Digital Commons Network^™

Elimination Of Arbitrary Automobile Stops: Theory And Practice, Gary D. Stumpp

Fordham Urban Law Journal

The authority of the police to enforce the statutory restrictions governing vehicle and traffic laws has often been considered to be concomitant with a right to stop motorists arbitrarily to determine their compliance. Recently, some courts have eroded this power, to protect the constitutional rights guaranteed to individuals under the fourth amendment. In their consideration of these arbitrary automobile stops, the courts have utilized a balancing process. They consider the state interest in promoting public safety on the highways through the guaranteed enforcement of the relevant laws, as well as the duty of the police to detect and control crime. …

Restoring The Balance: The Second Amendment Revisited, David I. Caplan

Fordham Urban Law Journal

In this article, the Second Amendment is analyzed through a discussion of the history of the right to private arms under English common law, the Second Amendment's legislative history and context, and the United States Supreme Court's decision in United States v. Miller. The articles argues that the private right of keeping arms plays a fundamental role in the constitutional system of checks and balances and that the Second Amendment supports the twin goals of individual and collective defense against violence and aggression. The article concludes that efforts to limit firearms possession to the organized militia undermines these twin goals …

Urban Environmental Law: Emergent Citizens' Rights For The Aesthetic, The Spiritual, And The Spacious, Nicholas A. Robinson

Fordham Urban Law Journal

The issues in environmental law have been largely directed toward the natural environment, however, very recently and with growing force, new law has been channeled into the service of our nation's urban centers. Traditionally, urban environmental law included only broad schemes to redress urban ills, such as zoning laws, public housing programs, and urban renewal. In the past few years, there has been an increase in the development of personally held and asserted citizens rights to a quality urban environment. While articles on the urban environment often deal with statutory and administrative action, this article presents a different perspective, that …

Fcc Broadcast Standards For Ascertaining Community Needs, Arthur P. Deluca

Fordham Urban Law Journal

This comment examines: (1) the history of the ascertainment procedures, including the function of the original Primer; (2) the effect of the Renewal Primer amendments on the ascertainment procedures; and (3) the significance of the Bamford cases in light of the treatment of badly-organized groups under prior ascertainment procedures, and in light of the issuance of the Renewal Primer. The comment argues that the Primer's purpose of increasing the responsiveness of a broadcast applicant to the needs of its proposed service area has improved the situation for the more organized significant groups, such as minority groups, but its effectiveness as …

Prospective Remedies In Constitutional Adjudication, Doug R. Rendleman

Faculty Publications

No abstract provided.

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

O'Connor V. Donaldson, Jeffrey D. Fields

Hofstra Law Review

No abstract provided.

Drug Intoxication And Criminal Responsibility: Old Dilemmas And A New Proposal, Ann Fingarette Hasse

Santa Clara Law Review

No abstract provided.

Aleen R. Hyde V. Earl N. Dorius, Director, Drivers License Division, Depeartment Of Public Safety, State Of Utah : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from judgment of the Second Judicial District Court for Weber County, State of Utah, the Honorable Calvin Could presiding.

The Maryland Inmate Grievance Commission Or The Federal Courts? A Problem Of Exhaustion

Maryland Law Review

No abstract provided.

A Giant Step Backwards: Alyeska Pipeline Service Co. V. Wilderness Society' And Its Effect On Public Interest Litigation

Maryland Law Review

No abstract provided.

Flood Control In Oklahoma: An Example Of Land Use Preceding Land Use Planning, John Hicks, Georgina B. Landman, T. W. Ihloff

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

Tribal Courts, The Model Code, And The Police Idea In American Indian Policy, Russel Lawrence Barsh, J. Youngblood Henderson

Law and Contemporary Problems

No abstract provided.

Free Exercise Of Religion In Prisons―The Right To Observe Dietary Laws, Andrea Bernstein

Fordham Law Review

No abstract provided.

Procedures Before The Federal Aviation Administration, Joseph A. Kovarik

Journal of Air Law and Commerce

No abstract provided.

Automobiles - Implied Consent Law - Motorist Has A Right To Speak With An Attorney Prior To Decision To Take Or Refuse Chemical Testing Of Blood-Alcohol Content, Neil T. Gillund

North Dakota Law Review

No abstract provided.

Insurance - Contract And Policy - The Doctrine Of Reasonable Expectations Applied To Void A Crop Spraying Exclusion, Chad Leduc

North Dakota Law Review

No abstract provided.

International Operations: Current Antitrust Environment, Henry T. King

Case Western Reserve Journal of International Law

No abstract provided.

Constitutional Limitations On The Use Of Canines To Detect Evidence Of Crime, John Schuster

Fordham Law Review

No abstract provided.

Recent Developments

Fordham Law Review

No abstract provided.

Computerized Criminal Records: The Duty Of The Fbi To Maintain And Disseminate Accurate Files, Barbara Pugliese Gorman

University of Dayton Law Review

Tarlton v. Saxbe, 507 F.2d 1116 (D.C. Cir. 1974).

The use and dissemination of criminal records for routine suspect checks, sentencing and parole hearing has been the subject of much recent discussion. Much of the controversy revolves around the increased access to criminal history files through the FBI's National Crime Information Center (NCIC) which serves as a clearing house for law enforcement agencies throughout the nation. Due to conflicting court decisions and varying state statutes, the rights, requirements and limitations for expunging these records are presently in a state of confusion.

Privity? - An Obsolete Approach To The Liability Of Accountants To Third Parties, Albert G. Besser

Seton Hall Law Review

No abstract provided.

Recent Decisions, John E. Drake, Heidi A. Rohrbach, John R. Hellinger, Elizabeth G. Browning

Vanderbilt Journal of Transnational Law

CHOICE OF LAW--WRONGFUL DEATH--GOVERNMENTAL-INTEREST ANALYSIS DETERMINES LAW APPLICABLE TO MEASURE OF DAMAGES IN CLAIMS ARISING FROM FOREIGN Air CRASH

John Edison Drake

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EUROPEAN COMMUNITIES--FREE MOVEMENT OF WORKERS--COURT OF JUSTICE SETS GUIDELINES FOR USE BY MEMBER STATES OF THE PUBLIC POLICY EXCEPTION IN ARTICLE 48

Heidi A. Rohrbach

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TAX TREATIES--UNITED STATES MAY USE THE INTERNAL REVENUE CODE SUMMONING AUTHORITY TO OBTAIN DOMESTIC INFORMATION SOLELY TO AID A FOREIGN DOMESTIC TAX INVESTIGATION PURSUANT TO A TAX TREATY

John R. Hellinger

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TREATY INTERPRETATION--WARSAW CONVENTION-- PASSENGERS UNDERGOING SEARCH PREREQUISITE TO BOARDING ARE ENGAGED IN OPERATIONS OF EMBARKING

Elizabeth Graeme Browning

The Case For The Regulation Of Nonreturnable Beverage Containers, Marvin M. Moore

Kentucky Law Journal

No abstract provided.

Should Standing Stand In The Way Of Irs Revenue Ruling Accountability: Simon V Eastern Kentucky Welfare Rights, David J. Scott

University of Colorado Law Review

No abstract provided.

Federalism And The Eleventh Amendment, Stewart A. Baker

University of Colorado Law Review

No abstract provided.

Imposing A Duty To Warn On Pyschiatrists -- A Judicial Threat To The Psychiatric Profession. Tarasoff V Regents, Theodore A. Olsen

University of Colorado Law Review

No abstract provided.

The Theory And Practice Of Implied Consent In Colorado

University of Colorado Law Review

No abstract provided.

Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

War Powers Resolution Tested: The President's Independent Defense Power, J. Terry Emerson

Notre Dame Law Review

No abstract provided.