Digital Commons Network^™

The Fourteenth Amendment's Protection Of A Woman's Right To Be A Single Parent Through Artificial Insemination By A Donor, Kathleen M. Ridolfi, Patricia A. Kern

Faculty Publications

No abstract provided.

Punishment And Deterrence: A Comparative Study Of Tort Liability For Punitive Damages Under No-Fault Compensation Legislation, Jean C. Love

Faculty Publications

No abstract provided.

Book Review (Reviewing Bernard Siegan, Economic Liberties And The Constitution (1980)), Jonathan Van Patten

Faculty Publications

No abstract provided.

The Right Of Confrontation: Part Ii, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Right To Defense Experts, Paul C. Giannelli

Faculty Publications

No abstract provided.

The Faretta Principle: Self Representation Versus The Right To Counsel, Paul Marcus

Faculty Publications

The United States Constitution makes provision for criminal defendants to be represented by counsel. In the federal jurisdiction this principle was vigorously applied, even to indigent persons, very early in the Twentieth Century. The United States Supreme Court, however, was reluctant to impose this requirement on the states except in cases of unusual circumstances where the absence of counsel would have affected the basic fairness of the trial. Finally, in a landmark decision by the Supreme Court, it was held that the right to counsel applies in both federal and state cases. For the past twenty years, federal and state …

Labor Unions In The Boardroom: An Antitrust Dilemma, Davison M. Douglas

Faculty Publications

No abstract provided.

A Postscript On Precedent In The Divided Fifth Circuit, Thomas E. Baker

Faculty Publications

Professor Baker analyzes the three courts that resulted from the split of the United States Court of Appeals for the Fifth Circuit in 1981 and how each court treats precedent.

Probation For Class C Misdemeanors: To Fine Or Not To Fine Is Now The Question, Thomas E. Baker

Faculty Publications

No abstract provided.

The Judge's Role In The Enforcement Of Ethics - Fear And Learning In The Profession, John M. Levy

Faculty Publications

No abstract provided.

A Constitutional Analysis Of The Delaware Director-Consent-To-Service Statute, Susan Grover

Faculty Publications

No abstract provided.

Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood

Faculty Publications

No abstract provided.

The Role Of Economic Analysis In Public Range Management, B. Delworth Gardner

Faculty Publications

Economic analysis has a vital, if not indispensable, role to play in the management decisions of the Bureau of Land Management (BLM} if the national welfare is to be served effectively. This rather sweeping conclusion is justified by the nature of the management problems faced by the BLM and by the unique view of the world provided by the field of economics.

Book Review Of Medical Malpractice Law: A Comparative Law Study Of Civil Responsibility Arising From Medical Care, Paul Marcus

Faculty Publications

No abstract provided.

Archeological Resource Preservation: The Role Of State And Local Government, Ronald H. Rosenberg

Faculty Publications

No abstract provided.

The Federal Tool Box: Administrative Craftsmanship In Intergovernmental Regulation, Melvin J. Dubnick, Alan R. Gitelson, Eric Anderson

Faculty Publications

This paper examines the administrative instruments — the “tool box” — available to federal agencies in implementing intergovernmental regulatory programs. The paper develops a framework for understanding administrative craftsmanship in intergovernmental regulation, focusing on how federal officials select, design, and deploy regulatory tools in response to the coordination challenges inherent in a federal system. The analysis draws on cases of intergovernmental regulatory implementation to assess the effectiveness of alternative administrative approaches.

Senate Testimony On State Implementation Of Federal Standards, Melvin J. Dubnick, Alan R. Gitelson

Faculty Publications

The document discusses the evolving role of federal, state, and local governments in intergovernmental regulation, especially through legal mechanisms.

Agencies, Functions And Actions: The Conceptual Quagmire In Regulatory Policy Theory And Practice, Melvin J. Dubnick

Faculty Publications

This paper examines the conceptual confusion at the heart of regulatory policy theory and practice, particularly around the definitions and relationships among regulatory agencies, their functions, and their actions. The paper argues that this “conceptual quagmire” — the lack of clear, consistent definitions — undermines both theoretical understanding and practical reform efforts in regulatory policy. The paper was presented at a symposium focused on the impact of regulatory policy.

Physical And Financial Abuse Of The Elderly, George J. Alexander, United States House Of Representatives, Select Committee On Aging

Faculty Publications

No abstract provided.

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.

Capital Expenditures: A Result In Search Of A Rationale, John W. Lee, Nina R. Murphy

Faculty Publications

No abstract provided.

Another Chapter In The History Of Marshall-Wythe, William F. Swindler

Faculty Publications

No abstract provided.

Legal Scholarship And The Mission Of A Law Faculty, Charles H. Koch Jr., Frederick Schauer

Faculty Publications

No abstract provided.

The Rule Of Insurable Interest And The Principle Of Indemnity: Are They Measures Of Damages In Property Insurance?, Emeric Fischer

Faculty Publications

No abstract provided.

North Haven And Dougherty: Narrowing The Scope Of Title Ix, Rosemary C. Salomone

Faculty Publications

(Excerpt)

Since 1975 when the former Department of Health, Education and Welfare (hereinafter referred to as HEW) initially promulgated regulations pursuant to Title IX of the Education Amendments of 1972 (hereinafter referred to as Title IX), four Courts of Appeals and numerous District Courts have declared invalid the Title IX regulations governing the employment practices and policies of educational institutions. In an attempt to avoid administrative chaos resulting from enforcement inconsistencies, the Justice Department petitioned the Supreme Court to review the decisions of the First, Sixth and Eighth Circuits. This petition was denied on November 26, 1979, thereby letting the …

Interorganizational Arrangements In Regulatory Policy Delivery, Melvin J. Dubnick

Faculty Publications

The document discusses the complexities of interorganizational arrangements in regulatory policy delivery, focusing on structures, coordination, and reform options.

Third Annual Report Of The Independent Evaluation Of The California Master Plan For Special Education, Patricia Craig

Faculty Publications

This is the Third Annual Report on the independent evaluation of the California Master Plan for Special Education, which was mandated in Assembly Bill 1250 and Senate Bill 1870. It contains the findings from follow-up studies in six Master Plan (MP) and four non-Master Plan (NMP) areas during 1979-80. The findings are based on responses of administrators, support personnel, and special education and regular classroom teachers to question­ naires and to questions asked during interviews conducted by SRI staff mem­ bers during 1-week visits to each of the 10 sites. The following topics were explored in greater depth during the …

Memorable Murder Trials Of Los Angeles, Gerald F. Uelmen

Faculty Publications

No abstract provided.

Monetary Approaches To Devaluation: Comment, Yeung-Nan Shieh

Faculty Publications

No abstract provided.

Stand Age Analysis Of Timber On Mississippi’S Private Nonindustrial Forests, Steven H. Bullard, G. H. Weaver, Willem W. S. Van Hees

Faculty Publications

Most of the current pine timber acreage in Mississippi developed through the reversion of large acreages of agricultural cropland to forestry. Now that cropland retirement has ceased, management practices must provide· for pine regeneration on existing forest lands. Harvesting practices that remove higher-valued pine timber from private, nonindustrial pine lands have created large acreages of poorly stocked, low quality hardwood stands.