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Constitutional Common Law, Henry Paul Monaghan

Faculty Scholarship

Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …

Kentucky Law Survey: Torts, Richard C. Ausness

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of tort law. The topics covered in this discussion include: negligence per se, res ipsa loquitur, the legal duty of a land owner, parental liability for the acts of children, the last clear chance doctrine, products liability, private nuisance, and public nuisance.

The British North America Act And The Protection Of Individual Rights: The Canadian Bill Of Rights, Edward G. Hudon

Valparaiso University Law Review

No abstract provided.

Constitutional And Statutory Regulation Of Private Colleges And Universities, Philip J. Faccenda, Kathleen Ross

Valparaiso University Law Review

No abstract provided.

The Eleventh Amendment: A Bar To Awards Of Attorneys' Fees In Suits Against State Officials?

Valparaiso University Law Review

No abstract provided.

Energy Development In The West: Conflict And Coordination Of Governmental Decision-Making, Michael D. White, Hamlet J. Barry Iii

North Dakota Law Review

No abstract provided.

A City In Terror. By Francis Russell. New York: The Viking Press, Inc., 1975. Pp. 256. $10.00., Joseph R. Crowley

Fordham Urban Law Journal

In the past decade, the greatest phenomena in the field of labor relations in the United States has been the rapid growth of the organization of public employees into structures for collective bargaining. Today's public employees have obviously concluded that enhancement of terms and conditions of employment can only be achieved through the negotiating process. The posture of public employees was in 1919 (the time period dealt with by Russell) an unthinkable concept insofar as it impinged upon the sovereignty of government. Moreover, it was deemed at that time that public employees were public servants who had no right to …

Law And Bureaucracy: The Shroud Of Aviation, Paul P. Flynn

Journal of Air Law and Commerce

No abstract provided.

A No-Fault Aviation Insurance Plan, Dale Milford

Journal of Air Law and Commerce

No abstract provided.

Air Transportation Markets: Definitional Confusion, William A. Jordan

Journal of Air Law and Commerce

No abstract provided.

Institutional Innovation In New Towns: The Dual Developer Concept, William Nicoson

Fordham Urban Law Journal

New communities have long been celebrated as models for increased order and quality in the process by which rural land is brought into urban use and urban land into more intensive use. At the community level, innovations may be more readily tested in new communities rather than in existing settlements. While much attention has been focused upon innovations in technological and social systems, little attention has been given to institutional and financing innovations. Nonetheless, new institutional and financing techniques have been quietly introduced in the development of new communities. The most significant of these innovations address the problem of assuring …

Texas Open Records Act: Law Enforcement Agencies' Investigatory Records, J. Graham Hill

SMU Law Review

No abstract provided.

The Texas Tort Claims Act - Problems In Federal Court, Kenneth H. Molberg

SMU Law Review

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Book Chapters

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggests that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

Federal Tort Claims Act--An Alternative To The Exclusionary Rule, The , Francis A. Gilligan

Journal of Criminal Law and Criminology

No abstract provided.

Skyjacking Crime Control Models, W. William Minor

Journal of Criminal Law and Criminology

No abstract provided.

Juvenile Detention Hearings: The Case For A Probable Cause Determination, Nancy Hoffman, Kristine Mackin Mccarthy

Santa Clara Law Review

No abstract provided.

Jim Jensen, Et Al., Blanche Parsons, Et Al. V. Salt Lake County Board Of Commissioners, Et Al. : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from Declaratory Judgment of the District Court of Salt Lake County, State of Utah Honorable Stewart M. Hanson

The State Of Utah, By And Through Its Industrial Commission; The State Of Utah, By And Through Its Road Commission; And Flowell Electrical Association Inc. V. Cox Construction Company Inc. : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

Appeal from Judgment of the District Court in and for Salt Lake County, State of Utah Honorable G. Hal Taylor, Judge Honorable Maurice G. Harding, Judge

Aleen R. Hyde V. Earl N. Dorius, Director, Diver License Division, Department Of Public Safety, State Of Utah : Brief Of Respondent, Utah Supreme Court

Utah Supreme Court Briefs (through 1999)

APPEAL FROM THE JUDGMENT OF THE SECOND JUDICIAL DISTRICT COURT, IN AND FOR WEBER COUNTY, STATE OF UTAH, THE HONORABLE CALVIN GOULD, JUDGE, PRESIDING.

State Management Of The Environment Part Two: A Continuing Evaluation Of The Michigan Experience, Geoffrey J. Lanning

University of Michigan Journal of Law Reform

In Part One of this article, the author outlined the scope and character of Michigan's environmental problems and suggested some of the factors underlying the state's weak and bureaucratic decisionmaking process. Part Two concludes the author's analysis of the fundamental obstacles to effective environmental decisionmaking in Michigan, and Part Three will contain recommendations for reform.

No-Fault Auto Reparation In Florida: An Empirical Examination Of Some Of Its Effects, Joseph W. Little

University of Michigan Journal of Law Reform

This article discusses certain aspects of reparations systems that can be described by statistical parameters, but it does not attempt to evaluate whether or not pervasive sociological changes may result from legal modifications of the concept of fault. It may be that any erosion of fault as a legal concept will result in a decline in individual responsibility. The fact that some members of the bar and some members of the medical profession allegedly regularly engage in conspiracies to defeat the $1,000 medical expense threshold of the Florida statute could be cited as evidence of such deterioration. Nevertheless, this writer …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1975-1976, University Of Richmond

Law School Catalogues

General Information:

The Law School was established as a department of Richmond College in 1870. In 1890 the family of the late T. C. Williams, who had been a devoted and valued Trustee, donated $25,000 as the nucleus of an endowment for the Law School. In recognition of this gift, the name of the School was changed to the T. C. Williams School of Law. At various times the School has received further generous gifts from members of the family of Mr. Williams. A substantial gift came through a bequest from Mr. T. C. Williams, Jr. who, like his father, …

The Attorney Of The State And The Attorney For The People: The Powers And Duties Of The Attorney General Of North Dakota, Russell J. Myhre

North Dakota Law Review

No abstract provided.

How The Privilege For Governmental Information Met Its Watergate, Margaret A. Berger

Case Western Reserve Law Review

No abstract provided.

The Montana Coroner System: An Archaic Inadequacy In Need Of Reform, John Pfaff, Bruce A. Mackenzie

Montana Law Review

The Montana Coroner System: An Archaic Inadequacy In Need Of Reform

Green V. The Superior Court: The Implied Warranty Of Habitability In California And Montana, Christopher B. Swartley

Montana Law Review

Green v. The Superior Court: The Implied Warranty Of Habitability In California And Montana

Juvenile Court And Arrest Records, Adrienne E. Volenik

Law Faculty Publications

Recognizing the near impossibility of changing societal views toward juvenile offenders, many legislators have at- tempted instead to combat the harmful effects of a delinquency adjudication by providing for concealment of juvenile records, on the grounds that such concealment will aid the child's reintegration into society.

General Revenue Sharing, Nepa, And The Bureaucratic Paper Shuffle: Must The Federal Government Prepare Environmental Impact Statements Prior To Local Spending Decisions, Judith Harris Rawson

Case Western Reserve Law Review

No abstract provided.

The Emergency Doctrine, Civil Search And Seizure, And The Fourth Amendment, Melinda Roberts

Fordham Law Review

No abstract provided.