Digital Commons Network^™

State Constitutional Law For Maryland Lawyers: Individual Civil Rights, Charles A. Rees

University of Baltimore Law Review

"[A]lthough in the past it might have been safe for counsel to raise only federal constitutional issues in state courts, plainly it would be most unwise these days not also to raise the state constitutional questions."

Comment: Maryland's Warrantless Inspection Laws: A Warrantless Expectation Of Constitutionality, Robert J. Liberatore

University of Baltimore Law Review

The fourth amendment to the United States Constitution proscribes "unreasonable searches and seizures" and requires that warrants be issued only upon probable cause. There is no distinction drawn between an administrative inspection and a criminal search. Yet, a different treatment has evolved in Supreme Court decisions on these two classifications of searches. This Comment addresses Maryland's warrantless administrative inspection laws in light of the standards that the Court has applied to similar enactments.

The N.F.L.'S Final Victory Over Smith V. Pro-Football, Inc.: Single Entity - Interleague Economic Analysis, Terrance Ahern

Cleveland State Law Review

The financial expansion of the N.F.L. has been accompanied by the promulgation of league rules to ensure league stability. These rules include several player service market restraints, which have been adopted by the N.F.L. to ensure competitive equality between the franchises. This note analyzes the validity of these restraints under the Sherman Antitrust Act in light of the recent decision of the District of Columbia Circuit Court of Appeals in Smith v. Pro Football, Inc. and presents a new approach to the economic structure of the N.F.L. which may validate the current restraints.

Deprogramming Members Of Religious Sects , John E. Lemoult

Fordham Law Review

No abstract provided.

Environmental Law: A Reevaluation Of Federal Pre-Emption And The Commerce Clause, Mark J. Alonso

Fordham Urban Law Journal

This Comment addresses how the concern of state and local governments to regain control over environmental regulation has resulted in a marked increase in conflicts with the commerce and supremacy clauses of the Constitution. Various tests have been used by the courts to determine violations of these Constitutional provisions where environmental objectives are sought through local laws. In the field of environmental litigation, traditional tests are constantly challenged to meet the changing moral climate of the nation. This Comment weighs the desire of local legislatures for more responsive environmental regulation against the federal goal of uniform regulation and unrestrained interstate …

The Exclusionary Rule: A Requirement Of Constitutional Principle, Lane V. Sunderland

Journal of Criminal Law and Criminology

No abstract provided.

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

Faculty Publications

No abstract provided.

Legal Malpractice And Compulsory Client Protection, Benjamin Franklin Boyer, Gary Conner

UC Law Journal

The authors discuss the need for a compulsory professional liability insurance plan for attorneys as a means of protecting members of the public from legal malpractice. The proposed plan would be on a claims-made basis by a public corporation. The authors suggest that such a plan would complete the present professional responsibility scheme, while benefiting both the profession and the public. The authors state that a Professional Liability Fund may be imposed through the inherent power of the court over attorneys or through the police power of the state.

Defenses Under The Age Discrimination In Employment Act: Misinterpretation, Misdirection, And The 1978 Amendments, Mack Player

Faculty Publications

No abstract provided.

Value Judgments In Arbitration: A Case Study Of Saul Wallen. By Brook I. Landis, Eric J. Schmertz, Josef P. Sirefman

Hofstra Law Review

No abstract provided.

Fifth Amendment--Double Jeopardy And The Doctrine Of Dual Sovereignty

Journal of Criminal Law and Criminology

No abstract provided.

Shaffer V. Heitner: The Supreme Court Establishes A Uniform Approach To State Court Jurisdiction

Washington and Lee Law Review

No abstract provided.

State Of Utah V. Kenneth J. Gandee : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the Disrict Court of Weber County, Honorable John F. Wahlquist Presiding

Denial Of Land Use To New Nuclear Powerplants In California: A Case Of Preemption, Jose Mata

Santa Clara Law Review

No abstract provided.

A Reconsideration Of The Religious Exemption: The Need For Financial Disclosure Of Religious Fund Raising And Solicitation Practices, Bruce J. Rakay, Roger P. Sugarman

Loyola University Chicago Law Journal

No abstract provided.

Legislation: The 1977 Maryland Wiretapping And Electronic Surveillance Act, Marianne B. Davis, Laurie R. Bortz

University of Baltimore Law Review

No abstract provided.

The Due Process Clause As A Limitation On The Reach Of State Legislation: An Historical And Analytical Examination Of Substantive Due Process, Wilbur D. Preston Jr., Mehlman B. Mehlman

University of Baltimore Law Review

Since the adoption of the due process clause of the fourteenth amendment, the Supreme Court has vacillated on the appropriate standard of review by which questions of infringement of liberty and property interests by state legislation are to be judged. This Article discusses the doctrine of substantive due process and examines its use by the Supreme Court since the adoption of the fourteenth amendment. The authors criticize the current Court's narrow and inconsistent construction of the due process clause. They recommend that the Court adopt and apply a standard of reasonableness when reviewing the reach of state legislation.

Interim Detention Of Juvenile Delinquents In Ohio: A Proposal For Controlling Judicial Discretion, Leroy Pernell

Journal Publications

No abstract provided.

The N.F.L.'S Final Victory Over Smith V. Pro-Football, Inc.: Single Entity - Interleague Economic Analysis, Terrance Ahern

Cleveland State Law Review

The financial expansion of the N.F.L. has been accompanied by the promulgation of league rules to ensure league stability. These rules include several player service market restraints, which have been adopted by the N.F.L. to ensure competitive equality between the franchises. This note analyzes the validity of these restraints under the Sherman Antitrust Act in light of the recent decision of the District of Columbia Circuit Court of Appeals in Smith v. Pro Football, Inc. and presents a new approach to the economic structure of the N.F.L. which may validate the current restraints.

Standing To Challenge Internal Revenue Service Decisionmaking: The Need For A Better Rationale, Clifford M. Gerber

Hofstra Law Review

No abstract provided.

First Amendment Ancillary Doctrines, David S. Bogen

Maryland Law Review

No abstract provided.

Survey Of Maryland Court Of Appeals Decisions

Maryland Law Review

No abstract provided.

Economic Competition And The Supreme Court: Decisions In The 1977 Term, Jeff Miles, John Russell

University of Richmond Law Review

Through the years, the Supreme Court has emphasized numerous times that "[t]he heart of our national economic policy long has been faith in the value of competition." Indeed, this principle was reiterated last Term. Crucial to economic competition are the anti-trust laws, especially the Sherman Act.

The Right To Treatment, Adrienne E. Volenik

Law Faculty Publications

This article seeks to. trace the development of the right to treatment in the juvenile justice system from its origins to the present. This exposition does not represent an in-depth analysis of the concept. Instead it seeks to acquaint the reader with how the right has been interpreted as being applicable to various phases of the juvenile system. This is accomplished through a summary of individual cases.

The author does not intend to posit her views on the future role the right to treatment will play in the juvenile justice system or the influence that it will have on decision …

Book Reviews, Book Reviews

Case Western Reserve Journal of International Law

No abstract provided.

Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld

Articles

DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …

Freedom Of Transnational Movement: The Helsinki Accord And Beyond, Daniel C. Turack

Vanderbilt Journal of Transnational Law

Initial formal evaluation of the implementation of the Final Act of the Conference on Security and Cooperation in Europe signed at Helsinki on August 1, 1975, [hereinafter Helsinki Accord] took place at a 35-nation conference in Belgrade during the period from October 4, 1977, to March 9, 1978. The Helsinki Accord, though not a treaty, sets forth various principles of governmental conduct concerning freedom of transnational movement. The Accord morally commits participating states to implement certain measures either domestically or with other states, to respect, promote, and encourage human rights and fundamental freedoms.

The Helsinki Accord is divided into three …

Presidential Emergency Powers Related To International Economic Transactions, Mary M.C. Bowman

Vanderbilt Journal of Transnational Law

On December 28, 1977, President Carter signed into law Public Law 95-223, an act "[w]ith respect to the powers of the President in time of war or national emergency." The primary purpose of the Act is to revise the Trading With the Enemy Act of 1917 (TWEA), and thus to restrict presidential authority to respond to emergencies related to international economic transactions. The Act is the latest product of a continuing congressional effort to readjust the balance of power between the two branches of government. The War Powers Resolution and the National Emergencies Act were earlier pieces of legislation intended …

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

Faculty Law Review Articles

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.

Significant Private Foundations And The Need For Public Selection Of Their Trustees, David A. Lipton

Scholarly Articles

After an exploration of the implications of the present tax treatment of foundations, this article turns to deficiencies in organizational structure and models of governance allowing for input by the public. These models are proposed because their operations conform more to the underlying values of society than do foundations guided by self-selected officers. These values basically dictate that the public as a whole, not a self-appointed body of governors, should play the major role in determining what constitutes and best serves the common welfare. In addition, in the process of satisfying these external values, some demonstrable internal efficiencies accrue to …