Digital Commons Network^™

Recent Cases, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Emergency Powers Of The Governor In North Dakota, Jerald L. Engelman

North Dakota Law Review

No abstract provided.

Using Statistical Evidence To Enforce The Laws Against Discrimination, Kenneth Montlack

Cleveland State Law Review

In actions brought under a variety of federal statutes barring racial discrimination, the federal judiciary has increasingly relied upon statistical evidence in determining the existence of unlawful discrimination. This article will seek to identify the nature and extent of such reliance on statistical evidence, discuss the reasons for the increasing use of statistical evidence, analyze the significance of the increase, and explore the potential for using statistical evidence in actions by the Ohio Civil Rights Commission.

Judicial Review For Ohio's Civil Servants, Donald Applestein

Cleveland State Law Review

With the proliferation of administrative agencies, numerous problems are naturally encountered. In spite of the tendency toward problems, one would hope that in establishing these agencies, the legislature whether it be on the local, state, or federal level would do its utmost to insure uniformity within a given area. A review of sections 119.12, 143.27, and 2506 of the Ohio Revised Code and the relevant case law, however, reveals the Ohio legislature's failure to insure that uniformity.

The Roles Of Architect And Contractor In Construction Management, John E. Lehman

University of Michigan Journal of Law Reform

For the architect and building contractor the most significant aspect of modern commercial construction may not be the design but rather the management, consisting of coordination and administration, of large-scale building projects. Despite the importance of construction management, especially in mammoth and complex projects such as New York's World Trade Center, legislatures have been slow to respond to the needs and practices of the construction industry. Although the skills involved indicate that the role of construction manager is more appropriately assumed by a contractor, the laws of several states provide that only a licensed architect can take responsible charge of …

Awarding Attorneys' Fees To The Private Attorney General: Judicial Green Light To Private Litigation In The Public Interest, Robert L. Weiner

UC Law Journal

No abstract provided.

Book Reviews, Jay D. Myster, Lloyd S. Myster

North Dakota Law Review

No abstract provided.

Some Unreported Cases And Unresolved Issues In North Dakota Law, Robert Vogel

North Dakota Law Review

No abstract provided.

A Critical Guide To Ex Parte Mccardle, William W. Van Alstyne

Faculty Publications

Given the growing trend of proposed Congressional bills seeking to remove certain types of cases from the Supreme Court's appellate jurisdiction, this examination looks back on Ex Parte McCardle, the quintessential case that defined the limits of the Exceptions Clause.

The Import Surcharge Of 1971: A Case Study Of Executive Power In Foreign Commerce, David Pollard, David A. Boillot

Vanderbilt Journal of Transnational Law

The importance of foreign trade in the conduct of foreign affairs demonstrates that many foreign commerce questions contain foreign affairs overtones. For example, President Nixon has recently noted that congressional restrictions on granting the Soviet Union most-favored-nation treatment would be "a hurdle to further detente." Although article I, section 8 of the Constitution vests the power to regulate foreign commerce in the legislative branch, the Congress has delegated a great deal of that power to the Executive. Moreover, it appears that the President possesses certain inherent powers in foreign commerce as a result of his extensive, albeit undefined, authority in …

Case Notes

Fordham Law Review

No abstract provided.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Case Digest, Journal Staff

Vanderbilt Journal of Transnational Law

1. ADMIRALTY

DAMAGES FOR SURVIVOR'S GRIEF ARE NOT PROPERLY AWARDABLE IN GENERAL FEDERAL MARITIME ACTION FOR WRONGFUL DEATH

LONGSHOREMAN IS NOT THIRD PARTY BENEFICIARY OF MARITIME STEVEDORING AND CHARTER PARTY CONTRACTS

SHIPOWNER'S LIABILITY FOR REMOVAL OF VESSEL WRECKAGE NOT LIMITED BY THE SHIPOWNERS' LIMITED LIABILITY ACT

COURTS MAY ADOPT STATE LAW FOR MEASUREMENT OF DAMAGES IN MARITIME TORT ACTION

2. BORDER SEARCHES

A HUNCH IS INSUFFICIENT BASIS UNDER FOURTH AMENDMENT FOR BORDER SEARCH AND ARREST

3. CONSTITUTIONAL LAW

STATE STATUTE PROHIBITING THE IMPORTATION OF FOREIGN FIREARMS PARTS IS AN UNCONSTITUTIONAL INVASION OF THE CONGRESSIONAL POWER TO REGULATE FOREIGN COMMERCE

4. …

A Married Woman's Surname: Is Custom Law?, Julia C. Lamber

Articles by Maurer Faculty

A general awakening of concern for the rights of women has occurred in recent years, and with it the particular problems of married women have been analyzed against a background of centuries of legal and social assumptions. With the impetus of employment discrimination legislation, the proposed equal rights amendment, and litigation raising sex discrimination issues, it is not surprising that many women are actively seeking to retain their pre-marriage names. This movement compels us to re-examine the custom that a woman must assume her husband's surname upon marriage. That such a phenomenon is custom and not law deserves our attention …

The Evolution Of Drug Legislation In Kentucky, Dale H. Farabee

Kentucky Law Journal

No abstract provided.

Transfer Of Jurisdiction In Juvenile Court: An Analysis Of The Proceeding, Its Role In The Administration Of Justice, And A Proposal For The Reform Of Kentucky Law, Mortimer J. Stamm

Kentucky Law Journal

No abstract provided.

Negligence--Violation Of Safety Regulation As Negligence Per Se: The Perishable Sanction, David Lemaster

Kentucky Law Journal

No abstract provided.

Justice Henry Billings Brown: Values In Tension, Robert J. Glennon, Jr.

University of Colorado Law Review

No abstract provided.

In Defense Of Capital Gains, Constantine N. Katsoris

Fordham Law Review

No abstract provided.

Violence And Obscenity--Chaplinsky Revisited

Fordham Law Review

No abstract provided.

Religion In Politics And The Income Tax Exemption, Joel E. Davidson

Fordham Law Review

No abstract provided.

Constitutional Law--Martial Law--Preserving Order In The State: A Traditional Reappraisal, James E. Roark

West Virginia Law Review

No abstract provided.

Police Use Of Firearms In West Virginia--An Empirical Study, James R. Keegan

West Virginia Law Review

In its study of crime and law enforcement in the United States, the President's Commission on Law Enforcement and Administration of Justice found it "surprising and alarming that few police departments provide their officers with careful instruction on the circumstances under which the use of a firearm is permissible." This failure on the part of police administrators leaves the uninformed patrolman, charged with the day to day duty of law enforcement, subject to civil and criminal liability for the wrongful use of his weapon. It also needlessly exposed the innocent bystander to death or grievous bodily harm. To discover the …

Constitutional Law -- First Amendment -- The Balancing Process For Free Exercise Needs A New Scale, W. Kimball Griffith

North Carolina Law Review

No abstract provided.

An Other Insurance Provision Is Ineffective In Limiting Recovery From An Insurer For Actual Damages Caused By An Uninsured Motorist., J. Michael Myers

St. Mary's Law Journal

Abstract Forthcoming.

The Regulation Of Subdivisions, John L. Fitzgerald

William & Mary Law Review

No abstract provided.

Marijuana Laws - A Crime Against Humanity, Hyman M. Greenstein, Paul E. Dibianco

Notre Dame Law Review

No abstract provided.

The Opinion Volume 13 Number 3 – November 2, 1972, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated November 2, 1972

The Revised Washington Criminal Code: A Defense Perspective, John M. Darrah

Washington Law Review

Those who work with Washington's criminal law generally concede that it is in need of substantial overhaul. Consequently, members of the bench, law enforcement agencies, the state legislature, the public, prosecutors and defense attorneys undertook to draft a new criminal code for Washington. Input came from varied sources—from law enforcement personnel to a former inmate of the Washington prison system. The Proposed Code reflects the input of each contributor; it cannot be labelled the Code of any single group. This article attempts to analyze those sections of the Proposed Code that are important from a defense attorney's standpoint. No attempt …

Immunity From Prosecution And The Fifth Amendment: An Analysis Of Constitutional Standards, R. Anthony Orsbon

Vanderbilt Law Review

Transactional immunity, on one hand, affords a witness absolute immunity from prosecution for the offense to which the testimony relates, but testimonial immunity, on the other hand, provides protection only from the use of the testimony itself or any evidence derived' directly or indirectly from it--use and fruits immunity. Until the Supreme Court's recent decision in United States v. Kastigar, conflict over the immunity concept was best manifested by the attempts to formulate an appropriate characterization of the relationship between Counselman v. Hitchcock, which represents the transactional immunity approach, and Murphy v. Waterfront Commissioner of New York Harbor, representing a …