Digital Commons Network^™

Requiring Preservation And Maintenance Of Historical District Is Within Zoning Power, Stephen Roger Kane

Mercer Law Review

In Maher v. New Orleans, the U.S. Court of Appeals for the Fifth Circuit considered the constitutionality of a municipal zoning ordinance regulating the preservation and maintenance of a historical district. A three-judge panel held that the New Orleans City Council's Vieux Carre Ordinance was constitutional, since it provided enough objective criteria to determine which buildings in the Vieux Carre had historical and architectural value, and that the ordinance did not unconstitutionally take property, either on its face or as applied to Maher.

Iv. Criminal Procedure

Washington and Lee Law Review

No abstract provided.

Taxation -- The Twilight Zone Of Charity: The Irs Denies Exemption For A Free Tax Planning Service Under Section 501(C)(3), Frank Lane Williamson

North Carolina Law Review

No abstract provided.

Student Comments, Charles R. Hood

Notre Dame Law Review

Comments on court cases by Charles R. Hood, Mark McLaughlin, Joseph F. Wintersheid, Frederick R. Daniel, Michael Craig Donovan, Kenneth R. Martin, Santo Bisignano, Jr., Kathryn Kelly, James M. Varga, Edward Charles DeVivo, Mary E. Schaffner, Patrick J. Crotty, and Kymson F. DesJardins.

Volume 49, Issue 16 (1977)

Obiter Dicta

No abstract provided.

Rhode Island Report On The Judiciary 1977

Library Archive

Submitted herein is the sixth annual report produced by the Administrative Office of State Courts.

In 1977, the court took initiatives to better deal with the changing demands placed on the judiciary. Special attention was paid to case scheduling, and efforts were made to reduce the number of cases pending disposition in both trial and appellate courts. Coals have been set putting limits on the time certain types of cases may remain before the court, and the courts are committed to using special efforts and new techniques to meet these goals. These and other developments in the operation and administration …

Session Law 77-343, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 77-153, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Zoning, Adult Movie Theatres And The First Amendment: An Approach To Young V. American Mini Theatres, Inc., Scott M. Himes

Hofstra Law Review

No abstract provided.

Pretrial Release In California: Proposed Reforms Of An Unfair System, Thadd Blizzard

McGeorge Law Review

No abstract provided.

Age Discrimination In Employment: The Scope Of Statutory Exceptions To The Age Discrimination In Employment Act Of 1967, Thomas S. Malciauskas

Loyola University Chicago Law Journal

No abstract provided.

The Plrb's New Jurisdiction For Police And Firemen, Kurt H. Decker

Duquesne Law Review

The author examines a recent Pennsylvania Supreme Court case conferring jurisdiction upon the Pennsylvania Labor Relations Board to conduct policemen and firemen representation elections. The article notes that the decision did not define the parameters of the PLRB's new jurisdiction and explores possible ranges of jurisdiction that may result.

Direct Broadcasting By Satellite: A Domestic And International Legal Controversy, Juliana Maio

UC Law SF Communications and Entertainment Journal

The United Nations is now considering two proposals to limit direct station-to-station television broadcasting via satellite. The Soviet proposal, which seems to be the more popular, would impose strict requirements on the broadcasting country to control the content of satellite broadcasts. The United States proposal calls for a system of co-operation consistent with its First Amendment. The author analyzes these positions, discussing the effect that adoption of the Soviet proposal would have on international law, and whether the United States would be constitutionally prohibited from adhering to it.

The Knowledge Element Of Assumption Of Risk As A Defense To Strict Products Liability, 10 J. Marshall J. Of Prac. & Proc. 243 (1977), Curtis R. Calvert

UIC Law Review

No abstract provided.

The Highly Blameworthy Manufacturer: Implications On Rules Of Liability And Defense In Products Liability Actions, David Owen

Faculty Publications

No abstract provided.

United States V. Hollinshead: A New Leap In Extraterritorial Application Of Criminal Laws, William J. Hughes

UC Law SF International Law Review

In United States v. Hollinshead, the defendants were convicted of violating a federal penal statute and subjected to criminal penalties in the United States for the importation of Mayan artifacts illegally exported from Guatemala. The case held, in effect, that articles not characterized as stolen under the laws of the United States may still become the basis for violation of 18 USC § 2314, interstate transportation of stolen property. In his note, the author analyzes the usefulness of this decision in the extraterritorial applications of United States penal laws.

Insurance, David P. Lowe

Marquette Law Review

No abstract provided.

Criminal Law: Search And Seizure: Fruits Of Warrantless Automobile Inventory Search Admissible. (South Dakota V. Operman), Linda S. Vandenheuvel, Daniel R. Dineen

Marquette Law Review

No abstract provided.

Constitutional Preemption Of State Laws Against Massive Oil Spills, Arval A. Morris

Seattle University Law Review

Oil spills, the Supreme Court has declared, are "an insidious form of pollution of vast concern to every coastal city or port and to all the estuaries on which life of the ocean and the lives of the coastal people are greatly dependent." In light of this declaration, the purposes of this article are to assess the validity of the federal court's decision preempting Washington's Tanker Pollution Law, and to comment generally on whether, consistent with the evolved preemption doctrine, coastal states can protect themselves from deleterious oil spills by enacting preventive rather than deterrent measures.

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Articles

I do not say that we can remake the world in our own image. I recognize the limits on our power, and I do not wish to see us swing from one extreme of cynical manipulation to the other extreme of moralistic zeal, which can be just as dangerous. But the present administration has been so obsessed with balance of power politics that it has often ignored basic American values and a proper concern for human rights. The leaders of this administration have rationalized that there is little room for morality in foreign affairs, and that we must put self-interest …

Bivens And Its Progeny: The Scope Of A Constitutional Cause Of Action For Torts Committed By Government Officials, Michael P. Lehmann

UC Law Constitutional Quarterly

No abstract provided.

Establishment Clause Neutrality And The Reasonable Accomodation Requirement, David E. Wheeler

UC Law Constitutional Quarterly

No abstract provided.

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

Articles

As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Eastlake And Arlington Heights: New Hurdles In Regulating Urban Land Use?, L. Lynn Hogue

Case Western Reserve Law Review

No abstract provided.

State Police Cash Subsistence Allowances And Section 119 Of The Internal Revenue Code: Koerner V. United States

Valparaiso University Law Review

No abstract provided.

Constitutional Law-Freedom Of Expression -Although A Municipal Ordinance Governing Airports May Regulate To Protect Citizens From Undue Annoyance From Religious Sects Canvassing For Converts, Such Ordinances Must Be Narrow, Objective, And Definite. International Society For Krishna Consciousness, Inc. V. Rochford, 425 F. Supp. 734 (N.D. Ill. 1977), Elizabeth G. Thornburg

Journal of Air Law and Commerce

No abstract provided.

Search And Seizure: The Detection Of Marijuana By Trained Dogs, Charles Fred Allberry Ii

University of Dayton Law Review

United States v. Bronstein, 521 F.2d 459 (2d Cir. 1975), cert. denied, 96 S.Ct. 1121 (1976).