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Victims' Rights Litigation: A Wave Of The Future?, Frank Carrington, Fred E. Inbau

University of Richmond Law Review

American Jurisprudence 2d quite properly claims to be one of the most, if not the most, comprehensive legal encyclopedia in this country. Any attorney who has had the opportunity to peruse this work would be forced to agree. It is, therefore, an interesting and unfortunate commentary upon the state of law in our society that of the thousands of topics covered in this monumental compendium of knowledge, none deals with the victims of crime.

The Future Of Nonguaranteed Bond Financing In New York, Michael D. Utevsky

Fordham Law Review

No abstract provided.

Sentencing Alternatives For Virginia General District Courts, Jose R. Davila Jr., Robert L. Mordhorst

University of Richmond Law Review

The endless parade of humanity that passes before the benches of Virginia's general district courts accused of minor offenses presents to those charged with deciding these cases one of the most challenging judicial tasks of our day. The challenge in addition to deciding guilt or innocence is also determining what to do with those judged guilty. Those decisions influence to one degree or another the direction of peoples lives for their own and society's good or ill. Most of the offenders appearing before these courts are young people, often first offenders. The behavior patterns of their lives are not yet …

Federal Habeas Corpus After Stone V. Powell: A Remedy Only For The Arguably Innocent?, Sam Boyte

University of Richmond Law Review

State prisoners lost several grounds for seeking federal habeas corpus relief during the Supreme Court's 1975 term. In each case, the Court was prepared to admit, at least for the purposes of argument, that there were constitutional infirmities in the state criminal process which resulted in the confinement of the prisoner; nonetheless, the Court held that the prisoner would not be permitted to attack his conviction collaterally in federal court. Because the prisoner in Francis v. Henderson had not complied with a state procedural rule requiring such challenges to be brought before trial, the Supreme Court held that he could …

"Church" In The Internal Revenue Code: The Definitional Problems , Charles M. Whelan

Fordham Law Review

No abstract provided.

The Internal Revenue Service As A Monitor Of Church Institutions: The Excessive Entanglement Problem, Sharon L. Worthing

Fordham Law Review

No abstract provided.

Constitutional Law: Whitehorn V. State: Peyote And Religious Freedom In Oklahoma, Robert Johnston

American Indian Law Review

No abstract provided.

Restitution: A New Paradigm For Criminal Justice, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

This paper will analyze the breakdown of our system of criminal justice in terms of what Thomas Kuhn would describe as a crisis of an old paradigm- punishment. I propose that this crisis could be solved by the adoption of a new paradigm of criminal justice-restitution. The approach will be mainly theoretical, though at various points in the discussion the practical implications of the rival paradigms will also be considered. A fundamental contention will be that many, if not most, of our system's ills stem from errors in the underlying paradigm. Any attempt to correct these symptomatic debilities without a …

Law Vs. Science: Legal Control Of Genetic Research, Frank Becker

Kentucky Law Journal

No abstract provided.

Preliminary Relief In Employment Discrimination Cases, Richard F. Richards

Kentucky Law Journal

No abstract provided.

Compulsory Retirement, The Constitution And The Murgia Case, Leslie W. Abramson

Missouri Law Review

No abstract provided.

Racial Discrimination In Private Schools, Section 1981, And The Free Exercise Of Religion: The Sectarian Loophole Of Runyon V Mccrary, Andrea Bloom

University of Colorado Law Review

No abstract provided.

The Uncertain Status Of Public Sector Labor Arbitration In Colorado, H William Simms

University of Colorado Law Review

No abstract provided.

Subject Index To Volume 4

Florida State University Law Review

No abstract provided.

Dillon Rule--A Limit On Local Government Powers, The, Kenneth D. Dean

Missouri Law Review

No abstract provided.

Hostile-Audience Confrontations: Police Conduct And First Amendment Rights, Michigan Law Review

Michigan Law Review

This Note first suggests an explicit standard for police conduct in the hostile-audience situation that defines procedures the police must follow at various stages to avoid violating the first amendment. The standard reflects the fact that first amendment free speech rights are not absolute and that such rights must be weighed against both compelling state interests and the competing constitutional claims of other persons. It seeks to reconcile the interest in public order with our constitutional commitment to open discussion and robust debate. Finally, to deter police abuse of first amendment rights in the hostile-audience context, reforms of tort law …

Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy

North Carolina Central Law Review

No abstract provided.

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …

Administrative Law , Warren A. Heindl, Margaret Heindl

Chicago-Kent Law Review

No abstract provided.

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

Psychiatry, The Inmate And The Law, A. W. Cragg

Dalhousie Law Journal

In August of 1971, the Solicitor General of Canada appointed a committee of psychiatrists to advise him on the treatment of mentally ill inmates. The committee completed its work and reported in May 1972. The report, entitled The General Program for the Development of Psychiatric Services in Federal Correctional Services in Canada1 developed in the space of sixty pages, including appendices, a general program for expanding psychiatric services and facilities in the field of corrections in Canada. In his forward to the Report, the Solicitor General, Warren Allmand, announces that he is "profoundly impressed by the recommendations made by this …

The Opinion Volume 17 Number 2 – September 23, 1976, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated September 23, 1976

Preemption Under The Atomic Energy Act Of 1954: Permissible State Regulation Of Nuclear Facilities' Location, Transportation Of Radioactive Materials And Radioactive Waste Disposal, Richard F. Yates

Tulsa Law Review

No abstract provided.

Domestic Relations--The Right Of A Married Woman To Retain Her Maiden Name, Diana L. Fuller

West Virginia Law Review

No abstract provided.

Resolving Public Employment Disputes: A Guide For West Virginia, Charles Matthew Kincaid

West Virginia Law Review

No abstract provided.

Children's Liberation And The New Egalitarianism: Some Reservations About Abandoning Youth To Their "Rights", Bruce C. Hafen

BYU Law Review

After the type for this article had been set, the US. Supreme Court decided two cases having potential implications for the constitutional rights of minors-Bellotti v. Baird, 44 US. L. W. 5221 (July 1, 1976) and Planned Parenthood of Central Missouri v. Danforth, 44 U.S.L. W. 5197 (July 1, 1976). In Belloti, a unanimous Court held that the lower federal court should have abstained from determining the constitutionality of a state statute requiring parental consent to an unmarried minor's abortion but providing for judicial order of consent "for good cause shown" after parental consent is refused. The Court found the …

Income Taxation -- A Pauper A Day Keeps The Taxman Away: Qualification Of Hospitals As Charitable Institutions Under Section 501(C)(3) Of The Irc Of 1954, Henry Marvin Mercer

North Carolina Law Review

No abstract provided.

A Review Of The New Jersey Tort Claims Act: Notice Provisions, Damages, And Third-Party Claims, David J. Klinger, Gene Truncellito

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Watson And Ramey: The Balance Of Interests In Non-Exigent Felony Arrests, Nancy L. Schons

San Diego Law Review

Recently, the United States Supreme Court rendered its opinion in United States v. Watson, which dealt with arrests in public places. The California Supreme Court subsequently decided Ramey v. People, a case concerning an arrest made in the home. The balance between state and individual interests struck in these cases will have a dramatic effect on law enforcement and on the rights of suspects. While numerous commentators have addressed individual rights in the context of search law, none have directly considered the privacy rights of the arrestee. The purpose of this Comment is to explore the quality of fourth amendment …