Digital Commons Network^™

Historical Antecedents Of The Constitutional Right To Privacy, R. H. Clark

University of Dayton Law Review

In his futuristic novel of a political society destitute of individual privacy, 1984, George Orwell has his central character, Winston, reminisce about the past. "Tragedy, he preceived, belonged to the ancient time, to a time when there were still privacy, love, and friendship, and when the members of a family stood by one another without needing to know the reason." Within the context of the novel, privacy emerges as something far more crucial than simply a sentimental value like love or friendship. In reality, a society devoid of individual privacy makes the very basis of democracy- individualism-difficult to attain. An …

Due-On Clauses: A Trend Toward Equitable Enforcement, James D. Hill

University of Dayton Law Review

Contemporary lenders presently utilize at least two types of clauses in a security instrument (mortgage or deed of trust) to generate additional income. Due-on-sale clauses accelerate the balance of the obligation upon the sale or transfer of the subject property,' and due-on-encumbrance clauses accelerate the balance of the obligation upon the placing of an additional burden or encumbrance on the property. Such acceleration allows adjustment of interest to current rates whenever encumbered property is sold. In a second type of clause, prepayment penalty, lenders charge a penalty for early payment of a loan prior to its maturity date. Because of …

Consitutional Law: The First Amendment And Commercial Advertising, Daniel F. Cusick

University of Dayton Law Review

Virginia State Board of Pharmacy v. Citizens Consumer Council, Inc., 425 U.S. 748 (1976).

The first amendment of the Constitution provides that "Congress shall make no law … abridging the freedom of speech ... . This restriction on legislative power applies to the state legislature as well as the United States Congress due to the adoption of the fourteenth amendment and subsequent decisions of the Supreme Court of the United States interpreting the first and fourteenth amendments. Nevertheless, the Supreme Court, as the final interpreter of the Constitution, has been unwilling to give the force of law to the plain …

The Platinum Platter Doctrine In Ohio: Are Private Police Really Private?, Brian C. Petroziello

University of Dayton Law Review

Perhaps one of the greatest aids to beleaguered municipal and county police forces in the fight against crime is the use of special policemen by department stores and factories. As is often the case with any good preventative, however, there is great potential for abuse. While special police beneficially free more regularly employed municipal and county police officers for other duties, their increasing use is beginning to raise a number of legal issues which are not easily resolved.

Many of the issues involve constitutional questions of great importance, particularly in the areas of the fourth and fifth amendments, and rights …

Wrongful Conception: A Conditional Prospective Liability To One Not Yet In Being, Edward F. Peduzzi Jr.

University of Dayton Law Review

Park v. Chessin, 000 Misc. 2d 000, 387 N.Y.S.2d 204 (Sup. Ct. 1976).

A slowly but steadfastly emerging area in the field of tort liability is the action for "wrongful life" or, as it has been termed, "an action based on the right to be well born." The courts have, for the most part, grimly denied recovery on such theory, citing lack of precedent, impossibility of measuring damages, the fear of opening the door to a flood of litigation, lack of causation, lack of duty, and the public policies against intra-family suits and against encouraging abortions. Most of the judicial …

The Legal Enterprise (By Robert E. Rodes Jr.), Vincent R. Vasey

University of Dayton Law Review

This essay in jurisprudence is a well-wrought urn created by a judicious choice of Aristotelian, Thomistic, Existential materials and much more. Rodes might characterize his synthesis, borrowing from Tennyson's Ulysses, as a book that is part of all he has met. And Rodes has met many authors and many people in the course of years of study and living, individuals motivated by diverse convictions and ideals. He has tested what is good and held fast to that which answered his own aspirations. The book tries to describe, in the terms of Cicero, what lawyering must be-interest in everything that touches …

Vytis, Volume 63, Issue 5 (May 1977), 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.

The Magnuson-Moss Warranty Act And The Uniform Commercial Code: A Survey Of Warranty Protection In Consumer Sales Transactions, Keith J. Hey

University of Dayton Law Review

“For many years warranties have confused and misled the American consumers. A warranty is a complicated legal document whose full essence lies buried in myriads of reported legal discussions and in complicated State codes of commercial law. The consumers' understanding of what a warranty on a particular product means to him frequently does not coincide with the legal meaning. … Today, most consumers have little understanding of the frequently complex legal implications of warranties on consumer products.”

These comments, included in the report submitted by the Committee on Commerce accompanying the bill that was to become the Magnuson-Moss Warranty-Federal Trade …

Damages: Expert Testimony And Future Inflation, Ogden K. Montgomery

University of Dayton Law Review

The question of the measure of compensatory damages in personal injury and wrongful death actions is of paramount concern to both aggrieved parties and defendants. In the determination of total compensation for the plaintiff, one frequently occurring issue —future damages — involves complex economic theory and statistical projections in the computation of such items of prospective loss as future earnings. At this point in the trial it is crucial that expert testimony be admitted so that jurors can fathom the technical complexities of these future financial determinations.

Inflation has become an accepted ingredient of our contemporary society. Whether or not …

Free Expression: Inverse Zoning Of Adult Theaters Not A Violation Of Due Process Or Equal Protection, Charles Fred Allberry Ii

University of Dayton Law Review

Young v. American Mini Theaters, Inc., 427 U.S. 50 (1976).

The plight of large metropolitan urban areas is the focus of much concern in the United States. Recently, the migration to the cities has reversed, and industry and commercial interests have abandoned metropolitan cores. Consequently, urban areas are suffering from neglect, epitomized by loss of an adequate tax base. Sociologists and urban planners have recognized that a major factor contributing to urban blight is the de facto concentration of socalled "adult" establishments in the inner city. Skid rows visibly evolve as commercial residents vacate the older areas of a city, …

Compulsory Sterilization: Equal Protection And The Quality Of Life, Michele Gressel

University of Dayton Law Review

North Carolina Ass'n for Retarded Children v. North Carolina, 420 F. Supp. 451 (M.D.N.C. 1975).

Compulsory sterilization statutes grew out of the eugenics movement of the early twentieth century. Eugenic theory maintains that human defects are the result of heredity and that the race can be improved by encouraging procreation of "superior" persons and preventing the procreation of "inferior" persons. This theory was once widely accepted, and at the height of its popularity the Supreme Court upheld the constitutionality of a compulsory sterilization statute. Although the scientific community now largely rejects compulsory eugenic sterilization, the Supreme Court has not reconsidered …

Torts: Finding Negligence In Order To Compensate Crime Victims, Mary Beth Leibowitz

University of Dayton Law Review

Semler v. Psychiatric Institute of Washington, D.C., 538 F.2d 121 (4th Cir.), cert. denied, sub nom. Folliard v. Semler, 97 S. Ct. 83 (1976).

Recently, much attention has been given to the indemnification of crime victims. It is traditional to seek such indemnification through civil suits from the person or persons responsible for the actions of the perpetrator. In Semler v. Psychiatric Institute of Washington, D.C., the United States Court of Appeals for the Fourth Circuit held that the mental hospital, the psychiatrist, and the probation officer in charge of John Steven Gilreath were civilly liable for the death of …

Self-Incrimination: Introduction Of An Individual's Business Records Into Evidence, Charles Mckinley Surber Jr.

University of Dayton Law Review

Andresen v. Maryland, 96 S.Ct. 2737 (1976).

The fifth amendment guarantees that "no person … shall be compelled in a criminal case to be a witness against himself," and as early as 1886 the United States Supreme Court held that the prohibition against self-incrimination applies not only to admissions forced from the lips of the accused, but also to the seizure of his personal papers and books. In Boyd v. United States, the Court stated: "[W]e have been unable to perceive that the seizure of a man's private books and papers to be used in evidence against him is substantially …

Front Matter, Volume 2, Number 2 (1977), University Of Dayton. School Of Law

University of Dayton Law Review

Table of contents

Trademark: Compulsory Licensing As A Remedy For Violation Of Section 5 Of The Federal Trade Commission Act, Richard C. Berry, Anthony J. Muto

University of Dayton Law Review

In re Borden, Inc., FTC Dkt. No. 8978 (Aug. 19, 1976).

The interface of trademark and antitrust law has for some time generated controversy among various segments of the legal profession. The heart of the debate has centered on the need to harmonize the preservation of economic competition, which is the goal of the antitrust laws,' with the entrepreneur's interest in maintaining the undivided use of the mechanism by which his product or service is identified-his trademark. The achievement of harmony between these ends depends, therefore, upon a certain characterization of the trademark; that is, the particular social and economic …

Computer/Terminal Fair

News Releases

News release announces that the Second Annual Computer/Terminal Fair at the University of Dayton will display the latest in computing hardware.

Morlan Appointed Communication Arts Chairman

News Releases

News release announces that Don B. Morlan has been named Chairman of the Department of Communication Arts at UD.

Mott Named Chairman Of Mechanical Engineering Technology

News Releases

News release announces that Robert L. Nott has been named Chairman of the Department of Mechanical Engineering Technology at the University of Dayton.

Paul Tibbetts Named Professor Of The Year

News Releases

News release announces that Paul E. Tibbetts, Jr., has been designated to receive the 1976-1977 Professor of the Year award.

127th Commencement, Spring

Commencement Programs

No abstract provided.

Conference To Feature Parishes And Neighborhood Revitalization

News Releases

News release announces that the "Parishes and Neighborhoods" Conference sponsored by the National Center for Urban Ethnic Affairs and the University of Dayton's Office for Moral and Religious Education.

Flyer News, Vol. 23, No. 45 (April 15, 1977), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

Student Researchers Sought

News Releases

News release announces that twenty graduates from the University of Dayton and other colleges are being sought to conduct summer research.

Professors Of The Year Announced

News Releases

News release announces that Bernard J. Rice and Jerry D. Strange have been chosen as the University of Dayton's 1977-78 Alumni Award of Professor of the Year.

Dayton Students Graduate With Honors

News Releases

News release announces that 16 percent of the 1,000 students to graduate from the University of Dayton's commencement exercises will be honor graduates.

David C. Kraft To Relinquish Position As Dean And Return To Teaching

News Releases

News release announces that Dean of the School of Engineering, David C. Kraft, will relinquish his position as dean and return to teach within the department of Civil Engineering.

Flyer News, Vol. 23, No. 44 (April 5, 1977), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

Focus, April 1977, University Of Dayton

Focus

Focus, published by the University of Dayton public relations office from October 1967 to mid-1982, was called “a window of the University of Dayton.” The number of issues per year varied over time from four to nine. It was mailed to faculty and staff; parents of current students; benefactors; and business and industry partners. Its content was duplicated in another publication, Alumnus, which contained additional pages of interest to alumni, including a robust listing of personal updates known as class notes — a popular section of every alumni publication since.

In August 1982, Focus and Alumnus merged into one publication, …

Flyer News, Vol. 23, No. 43 (April 1, 1977), University Of Dayton

Flyer News

Student-run newspaper of the University of Dayton

Office Of Educational Services Enters Contract With Trotwood-Madison School Board

News Releases

News release announces that the Trotwood-Madison School Board agreed to enter into a contract with the Office of Educational Services.