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Articles 3451 - 3470 of 3470
Full-Text Articles in Entire DC Network
Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger
Policy, Privacy, And Prerogatives: A Critical Examination Of The Proposed Federal Rules Of Evidence As They Affect Marital Privilege, Mark Reutlinger
Faculty Articles
This article examines all aspects of proposed federal rules of evidence affecting marital privilege in the United States. It also provides an explanation of the reasons advanced by the Advisory Committee for abolition of martial and other state-created privileges; Common law origins of marital privilege.
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Mental Commitment Cases Of 1971 Supreme Court Term, Ken Wing, R. Carman
Faculty Articles
Even in areas where legal representation has become available to the poor through the efforts of Legal Services programs, there is still one group that is almost universally denied representation: those confined under the various forms of civil commitment and patients in mental health institutions. Almost by definition in need of legal counsel and predictably indigent, they are faced with interpersonal and institutional barriers that further reduce their chances to obtain representation. It is the position of the National Health Law Program that Legal Services programs throughout the country should focus some of their attention towards this portion of their …
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Victimless Crimes: A Proposal To Free The Courts, Robert C. Boruchowitz
Faculty Articles
Victimless "crimes"—acts that are presently outside the law but which have no readily identifiable victim—account for almost half of the cases handled by United States courts. They include behavior which may reflect illness and which requires medical and therapeutic attention (such as drunkenness), as well as behavior condemned as varying from moral or social standards and leading to harmful behavior (such as vagrancy and curfew violations). If the burden of regulating this type of behavior were removed from the criminal justice system, perhaps one half of the courts' current case load could be eliminated. Furthermore, persons caught in deviant conduct …
The Developing Labor Relations Law In The Public Sector, Harry T. Edwards
The Developing Labor Relations Law In The Public Sector, Harry T. Edwards
Faculty Articles
There is no question that the most startling and significant recent development in labor relations has been the astounding growth of public employee unionism. The causes of this growth are legion and the search for them is basically beyond the purview of this presentation. What is important is that we have this growth, and it has caused a problem: how to create a viable system of labor relations for the public sector? The object of this article is to survey the current status of the law of labor relations in the public sector. Because the law is still in its …
Cash Deposits - Burdens And Barriers In Access To Utility Services, John B. Kirkwood
Cash Deposits - Burdens And Barriers In Access To Utility Services, John B. Kirkwood
Faculty Articles
The utilities are free from statutory limitations on their deposit rules, practices differ, but most utilities use very broad criteria of income and net worth to select those consumers from whom they will demand a deposit. Under these broad deposit rules it is not surprising that the poor pay virtually all deposits, or that often high income residential areas are exempted altogether from the impact of cash deposits. Such rules impose severe burdens on depositors without proportionately benefitting the utilities, for deposits usually save utilities insignificant amounts of money. For example, estimations of the California Public Utilities Commission in 1967 …
Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond
Proposed Revisions To The Law Of War Applicable To Internal Conflict, James E. Bond
Faculty Articles
This article features a careful analysis of the law of armed conflict as it applies to internal disputes. It also provides detailed proposals for modifications in the law of war to encompass the difficult problems of human rights involved in internal disputes.
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Blacks, Due Process And Efficiency In The Clash Of Values As The Supreme Court Moves To The Right, Henry Mcgee
Faculty Articles
Professor McGee examines the move by the Supreme Court to limit rights for minority defendants. Led by its law enforcement-oriented Chief Justice, an emerging majority of the Court has managed to reverse or seriously abridge precedents - both recent and time-honored - which ensured some fairness for minority defendants. Professor McGee addresses the implications of these decisions, and how they have affected due process for Black defendants.
A New Role For The Black Law Graduate—A Reality Or An Illusion?, Harry T. Edwards
A New Role For The Black Law Graduate—A Reality Or An Illusion?, Harry T. Edwards
Faculty Articles
It is not really surprising that so much attention has recently been given to the gross disparity in White v. Black participation in the legal profession. Indeed, the question of quality participation by Black lawyers is an irrelevant consideration until there is a real commitment to give Blacks equal access to the formerly all-white legal educational institutions. In examining the nature of this heretofore obvious (but only recently acknowledged) problem of Black underrepresentation, at least three questions may be posed: (1) Why are there so few Black lawyers? (2) What impact does the lack of Black lawyers have within our …
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Religious Discrimination And The Role Of Arbitration Under Title Vii, Harry T. Edwards, Joel H. Kaplan
Faculty Articles
The prohibitions against discrimination in employment, and specifically the ban on religious discrimination, embodied in title VII of the Civil Rights Act of 1964 comprise a noble venture. The temptation in implementing that venture, of course, is to paint with broad strokes. But the delicate relationship between the religious and the secular calls for a precision of analysis in the title VII field which, if the legal wranglings in Dewey are any example, has been seriously wanting to date. To say that the definition of discrimination is one of effect is surely to prove too much, and the notion of …
The Problems And Promise Of Black Men Of Law, Henry Mcgee
The Problems And Promise Of Black Men Of Law, Henry Mcgee
Faculty Articles
Professor McGee discusses the Black legal community's fight from the 1930s through the 1950s that eliminated the constitutional support of racial segregation and discrimination. Given the monumental obstacles which historically have plagued black lawyers, it is remarkable how many have succeeded despite the discrimination. While this article touches on some of the difficulties and limitations of the black bar, it must be stressed that there is a tradition of leadership and service among black lawyers that provides a solid foundation for the relatively large numbers of advocates that return to their communities. Building on this tradition of leadership, there are …
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Protection Of Non-Combatants In Guerrilla Wars, James E. Bond
Faculty Articles
The purpose of this article is twofold: first, some of the gaps in Convention protections of non-combatants will be identified; and second, possible remedies will be offered. The alleged atrocities at My Lai have exposed one major gap in Convention protection, although surprisingly few popular or scholarly commentators have mentioned or discussed it. The Geneva Civilian Convention does not protect the nationals of a co-belligerent state from the depredations of an ally. The author details the Geneva Convention categories that apply in these situations and offers revisions that could be implemented to provide the laws necessary to protect non-combatants.
Internal Conflict And Article Three Of The Geneva Conventions, James E. Bond
Internal Conflict And Article Three Of The Geneva Conventions, James E. Bond
Faculty Articles
This article suggests that the laws of war should apply to internal conflicts. The legislative history of the present rules of war began in draft agreements before formally being expressed in international compacts, and that internal conflicts observe similar rules has also been advocated by scholars in draft agreements. It appeared in limited form Article Three of the 1949 Geneva Convention, which gives hope that something tangible will be developed by the United Nations to protect vulnerable populations during internal conflicts. The article continues that in the meantime Article Three should be utilized as a diplomatic tool to hold countries …
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Roscoe Pound's Legacy: Engineering Liberty And Order, Henry Mcgee
Faculty Articles
Professor McGee presents Roscoe Pound’s legal legacy—the most distinguished career in American legal scholarship. McGee discusses Pound’s essential jurisprudence, his jural postulates and critical views, and Pound’s theory of interests—social, public, and individual. McGee also delves into Pound’s academic concern with social control and discretion in criminal justice .
Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee
Urban Renewal In The Crucible Of Judicial Review, Henry Mcgee
Faculty Articles
An agency is not an island entire of itself. It is one of the many rooms in the magnificent mansion of the law. The very subordination of the agency to judicial jurisdiction is intended to proclaim the premise that each agency is to be brought into harmony with the totality of the law; the law as it is found in the statute at hand, the statute book at large, the principles and conceptions of the "common law," and the ultimate guarantees associated with the Constitution.
Law For Sale: A Study Of The Delaware Corporation Law Of 1967, Harry First
Law For Sale: A Study Of The Delaware Corporation Law Of 1967, Harry First
Faculty Articles
The sovereign state of Delaware is in the business of selling its corporation law. This is profitable business, for corporation law is a good commodity to sell. The market is large, and relatively few producers compete on a national scale. The consumers of this commodity are corporations, and as we shall see, Delaware, like any other good businessman, tries to give the consumer what he wants. In fact, those who will buy the product are not only consulted about their preferences, but are also allowed to design the product and run the factory. Delaware from time to time redesigns and …
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Arrests In Civil Disturbances: Reflections On The Use Of Deadly Force In Riots, Henry Mcgee
Faculty Articles
Professor McGee examines the use of deadly force in quelling recurrent communal rioting of alienated black urban masses in 1968. Napoleon fired “grapeshot” into a rioting Parisian crowd in 1795, and while his brutality may have quieted the rioters it should not be set as an example for our modern day police forces. Deadly force used against large numbers of citizens, who just prior to the riots were for the most part law-abiding and peaceful, can have crushing social consequences. In this article Professor McGee discusses police departmental policy, the limits of deadly force in arrests, excessive force and liability, …
Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger
Trusts: Consequences Of Attorney's Good Faith Representation Of Adverse Parties In Trust Administration, Mark Reutlinger
Faculty Articles
In the course of estate and trust administration, an attorney or a single law firm may be in the position of representing both the trustee and beneficiaries of a particular trust. In any such situation the attorney represents adverse parties since the beneficiaries may wish to enforce the trust provisions against the trustee. Nevertheless, the attorney might feel impelled to represent such adverse parties, especially where they are amicable, where the attorney has personal familiarity with the parties and the property, or where the parties wish to avoid the added expense of obtaining independent counsel. Potter v. Moran, however, indicates …
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal And Habeas Corpus Jurisdiction To Abort State Court Trial, Anthony G. Amsterdam
Criminal Prosecutions Affecting Federally Guaranteed Civil Rights: Federal Removal And Habeas Corpus Jurisdiction To Abort State Court Trial, Anthony G. Amsterdam
Faculty Articles
It is no hyperbole to say that the critical issues of human liberty in this country today are not issues of rights, but of remedies. The American citizen has had a right to a desegregated school since 1954 and to a desegregated jury since 1879, but schools and juries throughout vast areas of the country remain segregated. The American citizen has a right of free expression, but he may be arrested, jailed, fined under guise of bail and put to every risk and rancor of the criminal process if he expresses himself unpopularly. The "right" is there on paper; what …
The Void-For-Vagueness Doctrine In The Supreme Court, Anthony G. Amsterdam
The Void-For-Vagueness Doctrine In The Supreme Court, Anthony G. Amsterdam
Faculty Articles
Examines in detail the void-for-vagueness doctrine in the U.S. Supreme Court. Separation of powers among the different branches of government; Prevention of arbitrary enforcement; Creation of standard for appeal.
Adjacent Airspace In The Law Of Landlord And Tenant, Henry Mcgee
Adjacent Airspace In The Law Of Landlord And Tenant, Henry Mcgee
Faculty Articles
Professor McGee comments on whether tenants have rights to the airspace that extends beyond the exterior of the walls bounding the premises. Two of the issues put forth in cases are television antenna and air conditioners that protrude from tenants' windows. Professor McGee reviews some of the court cases that have help settle the issue of airspace rights, and finds that the courts have consistently held that the circle of the tenant's rights is great in circumference.