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The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne Jan 1972

The Specific Theory Of Academic Freedom And The General Issue Of Civil Liberty, William W. Van Alstyne

Faculty Publications

Academic freedom has been blurred in law and in popular usage. Its clarification should enable the Supreme Court to grant it explicit protection under the Constitution as an identifiable subset of First Amendment freedoms. Its identification with the professional endeavors of faculty members, moreover, should reduce the tendency of institutions to intrude upon the aprofessional personal liberties of the faculty even while adequately protecting the extramural professional pursuits of the faculty and assuring them of equal protection in their interests as private citizens. Adjustments of standards by the American Association of University Professors, more definitely distinguishing the special accountability of …


Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne Jan 1972

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Publications

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution. Congressional ratification of the Southeast Asia Treaty and the Charter of the United Nations, as well as enactment of the Gulf of Tonkin Resolution, are often urged as constituting sufficient congressional authorization for the President's actions. Some have gone further and contended that congressional authorization was not a prerequisite in the Vietnam conflict because the President never exceeded his historically recognized authority to act unilaterally in defense of the …


The Treaty Power And Family Law, Jerome J. Curtis Jr. Jan 1972

The Treaty Power And Family Law, Jerome J. Curtis Jr.

Faculty Publications

No abstract provided.


Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown Jan 1972

Constitutional Law: Double Jeopardy - New Approach To The "Manifest Necessity Rule", Ronald C. Brown

Faculty Publications

No abstract provided.


Early Thoughts On Prosecuting Polluters, Kenneth A. Manaster Jan 1972

Early Thoughts On Prosecuting Polluters, Kenneth A. Manaster

Faculty Publications

No abstract provided.


Jury Nullification: The Right To Say No, Alan Scheflin, Jon Van Dyke Jan 1972

Jury Nullification: The Right To Say No, Alan Scheflin, Jon Van Dyke

Faculty Publications

No abstract provided.


A Study Of Cross-Cultural Groups At Malcolm Price Laboratory School; University Of Northern Iowa, Leander A. Brown, Richard F. Strub, Shirlee Rainey Jan 1972

A Study Of Cross-Cultural Groups At Malcolm Price Laboratory School; University Of Northern Iowa, Leander A. Brown, Richard F. Strub, Shirlee Rainey

Faculty Publications

A brief history of the integration efforts of the school and the resulting interracial conflict is presented. From this background evolved the cross-cultural groups which are the focus of this paper. Essentially; discussion was used for exploring the issues which were identified as impediments to good relationships within the school; (1) too few black faculty and students; (2) the impact of "Tomism;" (3) geographic location of students' homes; (4) differing interests of black and white students; (5) the need for extra-school interracial contact; and (6) inhibitions; both social and parental; against interracial contact; especially dating. The results of a questionnaire; …


The Duty To Decide, Alan Scheflin Jan 1972

The Duty To Decide, Alan Scheflin

Faculty Publications

No abstract provided.


Principles Of Community Property, 2nd Edition, Paul J. Goda S.J. Jan 1972

Principles Of Community Property, 2nd Edition, Paul J. Goda S.J.

Faculty Publications

No abstract provided.


Justices Not Infallible, C. Mervyn Maxwell Nov 1971

Justices Not Infallible, C. Mervyn Maxwell

Faculty Publications

No abstract provided.


Insight, C. Mervyn Maxwell Nov 1971

Insight, C. Mervyn Maxwell

Faculty Publications

No abstract provided.


State Constitutions For The 20th Century, William F. Swindler Jul 1971

State Constitutions For The 20th Century, William F. Swindler

Faculty Publications

No abstract provided.


Where Is The Promise Of His Coming?, C. Mervyn Maxwell Jun 1971

Where Is The Promise Of His Coming?, C. Mervyn Maxwell

Faculty Publications

No abstract provided.


Questions Youth Are Asking Today, C. Mervyn Maxwell Apr 1971

Questions Youth Are Asking Today, C. Mervyn Maxwell

Faculty Publications

No abstract provided.


Theories Of Water Pollution Litigation, Peter N. Davis Jan 1971

Theories Of Water Pollution Litigation, Peter N. Davis

Faculty Publications

The common law has traditionally provided the rules that govern relationships among landowners in their use of watercourses. These rules are embodied in the eastern United States in the doctrine of riparian rights, which addresses itself both to water quantity, and to water quality. Persons complaining of pollution of waters abutting their lands have, in addition to redress by complaint to the state pollution control agency, redress by lawsuit against the alleged polluter. This common law supplements the body of statutory law regulating the waters of the state for the benefit of the people.


Quantitative Analysis Of Pinedale Landforms, Beartooth Mountains, Montana And Wyoming, William L. Graf Jan 1971

Quantitative Analysis Of Pinedale Landforms, Beartooth Mountains, Montana And Wyoming, William L. Graf

Faculty Publications

The spatial distribution of terminal moraines in alpine valleys can be quantitatively described using distance/regression models. Surface parameters indicative of age may also be numerically analyzed. Evaluation of postglacial modification of valley sides between terminal moraines provides an additional indicator of relative age of valley segments. Analysis of the geomorphology of alpine features in the upper Rock Creek drainage in the southeastern Beartooth Mountains, Montana, shows that glaciers in this area deposited evidence of two Bull Lake, four Pinedale, and two Neo glacial advances.


Section 482 And The Integrated Business Enterprise, John W. Lee Jan 1971

Section 482 And The Integrated Business Enterprise, John W. Lee

Faculty Publications

No abstract provided.


The Chief Justice And Law Reform, 1921-1971, William F. Swindler Jan 1971

The Chief Justice And Law Reform, 1921-1971, William F. Swindler

Faculty Publications

No abstract provided.


Warrantless Searches And Seizures, Mack Player Jan 1971

Warrantless Searches And Seizures, Mack Player

Faculty Publications

No abstract provided.


Legal Problems Affecting Older Americans, George J. Alexander, United States Senate, Special Committee On Aging Aug 1970

Legal Problems Affecting Older Americans, George J. Alexander, United States Senate, Special Committee On Aging

Faculty Publications

No abstract provided.


Investment Securities, Thomas H. Jolls Apr 1970

Investment Securities, Thomas H. Jolls

Faculty Publications

No abstract provided.


Love And Sexuality Part 2, Charles E. Wittschiebe Mar 1970

Love And Sexuality Part 2, Charles E. Wittschiebe

Faculty Publications

No abstract provided.


The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler Mar 1970

The Warren Court: Completion Of A Constitutional Revolution, William F. Swindler

Faculty Publications

No abstract provided.


Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part Ii--Roles, Ethics, And Reform, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman Jan 1970

Transferring North Carolina Real Estate Part I--How The Present System Functions, Dale A. Whitman

Faculty Publications

As we have seen in Part I of this article, prevailing practices in the transfer of North Carolina real estate are seriously deficient in their substantive protection of the buyer. Part II will explore whether these practices also violate the norms of professional conduct and will conclude with some proposals which should ameliorate both the substantive and ethical deficiencies which face the real estate buyer. Before doing so, however, it seems appropriate to discuss in some detail the roles of various actors in the typical transaction and the types of persons who fill those roles.


Defending The Low-Income Tenant In North Carolina, Dale A. Whitman Jan 1970

Defending The Low-Income Tenant In North Carolina, Dale A. Whitman

Faculty Publications

The low-income tenant is in a uniquely precarious position under the law. He typically holds under an oral lease, often on an implied periodic tenancy from week to week. Even where a written lease is executed, it is almost invariably on a form prepared by the landlord. The tenant has little bargaining power in today's urban housing markets; moreover, he is usually not represented by counsel and is unable to intelligently exert whatever bargaining power he may possess. The land- lord is generally a professional in the renting business, and knows well how to manipulate the legal rules for his …


The Supreme Court, The President And Congress, William F. Swindler Jan 1970

The Supreme Court, The President And Congress, William F. Swindler

Faculty Publications

No abstract provided.


Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii Jan 1970

Practice And Pleading (15th Annual Survey Of Virginia Law), W. Taylor Reveley Iii

Faculty Publications

After quickly outlining recent, legislation in the field of practice and pleading, this Article proceeds to a more detailed treatment of pertinent judicial developments. Several of the Supreme Court of Appeals' decisions merit close attention, principally Rakes v. Fulcher and Sullivan v. Little Hunting' Park, Inc. Recurrent in the discussion of the judicial opinions is concern not only with the announced law, but also with the manner of the announcement-concern, that is, with both the legal results and the legal craftsmanship. Organizationally, an attempt has been made to discuss the judicial material at the time of its "moment of truth" …


Civil Procedure, Robert Peterson Jan 1970

Civil Procedure, Robert Peterson

Faculty Publications

No abstract provided.


The Role Of The Judiciary In The Confrontation With The Problems Of Environmental Quality, Gary G. Neustadter Jan 1970

The Role Of The Judiciary In The Confrontation With The Problems Of Environmental Quality, Gary G. Neustadter

Faculty Publications

No abstract provided.