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Gagnon V. Scarpelli, Lewis F. Powell Jr. Oct 1972

Gagnon V. Scarpelli, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


The Exclusionary Rule In Context, Michael Gunter Oct 1972

The Exclusionary Rule In Context, Michael Gunter

North Carolina Law Review

No abstract provided.


Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt Oct 1972

Criminal Law—Court Orders Broad Relief To Inmates Throughout The Virginia Penal System Where Constitutional Rights Have Been Violated., Arthur H. Ackerhalt

Buffalo Law Review

Landman v. Royster, 333 F. Supp. 621 (E.D. Va. 1971).


Evidence--Breathalyzer Test--Property Foundation For Admissibility Into Evidence Sep 1972

Evidence--Breathalyzer Test--Property Foundation For Admissibility Into Evidence

West Virginia Law Review

No abstract provided.


Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom Aug 1972

Removing The Stigma Of Arrest: The Courts, The Legislatures And Unconvicted Arrestees, William J. Leedom

Washington Law Review

Society punishes criminal conduct by incarceration and moral condemnation. Prior to imposing sanctions for the commission of criminal acts, the accused must be proven guilty beyond a reasonable doubt in accordance with adequate procedural safeguards. Yet each year thousands of unconvicted arrestees are subjected to the same stigma which society imposes on those who are convicted because the records of all arrestees, whether convicted or not, are retained and disseminated by law enforcement agencies. This comment will first present the arrest record debate. The traditional justifications for the present system will be compared with those underlying the new approach to …


The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review Aug 1972

The Expanding Constitutional Protection For The News Media From Liability For Defamation: Predictability And The New Synthesis, Michigan Law Review

Michigan Law Review

The tort of defamation has a long and complex history dating back to the sixteenth century. Though this tort from the very beginning did not find favor with the law courts, it has managed to survive into the second half of the twentieth century. But this survival may not endure much longer since the Supreme Court has found a deep conflict between the law of defamation and the first amendment. The reasons for this conflict and the Supreme Court's basic resolution of it in favor of first amendment values have been the subject of much scholarly comment, but the Court's …


United States-Soviet Union Trade Agreement Of 1972, Kazimierz Grzybowski Jul 1972

United States-Soviet Union Trade Agreement Of 1972, Kazimierz Grzybowski

Law and Contemporary Problems

No abstract provided.


Constitutional Caveat On The Vicarious Liability Of Parents, Paul V. Reagan Jun 1972

Constitutional Caveat On The Vicarious Liability Of Parents, Paul V. Reagan

Notre Dame Law Review

No abstract provided.


David Meets Goliath In The Legislative Arena: A Losing Battle For An Equal Charitable Voice, Edward W. Wachtel Jun 1972

David Meets Goliath In The Legislative Arena: A Losing Battle For An Equal Charitable Voice, Edward W. Wachtel

San Diego Law Review

It is discriminatory not to allow tax exempt organizations to advocate directly before Congress on an equal basis with private business. Moreover, these organizations can be a valuable source of information. They can broaden legislators' understanding of proposed legislation, and they can suggest valuable legislative alternatives.


Table Of Cases Jun 1972

Table Of Cases

Louisiana Law Review

No abstract provided.


Session Law 72-299, Florida Senate & House Of Representatives May 1972

Session Law 72-299, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


The Environmentalist And Radioactive Waste, James B. Moore Apr 1972

The Environmentalist And Radioactive Waste, James B. Moore

Chicago-Kent Law Review

No abstract provided.


Immunity Or Responsibility For Unconstitutional Conduct: The Aftermath Of Jackson State And Kent State, Paul R. Verkuil Apr 1972

Immunity Or Responsibility For Unconstitutional Conduct: The Aftermath Of Jackson State And Kent State, Paul R. Verkuil

North Carolina Law Review

No abstract provided.


Legal Dimensions Of Women's Liberation: An Overview, Robert A. Sedler Apr 1972

Legal Dimensions Of Women's Liberation: An Overview, Robert A. Sedler

Indiana Law Journal

No abstract provided.


The Financial Responsibility Laws: A Timely Reappraisal Of A Discriminatory Scheme, George Peterson Apr 1972

The Financial Responsibility Laws: A Timely Reappraisal Of A Discriminatory Scheme, George Peterson

Loyola of Los Angeles Law Review

No abstract provided.


The Demands Of The Inmates Of Attica State Prison And The United Nations Standard Minimum Rules For The Treatment Of Prisoners: A Comparison, Douglas J. Besharov, Gerhard O. W. Mueller Apr 1972

The Demands Of The Inmates Of Attica State Prison And The United Nations Standard Minimum Rules For The Treatment Of Prisoners: A Comparison, Douglas J. Besharov, Gerhard O. W. Mueller

Buffalo Law Review

No abstract provided.


A Comment On Sostre V Mcginnis, Herman Schwartz Apr 1972

A Comment On Sostre V Mcginnis, Herman Schwartz

Buffalo Law Review

No abstract provided.


Recent Development, Law Review Staff Apr 1972

Recent Development, Law Review Staff

Vanderbilt Law Review

This Comment will explore the origin, evolution, and refinement of the common-law classifications, with particular focus upon recent decisions abrogating these distinctions in favor of a broader standard of ordinary care under the circumstances.

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The problem of defining a landowner's' responsibility toward persons who come upon his premises has been the subject of longstanding controversy. While some commentators have argued that the limited responsibility placed by the common law on landowners does not comport with modern principles of negligence liability proponents of the common-law standards have urged that the common-law scheme of entrant classes--trespasser, licensee, invitee--provides a workable approach …


State Aids, State Monopolies, And Public Enterprises In The Common Market, Pierre Mathijsen Apr 1972

State Aids, State Monopolies, And Public Enterprises In The Common Market, Pierre Mathijsen

Law and Contemporary Problems

No abstract provided.


Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon Mar 1972

Constitutional Law—Freedom Of Religion—Compulsory School Attendance Law: State Interests Balanced Against Beliefs Of Members Of The Amish Faith—State V. Yoder, 49 Wis.2d 430, 182 N.W.2d 539, Cert. Granted, 402 U.S. 994 (1971), Anon

Washington Law Review

Defendants, members of the Old Order Amish religion and of the Conservative Amish Mennonite Church, refused to enroll their children, eighth-grade public school graduates, in public high school and were subsequently convicted of violating the Wisconsin Compulsory School Attendance Law. The trial court held the attendance law to be a reasonable exercise of a governmental function of the state even though the law interfered with the defendants' sincere religious beliefs. The convictions and assessments of fines were affirmed by the circuit court. On appeal, the Wisconsin Supreme Court reversed. Held: The Wisconsin Compulsory School Attendance Law, as applied to the …


Bankruptcy—Financial Responsibility Laws—Effect Of Discharge Of Automobile Judgment Upon Driver's License Suspensions—Perez V. Campbell, 402 U.S. 637 (1971), Anon Mar 1972

Bankruptcy—Financial Responsibility Laws—Effect Of Discharge Of Automobile Judgment Upon Driver's License Suspensions—Perez V. Campbell, 402 U.S. 637 (1971), Anon

Washington Law Review

Adolfo Perez, driving a car registered in his name, was involved in an automobile collision in Arizona. Mr. Perez was not carrying automobile liability insurance at the time of the accident. The minor who was driving the second car and her parents sued Mr. and Mrs. Perez in an Arizona state court for personal injuries and property damage. Judgment was entered against them. Mr. and Mrs. Perez filed petitions in bankruptcy and were discharged from all their provable debts, including the judgment arising from Mr. Perez's driving mishap. During the pendency of the bankruptcy proceedings, their driver's licenses and automobile …


Report Of The Grand Jury Committee, San Diego County Bar Association, Norbert Hrenfreund, Edwin L. Miller Jr., Sol Price, David M. Gill, James M. Gattey Feb 1972

Report Of The Grand Jury Committee, San Diego County Bar Association, Norbert Hrenfreund, Edwin L. Miller Jr., Sol Price, David M. Gill, James M. Gattey

San Diego Law Review

A discussion of a study done determine four major issues: Should there be a Grand Jury? How should the Grand Jury be selected? What type of cases should be presented to the Grand Jury? How should the Grand Jury Proceedings be conducted? A history of Grand Juries and recommendations are also given by the author.


Public Law: Administrative Regulation - Law And Procedure, Melvin G. Dakin Feb 1972

Public Law: Administrative Regulation - Law And Procedure, Melvin G. Dakin

Louisiana Law Review

No abstract provided.


Adult's Right To Resist Blood Transfusions: A View Through John F. Kennedy Memorial Hospital V. Heston, James F. Hoover Feb 1972

Adult's Right To Resist Blood Transfusions: A View Through John F. Kennedy Memorial Hospital V. Heston, James F. Hoover

Notre Dame Law Review

No abstract provided.


Reconsideration Of Scope Of Review For Habeas Corpus From Military Courts, M. Lawrence Shields Iii Jan 1972

Reconsideration Of Scope Of Review For Habeas Corpus From Military Courts, M. Lawrence Shields Iii

Duquesne Law Review

Until several years ago, most people, lawyers and laymen alike, had little concern for the nature of the military justice system and its relation to the state and federal systems of justice. Unless one were a career soldier, had served in the armed services, or lived near a military base, military law never captured his attention or touched his personal life. However, with the United States' increased involvement in the Vietnam conflict and resulting governmental prosecutions of individuals for the commission of "battle-related crimes," the military justice system has increasingly come to the attention of the American public. The widespread, …


Noise And The Law: A Survey, Joseph L. Cohen, Leonard Sharon Jan 1972

Noise And The Law: A Survey, Joseph L. Cohen, Leonard Sharon

Duquesne Law Review

The subject of noise and the law has received extensive comment recently as a consequence of a more general concern with environmental protection. Although a certain amount of redundancy, therefore, cannot be avoided in treating this subject, the purpose of this article is to set forth the state of the law with respect to problems of noise. Consideration will first be given to the private remedies available to persons whose personal or property rights are adversely affected by noise. Secondly, the law of public nuisance will be explored as a transitional concept from private remedy to public regulation. The various …


The Aesthetic Factor In Zoning, Robert S. Pearlstein Jan 1972

The Aesthetic Factor In Zoning, Robert S. Pearlstein

Duquesne Law Review

No abstract provided.


Table Of Cases - Volume 11 (1972-1973) Jan 1972

Table Of Cases - Volume 11 (1972-1973)

Duquesne Law Review

No abstract provided.


Conflict Of Laws - A Federal Court, Sitting In Diversity, Held Not Bound By Conflict Of Laws Rules Of The Forum State When A False Conflict Is Found To Exist, Louis M. Rundio Jr. Jan 1972

Conflict Of Laws - A Federal Court, Sitting In Diversity, Held Not Bound By Conflict Of Laws Rules Of The Forum State When A False Conflict Is Found To Exist, Louis M. Rundio Jr.

Loyola University Chicago Law Journal

No abstract provided.


Torts—Specific Intent To Indemnify Indemnitee For His Active Negligence Found Despite Equivocal Contract Language, James D. Donovan Jan 1972

Torts—Specific Intent To Indemnify Indemnitee For His Active Negligence Found Despite Equivocal Contract Language, James D. Donovan

Buffalo Law Review

Levine v. Shell Oil Co., 28 N.Y.2d 205, 269 N.E.2d 799, 321 N.Y.S.2d 81 (1971).