Digital Commons Network^™

Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney

Michigan Law Review

State legislatures have enacted civil service laws applicable to municipalities in order to ensure that local governments provide optimum services to their citizens. To achieve this objective, the laws restrict eligibility for public service positions to persons of proven qualifications. Although these statutes provide general guidelines for municipal employment procedures, final decisions as to the actual hiring of employees are generally left to the municipalities. This practice recognizes the advantages of permitting local officials who are intimately acquainted with the demands of government work in their particular localities to select employees at their own discretion. However, it has been deemed …

Jurisdiction In Personam - The Due Process Framework And The Louisiana Experience, David E. Soileau

Louisiana Law Review

No abstract provided.

Substandard Housing: The New Pennsylvania Rent Withholding Act As A Solution, Frank Intrieri, Samuel Pasquarelli

Duquesne Law Review

In many large cities the problem created by substandard housing seems nearly insurmountable. These slums constitute physically rundown and neglected dwellings where little or no sanitary or other facilities exist. The 1950 census of housing indicated that 18.7 percent of all urban dwelling units were either dilapidated or lacked a flush toilet or private bath for exclusive use. In essence, most of these individual and collective units can be factually certified as "unfit for human habitation," yet these areas and dwellings are inhabited.

Equal Protection And Commitment Of The Insane In Wisconsin, Michael W. Wilcox

Marquette Law Review

No abstract provided.

Administrative Inspections And The Right Of Privacy: The Frank Compromise, William T. Define

Villanova Law Review (1956 - )

No abstract provided.

Objective: Tax Avoidance, Clay Brown And The Three-Party Sale And Leaseback, Louis F. Nicharot

Villanova Law Review (1956 - )

No abstract provided.

The State Secrets Privilege, James Zagel

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Common Law Copyright -- Alternative To Right Of Privacy? Constitutional Law -- Freedom Of Association -- Right Of State University To Regulate Fraternity Membership Standards. Constitutional Law -- Obscenity -- Principal Of Pandering Promotion. Criminal Law -- Police Interrogation -- Confessions. Evidence -- Self-Incrimination -- Sound Film Of Refusal To Take Sobriety Tests Admissible. Nuisance -- Strict Liability -- Storage Of Explosives. Remedies -- Violation Of Statute -- Implied Private Cause Of Action. Security Law -- Chattel Mortgage Act -- Priority Dispute. Torts -- Imputed Contributory Negligence Abolished -- A Justifiable Doctricide., Jack N. Hyatt, Mitchel R. Goldberg, Clarold F. Morgan, Leo H. Smith, William Redak Jr, Andrew J. Friedrich, Douglas L. Grant, E Bentley Hamilton Jr, Arthur C. Daily

University of Colorado Law Review

No abstract provided.

Crew Conduct As Unseaworthiness, James E. Saari

Cleveland State Law Review

It seems repugnant to all law that a shipowner should be held liable under the doctrine of unseaworthiness for occurrences which he has no reasonable way of preventing. The shipowner may be best protected by incorporating his knowledge of a crew member's dangerous propensities as an element of proof in assault cases based on unseaworthiness. Should general maritime law continue to offer legal barriers to shipowners, a seaman's workmen's compensation statute or a general re-draft of the Jones Act could enable the shipowner to set up stronger defense in an unseaworthiness action.

The Unit-Of-Time Argument - Inherently Prejudicial, Robert B. Davis

SMU Law Review

No abstract provided.

When Is A Religious Belief Religious United States V. Seeger And The Scope Of Free Exercise , Robert L. Rabin

Cornell Law Review

No abstract provided.

The Alaskan Earthquake Of 1964 And Some Of The Problems In Law Occasioned Thereby, Richard R. B. Powell

UC Law Journal

No abstract provided.

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

Articles

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 suggest 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 Habeas Corpus Confronts The Colorado Courts: Catalyst Or Cataclysm?, Michael L. Bender

University of Colorado Law Review

No abstract provided.

Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. § 2255, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Due Process Of Law In Criminal Cases, George Edwards

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Police Science Technical Abstracts And Notes

Journal of Criminal Law and Criminology

No abstract provided.

Driver Looks At Traffic Enforcement, John J. Bowen

Journal of Criminal Law and Criminology

No abstract provided.

Pursuit Of International Criminals Through Interpol , Arnold Sagalyn

Journal of Criminal Law and Criminology

No abstract provided.

Constitutionality Of The Alcohol Blood Test, Pamela T. Maxham

SMU Law Review

No abstract provided.

Birth And Death And Governmental Immunity, Verne Lawyer

Cleveland State Law Review

Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …

The California City Versus Preemption By Implication, James E. Allen Jr., Laurence K. Sawyer

UC Law Journal

No abstract provided.

The Failure To Use Seat Belts As A Basis For Establishing Contributory Negligence, Barring Recovery For Personal Injuries, William Carnazzo, Paul G. Flynn

University of San Francisco Law Review

No abstract provided.

Airport Zoning: A Growing Need In South Carolina, Julian L. Stoudemire

South Carolina Law Review

No abstract provided.

Interstate Legal Barriers To Transportation In The Trans-Missouri West, Clayton Yeutter

University of Colorado Law Review

No abstract provided.

In Defense Of Capital Punishment, R. Rees Kinney

Kentucky Law Journal

No abstract provided.

Municipal Home Rule For Kentucky?, R. Cletus Maricle

Kentucky Law Journal

No abstract provided.

The Right To Bear Arms: A Phenomenon Of Constitutional History, Ralph J. Rohner

Scholarly Articles

Most discussions of the right to bear arms-however superficial-begin by noting the specific language of the second amendment to the United States Constitution, which provides:

A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.

And in various similar provisions, the constitutions of thirty-five states guarantee expressly the right to bear arms. Though it is submitted below that there may be significant distinctions between the protection afforded by the federal and state constitutions, for our purposes here we are concerned primarily with the …

Concurrent Jurisdiction Of Arbitrators And The Nlrb, David R. Hansen

University of Colorado Law Review

No abstract provided.