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The Adversary Society: Keynote Address Of The Third Annual Baron De Hirsch Meyer Lecture Series, William H. Rehnquist Nov 1978

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.


Volume 51, Issue 8 (1978) Oct 1978

Volume 51, Issue 8 (1978)

Obiter Dicta

No abstract provided.


New York City Transit Authority V. Beazer, Lewis F. Powell Jr. Oct 1978

New York City Transit Authority V. Beazer, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger Oct 1978

Due Process And The Insanity Defense: The Supreme Court's Retreat From Winship And Mullaney, Jeffrey A. Burger

Indiana Law Journal

No abstract provided.


West Gallery Corporation V. Salt Lake City Board Of Commissioners Et Al : Brief Of Defendant-Respondent, Utah Supreme Court Oct 1978

West Gallery Corporation V. Salt Lake City Board Of Commissioners Et Al : Brief Of Defendant-Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from an order denying Appellant's motion for summary judgment and petition for extraordinary relief rendered by the Honorable David J. Dee, Judge of the Third District Court.


Salt Lake County V. Murray City Redevelopment Et Al : Brief Of Appellant, Utah Supreme Court Oct 1978

Salt Lake County V. Murray City Redevelopment Et Al : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from Judgments of the District Court of Salt Lake County. Honorable David B. Dee, District Judge and Honorable David K. Winder, District Judge.


State Of Utah V. Tallie Lee Cavaness : Brief Of Respondent On Appeal, Utah Supreme Court Oct 1978

State Of Utah V. Tallie Lee Cavaness : Brief Of Respondent On Appeal, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the judgment of the Third Judicial District for Salt Lake County, Honorable Jay Banks.


A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins Oct 1978

A Constitutional Analysis Of The Prohibition Against Collateral Attack In The Mexican-American Prisoner Exchange Treaty, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Introduction: On November 25, 1976, the United States and Mexico concluded a bilateral treaty providing for reciprocal prisoner exchange, so that a national of one party to the agreement could complete his sentence in his home country.' The objectives of the agreement essentially were twofold: first, there was a need to ameliorate relations with Mexico on the delicate matter of the abuse of American citizens confined in Mexican prisons; second, there was a strong desire to alleviate special hardships, such as those respecting living conditions and prospects for rehabilitation, resulting from imprisonment in a foreign country. The Treaty was ratified …


Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav Oct 1978

Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav

Faculty Scholarship

In the beginning, use of the Press Ordinance (hereafter Pr. Ord.) was limited, but as British political control deteriorated it became more extensive and even ruthless. In 1937, the Peel Report complained that the Pr. Ord. was not tough enough and recommended stricter measures.3 At about the same time, the Mandatory Government itself reached the conclusion that the Pr. Ord. was insufficient and issued a series of Defence (Emergency) Regulations which suspended the entire range of civil liberties-including freedom of expression. These Defence (Emergency) Regulations which related to the press replaced in part and fortified in part the Pr. …


State Of Utah V. Tallie Lee Cavaness : Brief Of Appellant, Utah Supreme Court Sep 1978

State Of Utah V. Tallie Lee Cavaness : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the judgment of the Third Judicial District for Salt Lake County, Honorable Jay Banks.


Deprogramming Religious Cultists, Terri I. Siegel Sep 1978

Deprogramming Religious Cultists, Terri I. Siegel

Loyola of Los Angeles Law Review

No abstract provided.


Survey Of Recent Developments In New Jersey Law Aug 1978

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.


One Tier Beyond Ramapo: Open Space Zoning And The Urban Reserve, Sandra L. Mcmahan Aug 1978

One Tier Beyond Ramapo: Open Space Zoning And The Urban Reserve, Sandra L. Mcmahan

San Diego Law Review

This comment examines the problem of managing urban growth while simultaneously preserving open space through careful planning. Specifically the comment examines the planning for the temporary preservation of open space that is a byproduct of the successful management of urban growth. The author begins by discussing a method of regulating open space land by Professor Robert H. Freilich. The author uses this method as a model to examine techniques for the conservation of open space land through the establishment of an urban reserve. The author pays special attention to the taking issues that must be circumvented if the program is …


Theft Loss Deductions As Relief For The Small Investor, Carol Murphy Finke Aug 1978

Theft Loss Deductions As Relief For The Small Investor, Carol Murphy Finke

Duke Law Journal

No abstract provided.


Survey Of Recent Developments In New Jersey Law Aug 1978

Survey Of Recent Developments In New Jersey Law

Seton Hall Law Review

No abstract provided.


John A. Beck V. S. Tony Cox : Brief Of Respondent On Appeal, Utah Supreme Court Jul 1978

John A. Beck V. S. Tony Cox : Brief Of Respondent On Appeal, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from an order of the Third Judicial District Court for Salt Lake County, State of Utah, the Honorable Peter F. Leary, presiding.


Appendix: Revised Constitution Of The State Of Florida As Proposed By The Florida Constitution Revision Commission, May 11, 1978 Jul 1978

Appendix: Revised Constitution Of The State Of Florida As Proposed By The Florida Constitution Revision Commission, May 11, 1978

Florida State University Law Review

No abstract provided.


Antitrust Conflicts Between Friends: Canada And The United States In The Mid-1970’S, Donald I. Baker Jul 1978

Antitrust Conflicts Between Friends: Canada And The United States In The Mid-1970’S, Donald I. Baker

Cornell International Law Journal

No abstract provided.


Automatism: The Unconsciousness Defense To A Criminal Action, Patricia E. Gould Jul 1978

Automatism: The Unconsciousness Defense To A Criminal Action, Patricia E. Gould

San Diego Law Review

This comment examines the development and significance of recognition of automatism as a defense to criminal charges. The author starts by discussing the medical concept of automatism. The author includes a discussion of the possible causes of automatism as well as the English and American law on the subject. Next the author explores whether a separate automatism defense should be recognized based on a common law argument and constitutional argument. The author concludes that the automatism defense should be recognized because there is not fault on the part of the criminal defendant and therefore no responsibility for the criminal act.


Prisoner's Rights - Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell Jul 1978

Prisoner's Rights - Failure To Provide Adequate Law Libraries Denies Inmates' Right Of Access To The Courts, Irma S. Russell

Faculty Works

This article examines the Supreme Court's decision in Bounds v. Smith and the movement toward recognition of the rights that prisoners retain after incarceration.

Part I outlines the nature and legal foundation of the right of access to the courts as endorsed by Bounds. Part II examines questions raised by the dissenting opinions concerning the scope and validity of the right. Part III addresses the practical implication of the decision and concludes that the right of state and federal prisoners to access legal information in preparing legal papers stands on firmer ground after this decision.


Albertson's Inc. V. Honorable Robert B. Hansen Et Al : Brief Of Defendants-Respondents, Utah Supreme Court Jun 1978

Albertson's Inc. V. Honorable Robert B. Hansen Et Al : Brief Of Defendants-Respondents, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

On appeal from a Judgment of the District Court of the Third Judicial District, the Honorable David K. Winder, District Judge.


Attorney General Opinions, A. F. Summer, Scherry J. Lesieur Jun 1978

Attorney General Opinions, A. F. Summer, Scherry J. Lesieur

MC Law Review

No abstract provided.


Attorney General Opinions, A. F. Summer, Scherry J. Lesieur Jun 1978

Attorney General Opinions, A. F. Summer, Scherry J. Lesieur

MC Law Review

No abstract provided.


Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds May 1978

Simple Justice In The Cradle Of Liberty: Desegregating The Boston Public Schools, Ronald R. Edmonds

Vanderbilt Law Review

This Article provides a summary view of the desegregation of the Boston public schools. Some aspects of teaching and learning in the Boston schools clearly have improved as a direct consequence of Boston's desegregation, while others seem little affected. Teaching and learning are mentioned at the outset because later discussion will establish that black Bostonians seek desegregation as part of their larger and more general quest for improved schooling for their children.' The success or failure of desegregation therefore may fairly be judged partly on the basis of its effect upon the quality of schooling made available to black children. …


Standing To Challenge Tax Treatment Of Competitors May 1978

Standing To Challenge Tax Treatment Of Competitors

William & Mary Law Review

No abstract provided.


Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida May 1978

Constitutional Law-Fair Warning Of Retroactive Law Is Sufficient Compliance With The Ex Post Facto Clause-Do B Bert V. Florida

BYU Law Review

No abstract provided.


Pamphlet: Women And The Law. April 22, 1978 Apr 1978

Pamphlet: Women And The Law. April 22, 1978

Saffy Collection - All Textual Materials

A seminar that explores the legal and humanistic issues concerning women and the law. Produced by the Mayor's advisory commission on the status of women in the City of Jacksonville, Florida.


State Of Utah V. Emery Dean Beck : Appellant's Brief, Utah Supreme Court Apr 1978

State Of Utah V. Emery Dean Beck : Appellant's Brief, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

An Appeal from the Judgment of the Third District Court In and For Summit County, State of Utah, Honorable Stewart M. Hanson, Jr. Presiding


Challenging The Determination Of Another Taxpayer's Status: The Effect Of Eastern Kentucky V. Welfare Rights Organization, Carla Lowenheim Apr 1978

Challenging The Determination Of Another Taxpayer's Status: The Effect Of Eastern Kentucky V. Welfare Rights Organization, Carla Lowenheim

North Carolina Central Law Review

No abstract provided.


Bear Right At The Light, Alexander Armstrong Apr 1978

Bear Right At The Light, Alexander Armstrong

University of Baltimore Law Forum

No abstract provided.