Digital Commons Network^™

Legality, Bureaucracy, And Class In The Welfare System, William H. Simon

Faculty Scholarship

When lawyers confronted the welfare system in the 1960's, they charged it with oppressive moralism, personal manipulation, and invasion of privacy. They focused attention on the "man-in-the-house" rules that disqualified families on the basis of the mother's sexual conduct and the "midnight raids" in which welfare workers forced their way into recipients' homes searching for evidence of cohabitation.

When I represented welfare recipients from 1979 to 1981, the workers showed little interest in policing their morals or intruding on their private lives. The "man-in-the-house" rule and the practice of unannounced or nighttime visits had been repudiated. Yet the pathologies emphasized …

The International Entertainer Under United States Immigration Law, Charles C. Foster

San Diego Law Review

This Article examines the procedures available to the alien performer wishing to enter this country, either temporarily or permanently. The author argues that, while the foreign entertainer has traditionally brought diversity and enrichment to our culture, current immigration laws have been designed to particularly restrict the entry of these aliens. He presents a survey of the various statutory and regulatory provisions that apply to foreign artists who wish to enter the United States and concludes that immigration laws concerning alien entertainers cannot be formulated until overall immigration policy in terms of economic concerns and the foreign worker is adequately addressed.

The Record - Vol. 9, Issue 15, Iit Chicago-Kent College Of Law

The Record

Chicago-Kent College of Law newsletter. Topics covered include: announcements and notices, events, information for specific students, job postings, internship opportunities, scholarships, financial aid, information about societies and other organizations, and career advice.

Vol. 31, No. 8, November 10, 1982, University Of Michigan Law School

Res Gestae

•'Unfortunately, We Are Unable to…' •Sandalow: U Should Stay Out of Politics •Vandals Rip Gay Notices •'Maybe I just wore the wrong tie' •Notices •We've Got Jobs •Monroe Meters Work Overtime •Socratizing Quality Teaching •Israeli 'Invasion' Was Justified •Costello: Clever Romantic's Bedroom Antics •Students Hold Key to Law Fund Future •Senate Recognizes JLSU •It Could Happen To You •Law in the Raw

Battered Woman Syndrome: Admissibility Of Expert Testimony For The Defense--Smith V. State, Rebecca A. Kultgen

Missouri Law Review

No abstract provided.

Vol. 31, No. 6, October 20, 1982, University Of Michigan Law School

Res Gestae

•Positively Not Wall Street •WLSA Display to Outline Rape Problem •Public Interest Job Discussion •FLP Fundraiser to Aid Battered Women •Notices •The Legal Lemmings March •Scrimp Cocktail •High Schoolish, Fer Sure •Library Malcontents •Prison Repression: a call to action •Reader Rejects Loots' 'Left Wing Mythology' •Springsteen: Lonely Man of Faith •A Heavenly Idea for Resolving Disputes •Law in the Raw

The 1981 Afdc Amendments: Rhetoric And Reality, Michael Neuhardt

University of Dayton Law Review

No abstract provided.

Volume 55, Issue 5 (1982)

Obiter Dicta

No abstract provided.

The Forum (Volume 12, Number 1), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

Patricia Boals V. Jack Michael Boals : Brief Of Appellant, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the Third District Court in and for Summit County. The Honorable Bryant H. Croft, presiding.

The Practice Of Social Work In Legal Services Programs, Heather B. Craige, William G. Saur, Janice B. Arcuri

The Journal of Sociology & Social Welfare

Because the legal difficulties of the poor are frequently symptomatic of longstanding economic, social and personal problems, a small number of legal services programs have hired social workers to collaborate with attorneys. A questionnaire was sent to all social workers employed by legal services programs encountered, job satisfaction and need for continuing education. Data on 48 social workers were analyzed using descriptive statistics. Results indicate that social workers can increase the scope and depth of services delivered by legal services programs and also find considerable satisfaction in their work.

Criminal Law: The Missing Element In Sentencing Reform, Michael H. Tonry

Vanderbilt Law Review

The thesis of this Article is that the substantive criminal law is the missing element in sentencing reform. If comprehensive sentencing reform strategies are to have lasting effect, legislatures must reintroduce the criminal law to the sentencing process. This step will require a rekindled interest in a moral analysis of the substantive criminal law and the enactment of greatly reduced statutory sentence maximums, along with more conventional institutional changes to structure discretion and increase official accountability.

Objections to American sentencing procedures range from the principled to the practical. Part II of this Article summarizes the basic objections that have influenced …

University Of Richmond Bulletin: Catalog Of The T.C. Williams School Of Law For 1982-1984, University Of Richmond

Law School Catalogues

History:

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 …

The Andragogical Basis Of Clinical Legal Education, Frank S. Bloch

Vanderbilt Law Review

Clinical legal education offers law students the opportunity to work together with faculty on cases that present the types of problems which law students want to learn how to solve. Andragogical theory holds that adult learners such as law students should be taught through mutual inquiry between teacher and student, through the use of actual experience, and with the recognition that students are ready and oriented to learn about that which they perceive to be relevant to their current social roles and professional goals. The clinical method of law teaching adds an important andragogical component to professional legal education; at …

Volume 54, Issue 17 (1982)

Obiter Dicta

No abstract provided.

Nurse Practice Acts; Series I; File 139, Juanita Hunter

Juanita Hunter, RN & NYSNA Papers [1973-1990]

No abstract provided.

1982-1983 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Boards, p. 4

Yeshiva University, p. 4

Cardozo School of Law, p. 4

Administration, p. 5

Yeshiva University, p. 5

Cardozo School of Law, p. 6

Faculty, p. 7

Adjunct Faculty, p. 17

History and Purpose, p. 21

Yeshiva University, p. 21

Cardozo School of Law, p. 22

Admissions, p. 24

Student Finances, p. 28

Placement, p. 32

Student Life, p. 33

Location, p. 34

Housing, p. 34

Student Activities, p. 34

Facilities, p. 36

Lillian and Rebecca Chutick Law Library, p. 36

Awards and Honors, p. 37

Program of Study, p. 38

Degree Requirements, p. 40

Ethical and …

The Affirmative Duty To Desegregate Institutions Of Higher Education - Defining The Role Of The Traditionally Black College, Felix V. Baxter

The Journal of Law and Education

No abstract provided.

Book Notes

NYLS Journal of International and Comparative Law

No abstract provided.

Class Of 1982 Five Year Report Alumni Comments, University Of Michigan Law School

UMLS Alumni Survey Class Reports

This addendum is a compilation of alumni responses to the open-ended comments sections.

The Exclusionary Rule And Its Applicability To Osha Civil Enforcement Proceedings, Stephen R. Cochell

University of Baltimore Law Review

Historically, the exclusionary rule has been employed to prevent the use of illegally obtained evidence to convict a criminal defendant. In more recent years, inspections by administrative agencies seeking to enforce government regulations has raised the question of the exclusionary rule's applicability to civil proceedings. In this article the author traces the history of administrative searches and the development of the exclusionary rule, placing OSHA proceedings in the context of both. The author concludes that application of the rule will not promote deterrence of illegal agency conduct nor further the purposes for which OSHA was formed, and in the …

Protecting Individual Liberties In The Context Of Screening For Child Abuse, Donald N. Duquette

Book Chapters

A central role of the law in our society is to act as buffer between individual citizens and society at large. When personal freedom or liberty is at stake, the law acts as arbiter between individuals and government and allows liberty to be abrogated only after "due process of law." Due process is an attempt to insure fair treatment of all concerned-a quest for fairness. In what follows due process will be discussed further together with some examples of the due process model as applied to the child protection system. Certain risks to personal freedom are inherent in child protection. …

The Family Farm: Regulating Farm Act Avoidance Techniques Through Restrictions On Vertical Integration And Production Contracting, Alan L. Billings

Valparaiso University Law Review

No abstract provided.

Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely

UC Law Journal

Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Termination Of Indigents' Parental Rights After Lassiter:Ignoring Complexity And Protecting The Best Interests Of Psychological Parents, Roy M. Sobelson

University of Richmond Law Review

Of all the civil remedies a state may utilize against its citizens, perhaps the most severe is the termination of one's parental rights. Having been described as a "tearing of the flesh," it clearly represents one of our system's most egregious infringements on the fundamental rights associated with the raising of one's family. While little uniformity exists among the states in terms of grounds for termination, procedures, courts utilized, terminology, and standards of proof required at trial or on appeal, all states have some form of termination remedy available. Most terminations, whether made in conjunction with prospective adoptions or independent …

Employment Discrimination Against The Overweight, Karol V. Mason

University of Michigan Journal of Law Reform

Part I of the Note discusses the existence of employment discrimination against the overweight and the significance of the problem it poses. Part II examines existing employment discrimination legislation to discern what protection is currently available to the overweight. Finally, part III concludes that present laws are inadequate to protect overweight persons from employment discrimination. The Note argues for the passage of legislation designating weight as a classification protected from employment discrimination, and prohibiting the use of weight standards unrelated to job performance. Such legislation is necessary to allow the growing number of overweight Americans the opportunity to compete equally …

Compulsory Treatment In Psychiatry: Some Reflections On Self-Determination, Patient Competency And Professional Expertise, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

In this article the author examines the rationale, in legal and policy terms, of the inextricable association traditionally formed between certification and incompetency. He argues that forming categories of people in which the law automatically dispenses with the requirement of seeking consent is fraught with conceptual inconsistencies and practical difficulties. He further argues that clinical judgments made without the consent of the patient should be made subject to an independent statutory review. Such a review procedure could also be adopted for treatments which are unusually hazardous, irreversible or not fully established even if the doctor purports to proceed with the …

Social Enquiry Reports And Sentencing, Jenny M. Roberts, Colin Roberts

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Parent-Child Incest: Proof At Trial Without Testimony In Court By The Victim, Dustin P. Ordway

University of Michigan Journal of Law Reform

This Note argues that the incest victim should not testify personally at trial. Rather, the child's testimony should be replaced with tape-recorded pretrial examinations of the victim by an expert, supplemented by the in-court testimony of the examining expert. Part I discusses how the present system of requiring in-court testimony by the victim harms the child, fails to correct the incest problem, and produces unreliable evidence. Part II outlines and discusses the merits of the proposed reform. Part ill examines the proposed reform in light of the defendant's constitutional rights to due process and to confront witnesses against him. The …