Digital Commons Network^™

General Index

Louisiana Law Review

No abstract provided.

Table Of Cases

Louisiana Law Review

No abstract provided.

Public Employee Legislation: An Emerging Paradox, Impact, And Opportunity, Thomas M. Fiorello

San Diego Law Review

This Comment will encompass three topics: First, governmental services are increasingly interrupted by public employee strikes; second, different statutory devices are evolving for negotiation and resolution of public employee disputes; and third, at least four provoking features are emerging from the different statutory approaches. Although the focus of this Article is upon California legislation, most of the remarks may be relevant elsewhere. Indeed, California is not alone in its current efforts to design vehicles for amicable public employment relations.

Criminal Dispositions For New Jersey: Pretrial Intervention, The Model Penal Code, And Just Deserts, Robert S. Raymar

Seton Hall Law Review

No abstract provided.

Improving The Criminal Justice System: The Need For A Commitment, Donald J. Horowitz

Washington Law Review

Society asks a great deal of the criminal justice system. It asks for protection, punishment, rehabilitation, and humanity; it simultaneously asks that the system operate accurately, efficiently and fairly. Recently, societal concern has been sharply focused on the criminal justice system and most particularly on its correctional and sentencing aspects. The rising crime rate is blamed on the failure of the system to deal properly with offenders. This assumes too great a potency in the criminal justice system however; many other factors in society have a far greater impact on the incidence of crime and violence. The criminal justice system, …

Political Censorship: Some Reflections On Its Validity In Israel's Constitutional Law, Pnina Lahav

Faculty Scholarship

On 19 January 1976, the Government of Israel announced its intention to impose censorship on two categories of information:

(1) Information about the existence or content of a document relating to Israel's foreign affairs which is classified “top secret” or similarly classified and which is addressed from Israel to a foreign country or from a foreign country to Israel.

(2) Information relating to a visit by an Israeli official to a foreign country or a visit by a foreign official to Israel, or a meeting between an Israeli and a foreign official—when no diplomatic relations obtain between Israel and that …

Constitutional-Criminal Law, J. Michael Walls

Mercer Law Review

The purpose of this article is to provide a discussion of the most interesting and noteworthy cases decided by the Fifth Circuit during 1975 in the area of constitutional criminal law. Although this circuit rendered approximately two hundred criminal opinions involving the constitutional protections guaranteed in the criminal process, relatively few cases dominated this field. Because of the importance of these cases, the author felt compelled to provide a fairly in depth treatment of several more significant decisions. However, in so doing every effort was made to avoid straying from the primary purpose of the article which is to survey …

Making The Constable Culpable: A Proposal To Improve The Exclusionary Rule, Alys Rae Boker, Carol A. Corrigan

UC Law Journal

Responding to the shortcomings of the exclusionary rule, the authors propose the creation of an agency to impose sanctions on police who violate the fourth amendment, and they argue that an administrative remedy would be an effective substitute for the existing rule.

Good Intentions Gone Awry—A Proposal For Fundamental Change In Criminal Sentencing, Christopher T. Bayley

Washington Law Review

This article will discuss the individual treatment model and analyze the fallacies of current sentencing practices and philosophies. Concluding that the treatment model is inappropriate because it fails to consider fundamental principles of justice and the purposes of the criminal law, it will offer an alternative proposal for sentencing that is not dependent on the theory of rehabilitation.

Comment On Survey Of Teaching Methods Of Enivronmental Law Teachers, Geoffrey J. Lanning

Journal of Legal Education

No abstract provided.

Zoning--Modification Of Zoning Ordinance Use Restrictions, John Preston Bailey

West Virginia Law Review

No abstract provided.

Ninth Circuit Review—State Expungement Statutes And Their Effect On Federal Criminal Statutes: United States V. Potts, Margaret H. Grignon

Loyola of Los Angeles Law Review

No abstract provided.

Punitive Damages In Products Liability Litigation, David Owen

Faculty Publications

No abstract provided.

A Flood Of Environmental Legislation: An Analysis Of The New Jersey Experience, 1970-1975, Lewis Goldshore

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Punitive Damages In Products Liability Litigation, David G. Owen

Michigan Law Review

This article will first explore the doctrine of punitive damages and its compatibility with the theories of products liability. The functions of punitive damages and their applicability in the products liability context will then be examined, with particular consideration given to the three complicating factors raised by Judge Friendly in Roginsky. In the following section attention will focus on the various contexts in which manufacturer misconduct has arisen in the reported decisions and a number of unreported cases that have involved this issue. Finally, guidelines will be developed from these cases for determining the appropriateness of punitive damages awards …

Legislative Oversight: An Analysis Of L. 1974, Chapter 27, Department Of The Public Advocate Act, Christine A. Heffner

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Nursing Home Regulation In New Jersey: An Outline With Proposals For Reform, William P. Malloy, Patricia A. Meyer

Seton Hall Journal of Legislation and Public Policy

No abstract provided.

Employment Of Criminal-Record-Victims In Missouri: Restrictions And Remedies, John Kurtz

Missouri Law Review

No abstract provided.

Prisoner's Rights--The Need For An Inmate Grievance Commission In West Virginia, Thomas W. Kupec

West Virginia Law Review

No abstract provided.

Dworkin's "Rights Thesis", Michigan Law Review

Michigan Law Review

This Note argues that the rights thesis is untenable. It shows that Dworkin's distinction between arguments of principle and arguments of policy, upon which the rights thesis is based, cannot withstand close scrutiny. The Note questions whether it is sensible to speak of an objectively soundest theory of law, and argues that, even if such a theory is feasible, Dworkin has failed to prove that it will always dictate a unique result (or, put in different words, that the rights thesis is part of the putative soundest theory). If Dworkin's idea of a soundest theory is oppugned, or if the …

Due Process For Drivers Under The Louisiana Revocation Statutes, Roy S. Payne

Louisiana Law Review

No abstract provided.

Ignorance Of The Law: A Maxim Reexamined, Ronald A. Cass

William & Mary Law Review

No abstract provided.

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …

Statutory Preclusion Of Judicial Review Under The Administrative Procedures Act, Robert F. Holland

Duke Law Journal

No abstract provided.

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …

Unemployment Insurance: Policies And Principles Of Disqualification And Disentitlement For Benefits, Daniel F. Potter

Dalhousie Law Journal

Ever since the 1940 amendment to the BNA Act' which gave exclusive jurisdiction in relation to unemployment insurance to Parliament, the thrust of Canada's unemployment compensation system and the basis for its eligibility conditions has been that the claimant must be unemployed through no fault of his own.2 The primary purpose of the Unemployment Insurance Act, 19713 was put succinctly in a recent decision of the Umpire: ... it is not the function of the Unemployment Insurance Act to provide public welfare, but rather to provide aid of a temporary nature to a claimant who is actively seeking work and …

April 15, 1976, University Of Michigan Law School

Res Gestae

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California's Coast: The Struggle Today -- A Plan For Tomorrow (Part Ii), Peter M. Douglas, Joseph E. Petrillo

Florida State University Law Review

No abstract provided.