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The Future Of Liberal Legal Scholarship, Ronald K.L. Collins, David M. Skover

Michigan Law Review

Earl Warren is dead.

A generation of liberal legal scholars continues, nevertheless, to act as if the man and his Court preside over the present. While this romanticism is understandable, it exacts a high price in a world transformed.

The following commentary is a reconstructive criticism written from the perspective of two liberals concerned about the future of "legal liberalism." We present our views as a commentary to emphasize their preliminary character; they represent our current assessment of where liberals stand and where they might redirect their energies.

Warrantless Arrest Jurisdiction In Texas: An Analysis And A Proposal., Gerald S. Reamey, J. Daniel Harkins

St. Mary's Law Journal

Within the State of Texas, there exist a great number of “peace officers” who are granted a wide range of power and authority. This includes the power to make warrantless arrests and searches pursuant to those arrests. Significant ambiguity exists regarding a peace officer’s jurisdiction. The confusion is largely due to imprecise statutory language and varying judicial interpretations. Article 998 of Texas Revised Civil Statutes, for example, bestowed on city police officers the same powers, authority, and jurisdiction as city marshals. The statute, though, neglected to define the extent of that jurisdiction, or even what “jurisdiction” meant in that context. …

The Right To Speak, The Right To Hear, And The Right Not To Hear: The Technological Resolution To The Cable/Pornography Debate, Michael I. Meyerson

University of Michigan Journal of Law Reform

This Article concludes that the power of government to regulate cable pornography is limited to that which is legally obscene. Part I reviews Supreme Court cases delineating the relationship between the rights of privacy in the home and of freedom of speech. Part II demonstrates that the technology of cable television provides the solution to the pornography dilemma. Cable television preserves both privacy and speech interests because individual subscribers can be given the physical means to block out programming they find personally offensive without affecting the ability of others to receive that programming. Where such accommodation of interests is permissible, …

Out-Of-State Attorney Fee Forfeiture, Lawrence A. Cunningham

Cardozo Law Review

No abstract provided.

Privatization And Prisons, E. S. Savas

Vanderbilt Law Review

"Privatization" means increased governmental reliance on the private sector, rather than on government agencies, to satisfy the needs of society. Since the word was first used in 1969,' privatization has gained broad recognition and widespread acceptance, and,in recent years, a major trend toward privatization has developed in the United States and abroad. The reasons for this trend are both pragmatic and ideological. Pragmatists advocate privatization because it offers a more efficient way to provide goods and services. Ideological opponents of big government support privatization be-cause it reduces the role of government. Privatization is therefore an important movement in East and …

Balancing, Al Katz

In the Public Interest

No abstract provided.

Civil Rights - Equal Protection - Race-Conscious Quotas Are Permissible Under The Equal Protection Clause Of The Fourteenth Amendment In Eliminating Discriminatory Promotional Policies Case Note., Iri I. Nathan

St. Mary's Law Journal

Abstract Forthcoming.

New Wave Land Use Regulation: The Impact Of Impact Fees On Texas Lenders., Wm. Terry Bray, David S. Caudill, Jack E. Owen Jr.

St. Mary's Law Journal

Abstract Forthcoming.

Criminal Law - Search And Seizure - Closey-Regulated Industry Exception To Fourth Amendment's Warrant Requirement Expanded To Vehicle Dismantling Industry On Basis Of State Regulatory Statute Case Note., L. Eric Friedland

St. Mary's Law Journal

Abstract Forthcoming.

An Overview Of The Texas Bar Foundation Symposium On Cost Control At The Courthouse Held Semptember 30, 1987, Corpus Christi, Texas Recent Development., Mark P. Brewster, Mary Kathleen Finck, John P. Palmer

St. Mary's Law Journal

Abstract Forthcoming.

A Model Wetlands Protection Ordinance: Legal Considerations, Mary Jane Angelo

University of Florida Journal of Law & Public Policy

Many counties in Florida are currently in the process of developing new wetlands protection ordinances, or revising old ones. While public policy supports strict regulation of activities in wetlands, many counties are reluctant to adopt restrictive ordinances because of the potential for large damage awards if the regulations are later found to be temporary takings. Recent Supreme Court case law has upheld the payment of compensation as an appropriate remedy for overly restrictive land use regulations compounding the fears of local governments. This paper summarizes the legal implications of a Model Wetlands Protection Ordinance developed by the author. In particular, …

The Supreme Court's 1987 "Takings" Triad: An Old Hat In A New Box Or A Revolution In Takings Law?, Michael Simon

University of Florida Journal of Law & Public Policy

This paper presents an overview of the Supreme Court’s 1987 takings cases and their impact on land use regulation. The paper begins with an overview of the development of takings jurisprudence focusing on the two contrasting approaches the Supreme Court developed early in this century. Next, the paper discusses the Court’s recent takings cases through the 1986-87 term. The paper then presents an overview of the Court’s 1987 decisions. Finally, this section discusses the impact these cases will have on land use regulation.

The Good Faith Exception To The Exclusionary Rule: The New Federalism And A Texas Proposal., Valerie L. Eiben

St. Mary's Law Journal

Abstract Forthcoming.

The Clergy-Penitent Privilege And The Child Abuse Reporting Statute: Is The Secret Sacred, 19 J. Marshall L. Rev. 1031 (1986), Kathryn Keegan

UIC Law Review

No abstract provided.

Defending Miranda: A Reply To Professor Caplan, Welsh S. White

Vanderbilt Law Review

Professor Caplan yearns for the good old days "when the police enjoyed greater public confidence" and, in accordance with the tactics recommended in the police manuals, it was acceptable "for an investigator to talk sharply to the suspect or glare at him or sit too closely or withhold cigarettes, or, from the opposite vantage, to pretend to be a sympathetic friend or a concerned coreligionist."'Thus, Professor Caplan attacks the Miranda decision on the ground that "by introducing novel conceptions of the proper relationship between the suspect and authority," Miranda operates to subvert the principal function of the criminal process, the …

Issues In School Asbestos Hazard Abatement Litigation Symposium On Education Law - Comment., John P. Kincade

St. Mary's Law Journal

Abstract Forthcoming.

Fitting A Round Peg Into A Square Hole: Section 3.63, Texas Family Code And The Marriage That Crosses State Liens Symposium - Texas Community Property Law In Transition., James D. Stewart, Richard R. Orsinger

St. Mary's Law Journal

Abstract Forthcoming.

A Farewell To Arms - An Analysis Of Texas Handgun Control Law., Robert G. Newman

St. Mary's Law Journal

Abstract Forthcoming.

Suppression Of Demonstration Permits Represents Invalid Prior Restraint On Free Speech, For Which Temporary Injunctive Relief Appropriate., Diana K. Miller

St. Mary's Law Journal

Abstract Forthcoming.

Law And Aesthetics: A Critique And A Reformulation Of The Dilemmas, John J. Costonis

Michigan Law Review

This Article both examines these consequences and explains why they have departed so frequently from the ostensible goals of the policies that produced them. It also surveys the principal legal dilemmas that attend aesthetic policy-making, which is sensitive to the values actually at stake in the type of "aesthetic" controversies that legal institutions are called upon to resolve in American society. The aesthetic controls addressed are those adopted in such areas as zoning, historic or environmental preservation, and urban design to shape the visual appearance of the built and natural environments. The content of the aesthetics idea is explored through …

Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr

St. Mary's Law Journal

Abstract Forthcoming.

Book Reviews, W. Paul Gormley, John E. Semonche

Vanderbilt Journal of Transnational Law

Book Reviews

CHEMICAL WEAPONS: DESTRUCTION AND CONVERSION

Published for the Stockholm International Peace Research Institute

London: Taylor and Francis, 1980. Pp. 201.

Reviewed by W. Paul Gormley

-----------------------------------

THE DEFINITION OF LAW

Hermann Kantorowicz

Edited by A.H.Campbell, with an introduction by A.L. Goodhart

New York: Octagon Books, 1980. Notes and bibliography. Pp. 113.

Reviewed by John E. Semonche

Regulation Of Programming Content To Protect Children After Pacifica, Dabney E. Bragg

Vanderbilt Law Review

This Note examines the "protect the children" rationale as justification for the regulation of program content to determine if it is likely to withstand future challenges. Initially, the Note reviews the Pacifica decisions to illustrate how the rationale recently has been employed. The Note then considers this rationale in light of traditional first amendment analysis and the interface of that analysis with the rights of children, concluding that the rationale does not justify abridgment of the first amendment. The Note then considers the effect of broadcasting's "unique characteristics" upon this analysis, concluding that this added element does not tip the …

The Right Of Married Women To Assert Their Own Surnames, Roslyn Goodman Daum

University of Michigan Journal of Law Reform

This article, then, will attempt to frame the issues involved in the name change controversy and to suggest not only ways to implement reforms, but also the consequences attending these measures. Massachusetts has been chosen as the setting for an in-depth analysis of each problem, and examples of legislative, judicial, and administrative action in that state will be interspersed throughout. The results of the efforts in Massachusetts may be politically and legally instructive for people with similar interests in other jurisdictions.

The Right To Rehabilitation For Prisoners-Judicial Reform Of The Correctional Process, Peter Dwyer, Michael Botein

Articles & Chapters

No abstract provided.

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 …

Civilizing University Discipline, Paul D. Carrington

Michigan Law Review

It is the purpose of this Article to suggest that the criminal model is not the only possible system of university discipline. There are alternatives to be found in the operation of the civil courts and other administrative agencies that have received little consideration. It is a common, but mistaken, assumption that the proper way to deal with offensive conduct is by means of social punishment. The unfortunate consequences of a general tendency of legislatures to "overcriminalize" have been noted elsewhere. The trend in university discipline may be regarded as a special application of that tendency, or, at least, as …

Representation For The Poor In State Rulemaking, Allan Ashman

Vanderbilt Law Review

After a violent summer of urban unrest and civil disorder, President Johnson established the National Advisory Commission on Civil Disorders in 1967 to find out what happened in our nation's cities, why it happened, and to suggest ways to prevent it from occurring again. One of the findings of the Commission was that from the vantage point of the poor ghetto resident, local government was distant and unconcerned.For the poor person, particularly the poor black ghetto resident, the possibility for effective change either in his personal life style or in the political system appeared remote.' Reflecting upon this gulf between …

Constitutional Law--Church And State--Freedom Of Religion--The Constitutionality Under The Religion Clauses Of The First Amendment Of Compulsory Sex Education In Public Schools, Michigan Law Review

Michigan Law Review

It has been said that "[s]ex education, once the domain of the church and the home, has by necessity, become a responsibility of the schools." Indeed, by the operation of most state education statutes, sex education can be made compulsory in public primary and secondary schools if it is taught as part of otherwise compulsory classes or if the local school authorities have prescribed sex education courses as a compulsory part of the curriculum. While some of the state statutes authorize exemptions on religious grounds, most do not. Nevertheless, the introduction of sex education into public schools has not been …

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax

Michigan Law Review

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …