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Caveat Viator: The Duty To Wear Seat Belts Under Comparative Negligence Law, John A. Hoglund, A. Peter Parsons

Washington Law Review

The first portion of this article will attempt to show that neither judicial nor legislative reluctance, nor its underlying reasoning, is justifiable in light of the current state of law and society. Substantial evidence will be presented to demonstrate the need for our society to adopt the seat belt habit and for the law to recognize and respond to this societal need. Reactions of courts and legislative bodies to suggestions of mandated use are then explored as a preliminary to an analysis of the common law basis for adoption of the seat belt rule. A careful explanation will then be …

Communist Chinese Attitudes Toward United Nations Membership 1945-1971 An Essay, Victoria E. Docauer

IUSTITIA

Let us here examine the question of Communist Chinese representation in the United Nations in the context of a broader question: the attitude of Communist China toward international law. Was it only United States interference which kept Communist China out of the United Nations? What is the position of Communist China in regard to international law? Has the People's Republic been the lawless nation that it is sometimes described to be? In an attempt to provide questions, one must examine those arguments which emphasize the lawlessness of Communist China and seek to determine the attitude of the Communist Chinese toward …

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Buffalo Law Review

No abstract provided.

Origin Of Jeofail, M. P. Furmston

Dalhousie Law Journal

In their interesting note on the origin of "Jeofail",' Doctors Baker and Arnold suggest that the word is derived from jeu-faille (= game-fail) and say that "A 'game-fail' in chess was presumably a stalemate; neither party could win, so the game failed or ended. "2 Since it has long been known that "jeopardy" has a chess origin3 (either from the old French "jeu parti" or the Latin "jocus partitus" = game in the balance and hence an uncertain chance) this explanation has an obvious attraction. Indeed in view of the alphabetical work habits of-lexicographers it is surprising that the suggestion …

Civil Rights In Northern Ireland, John F. Callan

History Theses & Dissertations

Abstract unavailable.

The Doctrine Of Primary Jurisdiction Misconceived: End To Common Law Environmental Protection?, Kenneth F. Hoffman

Florida State University Law Review

No abstract provided.

No Tunes Of Glory: America's Military In The Aftermath Of Vietnam (Seven Book Reviews), John P. Lovell

Indiana Law Journal

Seven book reviews from the symposium, The Military After Vietnam: The Search for Legal Controls.

Legal Inadequacies And Doctrinal Restraints In Controlling The Military, Edward F. Sherman

Indiana Law Journal

SYMPOSIUM:

The Military After Vietnam: The Search for Legal Controls

The Feasibility Of An “Injury Tax” Approach To Occupational Safety, Robert S. Smith

Law and Contemporary Problems

No abstract provided.

A Sixth Amendment Right To Counsel Under Article 15 Of The Uniform Code Of Military Justice, Michigan Law Review

Michigan Law Review

Article 15 of the Uniform Code of Military Justice (UCMJ) enables a commanding officer to sentence a service member who has committed a minor infraction to thirty days of correctional custody. The article 15 proceeding offers few procedural safeguards; among the protections lacking is the right to counsel. This Note will consider whether the failure of the military to provide counsel at an article 15 proceeding is consistent with the sixth amendment, which provides that "[i]n all criminal prosecutions, the accused shall enjoy the right ... to have the Assistance of Counsel for his defence." The Note first will discuss …

Sister Union Strikes And "No Strike" Clauses: The Logic And Necessity Of A Presumption Of Inclusivity, John S. Adler

San Diego Law Review

This Comment examines the problem of sister union strikes and the potential it has of occurring in the private sector any time two distinct bargaining units work side by side. The problem is complicated further when one bargaining unit is under a collective bargaining agreement containing a no-strike clause. This Comment discusses various theoretical approaches to this problem and examines the unique legal background of this issue.

The Opinion Volume 14 Number 13 – May 14, 1974, The Opinion

The Opinion Newspaper (all issues)

The Opinion newspaper issue dated May 14, 1974

Counter-Advertising In The Broadcast Media: Brining The Administrative Process To Bear Upon A Theoretical Imperative, Tom A. Collins

William & Mary Law Review

No abstract provided.

Recent Developments In The Law Of The Sea V: A Synopsis, Dennis Greenwald, Robert Iglow, Jack Mann

San Diego Law Review

Each year, as part of the San Diego Law Review's symposium on law of the sea, a student article is dedicated to a synopsis of recent events in the field. The function of such as article is to provide the reader with a broadly circumscribed report of recent developments presented under the topic headings of conservation, fishing, pollution, seabed resources, shipping and sovereignty. This year's compendium covers the period between January 1, 1973 and December 31, 1973. A myriad of sources are represented including the United States Code Congressional and Administrative News, the Environmental Reporter, International Legal Materials, the United …

Volume 46, Issue 10 (1974)

Obiter Dicta

No abstract provided.

Aspects Of The Executive's Power Over National Security Matters: Secrecy Classifications And Foreign Intelligence Wiretaps, Charles R. Nesson

Indiana Law Journal

No abstract provided.

The Palestinian People And Their Political, Military And Legal Status In The World Community, Stefan Tolin

North Carolina Central Law Review

No abstract provided.

The Remedial Authority Of The Labour Arbitrator: Revised Judicial Version, Paul C. Weiler

Articles & Book Chapters

A crucial problem is surfacing in contemporary labour arbitration in Canada. The crisis is occasioned by the almost exponential growth in judicial review of arbitration decisions in recent years. One finds a recurring theme in many of the cases in which the courts actually quash the decisions of arbitration boards. These cases required the exercise of remedial powers by the boards. Once an arbitrator sees a violation of one of the terms and obligations of the collective agreement he must decide what, if anything, to do about it. In recent years our judges, especially those from Ontario, have tended to …

California Assembly Advisory Council's Recommendations On Impasse Resolution Procedures And Public Employee Strikes, Michael E. Hooton

San Diego Law Review

This Article will focus on the Council's discussion of the controversial issues of dispute settlement procedures and strikes, and the effect that the proposed legislation, if enacted, would have on the practice of collective bargaining in California's public sector.

The Price Discrimination Provisions Of The Robinson-Patman Act: A Forthcoming Clarification Of The Jurisdictional Requirements?, B. Douglas Stephens Jr.

Loyola University Chicago Law Journal

No abstract provided.

Inflation, Labor And The Law, R. Heath Larry

Duquesne Law Review

No abstract provided.

Terry As The Touchstone For Unlimited Airport Searches And Seizures, 7 J. Marshall J. Of Prac. & Proc. 335 (1974), Michael Blotnik

UIC Law Review

No abstract provided.

Toward An International Standard Of Environment, George P. Smith Ii

Scholarly Articles

No abstract provided.

The Right To Travel Abroad, Raymond C. James

Fordham Law Review

No abstract provided.

Proposal For A Uniform Radar Speed Detection Act, Douglas M. Tisdale

University of Michigan Journal of Law Reform

This article traces the judicial treatment of radar, reviews statutory attempts to regulate radar usage, and proposes a uniform act as an effective and consistent approach to ensure the proper use of radar.

Air Transportation Of Radioactive Materials, Douglas Keith Eyberg

Journal of Air Law and Commerce

No abstract provided.

When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman

Elisabeth Haub School of Law Faculty Publications

In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …

Comment: Arbitration -- A Viable Alternative?, K. E.C. Hull, Einar M. Rod

Fordham Urban Law Journal

Private arbitration as an alternative to litigation has been viewed by many authorities as an important method of improving judicial administration. This Comment, in evaluating courts' attitudes toward arbitration, will analyze the standards used by courts in deciding whether issues are appropriate subjects for arbitration. Because arbitration can have no legal effect unless courts are willing to support the arbitrator's award, the standards used to determine whether an issue is arbitrable are critical to the future of arbitration. The Comment examines four areas law that illustrate a variety of judicial attitudes toward arbitrability: labor-management relations, domestic relations, will probation and …

Ohio Mail And Visitation Prison Regulations And The Evolving Recognition Of Prisoners' Rights, Donald L. Uchtmann

Cleveland State Law Review

Dynamic changes have occurred in recent years in the area of prisoners' rights. The antiquated view that prisoners were without any rights - that prisoners were "slave [s] of the State' – has been replaced by the more progressive view that a prisoner retains all rights of an ordinary citizen except those rights expressly or necessarily taken from him by law. As will be seen below, the areas of mail rights and visitation rights have been particularly dynamic. In light of the changing views regarding prisoners' rights, one may wonder what the current Ohio regulations regarding mail and visitation within …

Work Assignment Disputes Under Section 10(K): Putting The Substantive Cart Before The Procedural Horse, Mack Player

Faculty Publications

No abstract provided.