Digital Commons Network^™

Municipal Regulation Of "Adult Entertainment"- The Game Without Rules?, George F. Knox Jr., Robert D. Klausner

Nova Law Review

Historically, local governments have been empowered to regulate the health, safety, welfare and, more significantly, the morals of their citizens.

Triangle Oil, Inc. , A Corporation V. North Salt Lake Corporation, Municipal Corporation Of The State Of Utah; John R. Graves, William D. Jackson, Richard V. Strong, Joe W. Vande Merwe, And Rodney J. Wood, Councilmen : Brief Of Defendants-Respondents, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Second Jbdicial District Court of Davis County, State of Utah The Honorable J. Duffy Palmer, District Judge

Industrial Construction Inc. Et Al V. State Of Utah : Petition For Rehearing, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

No abstract provided.

Quayle Cannon, Jr., And Sheldon R. Brewster, On Behalf Of Themselves And Other Parties Similarly Situated V. Leonard W. Mcdonald, In His Original Capacity As Executive Director Of The Utah State Retirement Board, Andd The Utah State Retirement Board : Brief Of Respondents, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from a Judgment of the Third Judicial District Court of Salt Lake County, State of Utah, The Honorable James S. Sawaya, Judge Presiding

A Fresh Start Through Bankruptcy: Fact Or Frustration For The Student Loan Debtor?, Barbara Linde

Seattle University Law Review

The rapidly increasing number of student loans maturing under the relatively new guaranteed student loan program have spawned a dramatic increase in the number of educational loans discharged in bankruptcy. This comment will examine former students' ability to obtain college transcripts after discharge of their student loans through bankruptcy. It will discuss the two cases holding that a private college can deny transcripts to bankrupts, but a state college cannot." Furthermore, it will inquire into the purposes of the Bankruptcy Act, the correctness of the restrictive judicial interpretation of the 1970 amendments," and alternative judicial approaches that better reflect the …

Epilepsy, Motor Vehicle Licensure And The Law: The Physician's Rights And Responsibilities In Illinois, Theodore R. Leblang

Loyola University Chicago Law Journal

No abstract provided.

The Body Of John Merryman: Ex Parte Merryman, A Case Of Executive-Judicial Conflict Over The Suspension Of Habeas Corpus, Eric Paul Anderson

All Master's Theses

At the outbreak of the Civil War the Federal military arrested certain people whose loyalty was suspect. One victim, John Merryman, attempted to free himself by petitioning for a writ of habeas corpus. However, President Lincoln authorized the military to suspend the writ in such cases. The matter came before Chief Justice Taney who disputed the president's authority to suspend the writ and ruled in Merryman's favor. This thesis recounts the history of the habeas corpus process in Anglo-American law and its inclusion in the Constitution, Merryman's role in the first hostilities, his arrest, and the attempt to free him. …

Monell V. New York Board Of Social Services: New Liability For Land Use Regulators In Ohio - The Limits Of Regulatory Power, James M. Speros

Cleveland State Law Review

Monell places decisions of local agencies regarding land use in an entirely new light. While the exact scope of local governmental liability is yet to be determined, land use decisions can no longer be made without consideration of potential financial consequences from this new civil rights liability. Local governments must be aware that this potential financial responsibility will make challenges to land use decisions far more attractive to landowners. Thus, local governments must pay particular attention to the specific limitations on their power to regulate land use control, for significant financial liability may now be imposed if these bodies exceed …

Session Law 79-082, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Premise For A Sensible Sentencing Debate: Giving Up Imprisonment, M. Kay Harris, Frank M. Dunbaugh

Hofstra Law Review

No abstract provided.

Medical Malpractice - Psychotherapist's Liability To Third Persons For Violent Acts Of Patient, Randall K. Hanson

North Dakota Law Review

No abstract provided.

Various Aspects Of Flood Plain Zoning, James Hope

North Dakota Law Review

No abstract provided.

Escape From Cruel And Unusual Punishment: A Theory Of Constitutional Necessity, Cynthia R. Farina

Cornell Law Faculty Publications

The inmate who escapes from a federal or state prison and seeks to introduce evidence of unconstitutionally cruel and unusual confinement conditions to defend her action is barred by the well-established rule that prison conditions alone, no matter how intolerable or inhumane, neither justify nor excuse escape. If she attempts to use the defense of necessity—a limited exception to this rule—the prisoner will be required to show that a specific, imminent threat of death or serious injury prompt her escape. Evidence of prolonged or repeated deprivation and mistreatment sufficient to prove a violation of the eighth amendment may not be …

An Examination Of The Application Of Common Carrier Regulation To Entities Providing New Telecommunications Services, Kaye L. O'Riordan

Case Western Reserve Law Review

No abstract provided.

Recent Decisions, James A. Walker, Charles A. Daughtrey, A. Dale Wilson

Vanderbilt Journal of Transnational Law

ADMINISTRATIVE LAW--PRESIDENT'S ATTEMPT UNDER EXECUTIVE ORDER TO REMOVE PRESIDENTIALLY APPROVED CAB ORDER FROM SCOPE OF THE WATERMAN DOCTRINE

James A. Walker

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EUROPEAN COMMUNITIES--TRADEMARK RIGHTS--COURT OF JUSTICE PREVENTS THIRD PARTY FROM AFFIXING TRADEMARK TO GOODS SOLD UNDER ANOTHER MARK

Charles Anthony Daughtrey

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THE TREATY POWER--THE PROPERTY CLAUSE PERMITS THE TRANSFER OF UNITED STATES PROPERTY THROUGH SELF-EXECUTING TREATY

A. Dale Wilson

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar

Fordham Law Review

No abstract provided.

Treaties– Mexican-American Treaty On The Execution Of Penal Sentences– Custody Of A Prisoner Under The Mexican-American Treaty Is Unlawful When Consent To The Transfer Is Coerced, David Vaida

Fordham International Law Journal

Looks at the arrest of Raymond Bayron Velez, Efran Morales Caban and Pedro Rosado and their relation to the Treaty between the United States of America and the United States Mexican States on the Execution of Penal Sentences (Treaty).

The Federal Strip Mining Act: Environmental Protection Comes To The Coalfields Of Virginia, Edward Shawn Grandis

University of Richmond Law Review

Strip mining, for those of us who are touched by it, either as residents of areas affected by the mining or as professionals or bureaucrats concerned with the legal or technical issues involved, conjours up vivid images of land devastation, offsite property damage and high profits with little risk involved for the operator.

Book Reviews, Book Reviews

Case Western Reserve Journal of International Law

No abstract provided.

A Brief Review Of The Provisions In Recent Agreements Concerning Freedom Of Movement Issues In The Modern World, Daniel C. Turack

Case Western Reserve Journal of International Law

No abstract provided.

Children And The Law - Foreword, Birch Bayh

University of Richmond Law Review

As a parent, legislator, and former Chairman of the United States Senate Judiciary Subcommittee to Investigate Juvenile Delinquency, the problems of the youth of our nation are very close to my heart. I think that raising a young person is one of the most difficult and important challenges that a person can ever face. Our collective success or failure in raising young people actually determines the future of the country. Happy, secure and well-educated youth will be effective, productive and useful citizens. Young people who have been beaten, starved, or deprived of love have accounted for the major portion of …

The Revision Of Virginia's Juvenile Court Law, Lelia Baum Hopper, Frank M. Slayton

University of Richmond Law Review

Since 1899, the year in which the state of Illinois established a separate statutory framework for addressing the problems of children before the courts, the juvenile justice system has been struggling to establish its identity in the jurisprudence of the United States. The juvenile court laws of this country, including those of the Commonwealth of Virginia, have historically been based on the doctrine of "parens patriae", which is formally defined as the "sovereign power of guardianship over persons under disability."' According to this doctrine, the state, through the court system, can be trusted to fulfill its obligation with respect to …

Tax Exempt Religious Schools Under Attack: Conflicting Goals Of Religious Freedom And Racial Integration , Thomas Stephen Neuberger, Thomas C. Crumplar

Fordham Law Review

No abstract provided.

A. G. For Canada Et Al V. Claire Dupond: The Right To Assemble In Canada?, Clare F. Beckton

Dalhousie Law Journal

The renewal of the Federation must confirm the pre-eminence of citizens over institutions, guarantee their rights and freedoms and ensure that these rights and freedoms are inalienable. 1 These words from Prime Minister Trudeau are a reflection of the concern today for protection of individual rights and freedoms. His words also reflect the past concerns with protection of individual rights and freedoms particularly in countries which espouse democratic principles. He has recognized that the balance between individual and state interests must be struck in favour of the individual. In order to achieve this result, there must be some consensus in …

Categorization Of Chemicals Under The Toxic Substance Control Act, Louis Slesin, Ross Sandler

Articles & Chapters

No abstract provided.

Extraterritorial Application Of United States Antitrust Law: Problems For Canada--Recommendations For The United States And Canada, Donald I. Baker

Canada-United States Law Journal

No abstract provided.

Contemporary Law In The People's Republic Of China, Beverly May Carl

SMU Law Review

No abstract provided.

Punitive Damages In Products Liability Litigation: Maxey V. Freightliner Corp., Mary Burdin

SMU Law Review

No abstract provided.

Procedural Aspects Of Litigation Under The Texas Environmental Statutes., Troy C. Webb

St. Mary's Law Journal

Abstract Forthcoming.

The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist

University of Miami Law Review

In recent years litigants have pressed the courts to resolve disputes which were formerly regulated by other social and political institutions. Mr. Justice Rehnquist stresses the crucial importance of nongovernmental institutions in our society. He discusses the need to evaluate the disruptive effect of an adversary proceeding between parties who must continue in an ongoing relationship after their dispute has been settled. The author then suggests that in order to preserve certain social institutions, limits must be placed on the use of adversary proceedings.