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Establishment Clause: State Aid To Non-Public School Children Upheld In Part, David Allen Barnette

University of Dayton Law Review

Wolman v. Walter, 433 U.S. 229 (1977).

On June 24, 1977, the Supreme Court of the United States in Wolman v. Walter affirmed in part and reversed in part a lower court ruling which upheld the constitutionality of an Ohio statute providing certain services to private school students at public expense. With this decision the Court further delineated the permissible limits to which a state may go in providing support for private secondary and primary education. But in doing so the Court revealed a house divided on the method of analyzing "establishment clause" cases and a basic conflict within the …

Impeaching Credibility Through Evidence Of Prior Convictions: Federal Rule Of Evidence 609(A), Ronald T. Bella

University of Dayton Law Review

The question whether prior convictions of criminal offenses should be admitted as evidence to impeach the credibility of a witness has long been debated in the courts of the United States. An attempt was made by Congress to end the controversy with the adoption of rule 609(a) of the Federal Rules of Evidence, which makes it clear that impeachment by evidence of prior convictions is permissible in some situations. But, two years after the rule became effective,3 the controversy continues, now centering on what kind of prior convictions can be used to impeach under the "dishonesty or false statement" clause …

Deduction Of Contested Liabilities: The Validity Of Certain Treasury Regulations Under Internal Revenue Code Section 461(F), Thomas G. Reid

University of Dayton Law Review

Poirier & McLane Corp. v. Commissioner, 63 T.C. 570 (1975), rev'd, 547 F.2d 161 (2d Cir. 1976), cert. denied, 431 U.S. 967 (1977).

For some time accrual method taxpayers have been permitted, in certain circumstances, to currently deduct amounts of liabilities asserted against them but not yet precisely determined through litigation or settlement. In what circumstances these deductions should be permitted has consistently confounded courts and legal writers concerned with the fair administration of the federal tax laws. This confusion was compounded when the Supreme Court denied certiorari in the case of Poirier & McLane Corp. v. Commissioner.

Under an …

Vytis, Volume 64, Issue 5 (May 1978), Knights Of Lithuania

Vytis: The Newsletter of the Knights of Lithuania

Newsletter of the Knights of Lithuania national organization (United States); digitized and made available with the permission of the organization. Content may be protected by copyright.

Defining The Handicapped: Section 504 Of The Rehabilitation Act, Harriet L. Turney

University of Dayton Law Review

Historically, discrimination against persons with physical or mental disabilities has been the general rule rather than the exception. The Athenians put deaf children to death, and the practice of exposing such children reportedly had the approval of Aristotle and Plato. In the Middle Ages, when handicapped persons were not imprisoned, they were driven from cities to wander through rural areas. Traditionally, Western societies have treated handicapped persons little differently than criminals, drunks, or slaves and have, in the past, imprisoned them when their only crime was their inability to support themselves.

The Expansion Of The International Shoe Doctrine, Victoria Wilson

University of Dayton Law Review

Shaffer v. Heitner, 433 U.S. 186 (1977).

In Shaffer v. Heitner, the Supreme Court joins judicial and scholarly advocates in the destruction of the distinction between in personam and in rem jurisdiction. Traditionally, the presence of the person or the res formed the basis of the court's power over the dispute. While in rem and quasi in rem actions have continued to be established in this manner, in personam jurisdiction incorporates additional considerations of due process in determining the extent of a court's power. Shaffer adopts this standard for all other types of actions as well, thereby limiting a distressing …

Accessibility For The Handicapped: The Impact Of Section 504 On Architectural And Transportation Barriers, Charles Fred Allberry Ii, Michele Gressel

University of Dayton Law Review

The legal aspects of the plight of the handicapped have recently received a great deal of attention resulting in federal legislation forbidding discrimination against the handicapped in federally funded employment, as well as prohibiting the exclusion of the handicapped from federally funded programs and activities. It is Congress' intention that handicapped individuals "prepare for and engage in gainful employment" and "improve their ability to live with greater independence and self-sufficiency.''

This intention has been frustrated in the past by both attitudinal and physical barriers. Even if attitudinal barriers are overcome and jobs and other activities are opened to the handicapped, …

Mutuality Of Obligation In Contract Law, E. Allan Farnsworth

University of Dayton Law Review

No field of law study, certainly none in the first-year curriculum, is richer in leitmotif than is that of contracts. Much of the challenge to the beginning student lies in untangling these recurrent themes, such as bargain, reasonable expectations and reliance, to take but a few. In the following pages I shall attempt to unravel one such theme that is of contemporary significance in the development of contract law-that of mutuality of obligation. The principle of mutuality of obligation can be simply stated: If two parties are to be bound by an exchange of promises, neither one is bound until …

Nondiscrimination Under Federal Grants - Striving Toward Equal Employment Opportunities For Handicapped Individuals, Garry W. O'Donnell

University of Dayton Law Review

History is replete with manifestations of discrimination against handicapped individuals. Employment opportunity is one major aspect of society in which the handicapped individual is often the target of discriminatory practices. Such treatment is premised upon the erroneous assumption that employing handicapped persons will hinder production and escalate workmen's compensation rates.

Congress, in recognition of the approximately thirty-five million Americans with mental and physical disabilities, has expressed its intent to assure that handicapped persons gain independence and dignity through initiating policies which will extend equal employment opportunities to those individuals. Notwithstanding this expression of congressional concern, proposals to amend Title VII …

The Tax Reform Act Of 1976: Ruminations On Section 2036 And The Aftermath Of Byrum, J. Allen Smith

University of Dayton Law Review

"It has been noted … that the Reform Act amendments of the estate and gift taxes are exceedingly complex, technically flawed in many respects, and frequently reflect policy judgments of questionable soundness." (Professor John H. McCord)

"The perhaps surprising conclusion compelled by our findings is that today's millionaires, .as well as persons of lesser wealth, no more need pay a stiff estate and gift tax than did their predecessors. It may be that the real certainties of this world are death and tax avoidance." (Professor George Cooper)

The two quotations at the head of this article are examples of the …

Judicial Control Of Administrative Delay, Gregory L. Ogden

University of Dayton Law Review

Delay in administrative decisionmaking is a long standing problem that remains unresolved today. In a recent major study of the federal regulatory agencies, the Senate Committee on Governmental Affairs noted that "[m]ost federal regulatory proceedings are characterized by seemingly interminable delays." Regulatory agency delay is perceived by practitioners before regulatory agencies and administrative law judges within the regulatory agencies as one of the most serious problems facing those agencies. Agency delay is extremely costly to regulated industries and to the public, both as taxpayer and as consumer. According to the Senate Committee on Governmental Affairs, undue delay is a serious …

The Courts And The Labor Agencies, Harold Leventhal

University of Dayton Law Review

The overarching question of whether, and to what extent, a democratic society should call on the law in the field of labor relations, presents both profound and complex issues, going deep into the taproots of political philosophy and public administration. This commentary accepts the reality that American democracy has made a substantial and increasing call on the law in the regulation of labor relations. This tendency builds on the civilizing function of the law to permit the resolution of disputes without violence. Labor disputes reflect deep tensions, and require difficult choices of values. Resolution of conflicting forces through the medium …

Section 504: Private College Receiving Federal Assistance Must Provide Funds For Interpreter Services For Deaf Student, Catherine Miller Barber

University of Dayton Law Review

Barnes v. Converse College, 436 F. Supp. 635 (D.S.C. 1977).

"In the 1960's, a political and legal revolution began because there was a significant minority population which had to sit at the back of the bus. Today it is realized that a significant minority cannot even get on the bus." This significant minority, which has been estimated to include 20-35 million persons, are the handicapped individuals of America who have at last come forward in great numbers to demand the equal rights and protections which have been denied them for so many years. This most recent social movement has been …

128th Commencement, Spring

Commencement Programs

No abstract provided.

Flyer News, Vol. 24, No. 44 (April 21, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 43 (April 18, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Ud Awards First Graduate Degrees In New Program

News Releases

News release announces that the University of Dayton will graduate its first three students in a new Master of Clinical Laboratory Technology Program.

Flyer News, Vol. 24, No. 42 (April 14, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Ud Commencement - Five Honorary Degrees

News Releases

News release announces that the University of Dayton will confer honorary degrees upon five persons at the commencement exercises.

Flyer News, Vol. 24, No. 41 (April 11, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 40 (April 7, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 39 (April 4, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Briar News, Vol. Who Cares, No. U812 (April 1, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton. April Fools' Day edition. Contains humorous and fictitious stories.

Vytis, Volume 64, Issue 4 (April 1978), Knights Of Lithuania

Vytis: The Newsletter of the Knights of Lithuania

Newsletter of the Knights of Lithuania national organization (United States); digitized and made available with the permission of the organization. Content may be protected by copyright.

Flyer News, Vol. 24, No. 38 (March 21, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 37 (March 17, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 36 (March 14, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 35 (March 10, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 34 (March 7, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.

Flyer News, Vol. 24, No. 33 (March 3, 1978), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton.