompetitive Data Dissemination In The Medical Profession: The Conflict Between The Sherman Act And The First Amendment, Michael R. Young

Duke Law Journal

No abstract provided.

Forcible Rape And The Right To Bail, Kathy M. Pisula

San Diego Law Review

This Comment examines the California Supreme Court's holding in In re Underwood that bail may not be denied to protect the public from those charged with a non-capital offense. The author argues that despite the validity of the court's proposition, the interests of society are under-protected with respect to the crime of forcible rape. The author suggests that a constitutional provision in needed, which denies the rights to bail to those accused of forcible rape when the "proof is evident or the presumption great" that the crime was committed. The author concludes that, while this proposed amendment would be constitutionally …

Washington's Underinsured Motorist Statute: Balancing The Interests Of Insurers And Insureds, Bertha Baranko Fitzer

Washington Law Review

This comment will distinguish the uninsured/underinsured motorist problem and coverages, and will outline the 1980 amendment to Washington's uninsured motorist statute. The comment will then discuss some areas of the law likely to cause controversy and suggest resolutions to these issues. The proposed resolutions follow the approach taken by the legislature, balancing the conflicting interests of insureds and insurers.

The Opinion Volume 21 Number 3 – October 16, 1980, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated October 16, 1980

The Irs, Discrimination, And Religious Schools: Does The Revised Proposed Revenue Procedure Exact Too High A Price, Robert J. Christians

Notre Dame Law Review

No abstract provided.

Punitive Damages And Double Jeopardy: A Critical Perspective Of The Taber Rule, Doyal E. Mclemore Jr.

Indiana Law Journal

No abstract provided.

The Southern Public Employee Unions' Constitutional Card: Utilization Of The Equal Protection Clause, Donald R. Livingstone

North Carolina Law Review

No abstract provided.