Digital Commons Network^™

A Primer On Precedent In The Eleventh Circuit, Thomas E. Baker

Faculty Publications

This article is the third and final article in a series of articles written by Professor Baker considering the problems of precedent created by the Fifth Circuit Court of Appeals Reorganization Act of 1980. The Act divided the former Fifth Circuit into two autonomous judicial circuits: the new Fifth Circuit, composed of the District of the Canal Zone, Louisiana, Mississippi, and Texas, and the new Eleventh Circuit, composed of Alabama, Florida, and Georgia. In this article, Professor Baker seeks to provide an introduction to how the new Eleventh Circuit has treated antecedent Fifth Circuit precedents. First, Professor Baker identifies and …

Rape, Racism, And The Law, Jennifer Wriggins

Faculty Publications

The historical legacy of the racist social meaning of rape and the consequences of that legacy are the focus of this article. The article, written in 1983, analyzes the U.S. law of rape, its history, and its legacy, from a perspective that is both feminist and antiracist. It examines the intersections and interactions of race and gender subordination in the context of rape, particularly looking at race and gender issues involving African-Americans and whites. It describes how the legal system’s selective acknowledgement of rape has disproportionately targeted African-American men for punishment and made African-American women both particularly vulnerable and particularly …

The Hearsay Exception For Public Records In Federal Criminal Trials, Vincent C. Alexander

Faculty Publications

The hearsay exception for "public records" was recognized at common law and has been further developed in most jurisdictions by statute. The reliability of public records is said to derive from the presumption of regularity and accuracy that attends the recording of events by public officials. As with the hearsay exception for recordsmade in the regular course of a private business, the reliability of many public records is enhanced by the routine and repetitive circumstancesunder which such records are made. An additional justificationfor the admission of public records is public convenience: If government employees are continually required to testify in …

Edward Keyes' Undeclared War: Twilight Zone Of Constitutional Power, W. Taylor Reveley Iii

Faculty Publications

No abstract provided.

The Pronunciation Of Women: Some Spanish Evidence, Lynn Williams

Faculty Publications

The material for this article bas been drawn from a larger sociolinguistic survey of various aspects of tbe phonology of 18-26 yr olds in Valladolid carried out between October 1976 and April 1977. The methodology used is basically the same as that developed by William Labov for his New York survey and has become one of the most established methods of enquiry into the social differentiation of the phonology of urban speech-communities. Informants were selected from the Valladolid census records in a semi-random manner and assigned to their socio-economic class according to the criteria of Spanish sociologists. Each informant was …

Must Speech Be Special?, Frederick Schauer

Faculty Publications

No abstract provided.

Tax Exemptions For Racially Discriminatory Private Schools: A Legislative Proposal, Neal Devins

Faculty Publications

In Revenue Ruling 71-447, the Internal Revenue Service expressly denied tax exemptions to racially discriminatory private schools. The Reagan administration recently challenged the existence of a defined policy prohibiting tax exemptions to these schools as well as the propriety of the IRS's involvement in regulating social policy. President Reagan has called upon Congress to settle the issue by enacting affirmative legislation. Congress, however, has maintained that long-established federal policy supports Revenue Ruling 71-447 and has refused to enact affirmative legislation. In this Article, Mr. Devins examines the conflict between the executive, judicial, and legislative branches of government and argues that …

Book Review Of Genetics, Ethics, And The Law, Larry I. Palmer

Faculty Publications

No abstract provided.

The Future Of Defamation In Illinois After Colson V. Steig And Chapski V. Copley Press, Inc., Linda A. Malone, Rodney A. Smolla

Faculty Publications

No abstract provided.

The Efficacy Of Guaranty Contracts In Sophisticated Commercial Transactions, Peter A. Alces

Faculty Publications

Even though contracts of guaranty are not subject to uniform standards of interpretation throughout the states, both case law and statutory development have tended to evidence a strong sympathy for the guarantor. In spite of this trend, Professor Alces suggests that creditors' counsel can, through careful drafting, do much to assure the enforceability of the guaranty contract. A scrupulously structured guaranty contract, one that anticipates possible defenses to liability in explicit terms, may well be upheld, even in cases in which guarantors occupied weak negotiating positions vis-a-vis creditors. Moreover, the attack on the guaranty as a fraudulent conveyance under section …

How Are You Going To Keep Them Down On The (Collective) Farm After They've Seen Chicago - A Minor's Right To Political Asylum Against His Parents' Wishes, Michael G. Hillinger

Faculty Publications

No abstract provided.

Integration And Local Politics, Neal Devins

Faculty Publications

No abstract provided.

Tax Policy Analysis Of Bob Jones University V. U.S, Charles O. Galvin, Neal Devins

Faculty Publications

No abstract provided.

Preface, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Ftc Rulemaking Through Negotiation, Charles H. Koch Jr., Beth Martin

Faculty Publications

The Federal Trade Commission, along with other administrative agencies, has been especially affected by the current emphasis on deregulation. Some proponents of the free market system view the Commission as an unnecessary and costly impediment to market functioning. In this article, Professor Koch and Ms. Martin review past FTC regulatory efforts in light of the FTC's mandate: to maintain an efficient, competitive free market Although the FTC has deviated from its market maintenance goal, this deviation should not serve as a basis for constricting Commission rulemaking activity. Rather, the authors demonstrate that past Commission practices illustrate the need for an …

Transborder Data Flow: An Overview And Critique Of Recent Concerns, I. Trotter Hardy

Faculty Publications

No abstract provided.

The Freedom Of Civilians Of Enemy Nationality To Depart From Territory Controlled By A Hostile Belligerent, Walter L. Williams Jr.

Faculty Publications

No abstract provided.

Interest Analysis And Choice Of Law: The Dubious Dominance Of Domicile, John Bernard Corr

Faculty Publications

No abstract provided.

Retroactivity: A Study In Supreme Court Doctrine As Applied, John Bernard Corr

Faculty Publications

The judicial creation of a new rule of law raises the essential question whether that rule is to be applied retroactively orprospectively only. The consistency of the traditionalm andatoryr etroactivityr ule has given way to a more flexible retroactivity ana sis. The change occurred in 1965 when the Supreme Court in Linkletter v. Walker squarelfaced a rule that, if applied retroactively, would have affected thousands of criminal convictions. The Linkletter doctrine has since defined the contours of federal retroactivity ana sis to include three basic considerations: purpose of the rule in question, reliance by theparties on the rule, and effect …

The Availability Of A First Appearance And Preliminary Hearing - Now You See Them, Now You Don't, Linda A. Malone

Faculty Publications

No abstract provided.

The Procurement And Presentation Of Evidence In Courts-Martial: Compulsory Process And Confrontation, Fredric I. Lederer, Francis A. Gilligan

Faculty Publications

Although pretrial litigation often seems to render trial on the merits something of an anti-climax, adversarial adjudication is of course the focus of the criminal justice system, military or civilian. Once trial on the merits has begun, trial and defense counsel naturally utilize the rules of evidence in the fashion most likely to make the most of the evidence available to them. Yet, as all lawyers are aware, the period since the enactment of the Uniform Code of Military Justice has brought sweeping changes not only in military criminal law, but also in the "constitutionalization" of the law of evidence. …

A Mathematical Contraction And Automated Analysis Of Internal Controls, Andrew D. Bailey Jr, Gordon Leon Duke, James Gerlach, Chen-En Ko, Rayman D. Meservy, Andrew B. Whinton

Faculty Publications

This paper presents a precedent oriented computer assisted method of designing, analyzing and evaluating systems of internal controls. The ..!..nternal Control _!iodel, TICOM III, is fundamentally a design and analysis tool useful in the context of Automated Office Information Systems (AOIS's). Traditional analysis and evaluation tools, such as flowcharting, written narratives and questionnaires, are inefficient, if not insufficient, to support the design and control analysis of these new systems. The advantages of TICOM III over traditional methods such as narrative description, questionnaires and flowcharts are: (1) the evaluation can be more rigorous and exhaustive because of the speed, accuracy and …

Civil Punishment And The Public Good, David Owen

Faculty Publications

No abstract provided.

The Integrity Of The Prophetic Gift, Gerhard F. Hasel

Faculty Publications

No abstract provided.

The Greek Military Regime (1967-1974) And The Cyprus Question — Origins And Goals, Constantine P. Danopoulos

Faculty Publications

This article employs the concept of military professionalism and its attributes to explain the Greek praetorian regime's handling of the Cyrprus problem. Upon examining the relevant data it was found that for strategic considerations the U.S. and NATO sought to achieve a negotiated solution to the cyprus problem which would have amounted to double Enosis. It was also found that professional needs created a dependency of the Greek. military on NA TO for arms, sophisticated training, and support which let them view participation in NATO as indespensable. As a result, the Greek military confused the interests of their nation with …

Title Vi And The Intent/Impact Debate: A Critical Look At "Coextensiveness", Rosemary C. Salomone

Faculty Publications

(Excerpt)

Title VI of the Civil Rights Act of 1964 was enacted as part of a larger package of federal legislation aimed at redressing the wrongs of past discrimination and at preventing future transgressions against members of identified groups—most notably racial minorities. This title of the Act—prohibiting discrimination based upon race, color, or national origin in federally assisted programs or activities—has been relied upon by private individuals and administrative agencies to remedy discrimination in education, employment, housing, and more recently in health care and other municipal services. As a discrimination statute, Title VI draws its congressional enactment authority from section …

The Dimensions Of Seizure: The Concepts Of "Stop" And "Arrest", Richard A. Williamson

Faculty Publications

No abstract provided.

No Judicial Dyslexia: The Custodial Parent Presumption Distinguishes The Paternal From The Parental Right To Name A Child, Kathryn R. Urbonya

Faculty Publications

No abstract provided.

Book Review Of War Powers Of The President And Congress: Who Holds The Arrows And Who Holds The Olive Branch?, William B. Spong Jr.

Faculty Publications

No abstract provided.

The Challenge Of Socialist Thought, Noel B. Reynolds

Faculty Publications

This presentation points to socialists’ mistaken assumptions of a malleable and perfectible human nature as an insuperable reason for the inevitable failure of socialist systems. It also points to socialist and liberal dependence on declarations of human rights as ineffective protections for human freedom—protections which can only be maintained in constitutionalist systems with deeper structural safeguards against tyranny.