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Aftermath Of Vatican 2, Daniel Walther Dec 1966

Aftermath Of Vatican 2, Daniel Walther

Faculty Publications

No abstract provided.


The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne Jul 1966

The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne

Faculty Publications

In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.


Toward A Restatement Of Professional Ethics, William F. Swindler Jun 1966

Toward A Restatement Of Professional Ethics, William F. Swindler

Faculty Publications

The attitude of the courts and the practitioners is in a state of change, recognizing instances where group-practice is necessary and proper. Professor Swindler asserts that the Canons of Ethics must be revised to indicate the acceptance by the legal profession of such group-practice, particularly if the indigent and low-income client is to be served properly. Suggested revisions to the applicable Canons reflect the author's opinion.


Delight In A Day, Wilber Alexander May 1966

Delight In A Day, Wilber Alexander

Faculty Publications

No abstract provided.


Article Three: Commercial Paper, E. Mcgruder Faris Jr. Jan 1966

Article Three: Commercial Paper, E. Mcgruder Faris Jr.

Faculty Publications

No abstract provided.


Honesty And Competition: Some Competitive Virtues In The False Naming Of Goods, George J. Alexander Jan 1966

Honesty And Competition: Some Competitive Virtues In The False Naming Of Goods, George J. Alexander

Faculty Publications

No abstract provided.


Witness' Modesty Versus Criminal Defendant's Constitutional Rights: An Accomodation, Eric Wright Jan 1966

Witness' Modesty Versus Criminal Defendant's Constitutional Rights: An Accomodation, Eric Wright

Faculty Publications

No abstract provided.


Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. § 2255, Gerald F. Uelmen Jan 1966

Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. § 2255, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Family Law (1966), George J. Alexander Jan 1966

Family Law (1966), George J. Alexander

Faculty Publications

No abstract provided.


The Protection Of Civilians From Bombardment By Aircraft: The Ineffectiveness Of The International Law Of War, Paul J. Goda S.J. Jan 1966

The Protection Of Civilians From Bombardment By Aircraft: The Ineffectiveness Of The International Law Of War, Paul J. Goda S.J.

Faculty Publications

No abstract provided.


Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch Jan 1966

Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch

Faculty Publications

This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.


Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne Apr 1965

Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne

Faculty Publications

In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.


Should Punitive Damages Be Abolished! - A Statement For The Affirmative, James D. Ghiardi Jan 1965

Should Punitive Damages Be Abolished! - A Statement For The Affirmative, James D. Ghiardi

Faculty Publications

No abstract provided.


Introduction To Secured Financing, Frank C. Deguire, Richard H. Norris Iii Jan 1965

Introduction To Secured Financing, Frank C. Deguire, Richard H. Norris Iii

Faculty Publications

No abstract provided.


Constitutional Law: Cases, Comments & Questions, William W. Van Alstyne Jan 1965

Constitutional Law: Cases, Comments & Questions, William W. Van Alstyne

Faculty Publications

No abstract provided.


Student Academic Freedom And The Rule-Making Powers Of Public Universities: Some Constitutional Considerations, William W. Van Alstyne Jan 1965

Student Academic Freedom And The Rule-Making Powers Of Public Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Publications

No abstract provided.


The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne Jan 1965

The Fourteenth Amendment, The “Right” To Vote, And The Understanding Of The Thirty-Ninth Congress, William W. Van Alstyne

Faculty Publications

An examination of the Fourteenth Amendment’s legislative history is juxtaposed with Justice Harlan’s steadfast conclusion that such history reveals states’ right to set voting requirements.


Contracts And Sales, Joseph Curtis Jan 1965

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.


Family Law (1965), George J. Alexander Jan 1965

Family Law (1965), George J. Alexander

Faculty Publications

No abstract provided.


In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne Jan 1965

In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne

Faculty Publications

Following the Court’s decision in Gideon v. Wainwright, popular opinion allowed indignant criminals seeking a re-trial to receive harsher sentences. This examination argues that such a result is unconstitutional.


Reapportionment: Revisionism Or Revolution?, William F. Swindler Dec 1964

Reapportionment: Revisionism Or Revolution?, William F. Swindler

Faculty Publications

No abstract provided.


An Hour With Pierre Bourguet, Daniel Walther Aug 1964

An Hour With Pierre Bourguet, Daniel Walther

Faculty Publications

No abstract provided.


Review Of "Christus Und Die Zeit. Die Urchristliche Zeit Und Geschichtsauffassung" By Oscar Cullman, Earle Hilgert Jul 1964

Review Of "Christus Und Die Zeit. Die Urchristliche Zeit Und Geschichtsauffassung" By Oscar Cullman, Earle Hilgert

Faculty Publications

No abstract provided.


The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne Apr 1964

The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne

Faculty Publications

This paper attempts to more accurately define the doctrine of equitable apportionment governing non-navigable use of international rivers so that practitioners of international law may more easily predict the results of future cases.


Research In Administrative Law, E. Blythe Stason Jr. Jan 1964

Research In Administrative Law, E. Blythe Stason Jr.

Faculty Publications

No abstract provided.


The Supreme Court On Trial, William W. Van Alstyne Jan 1964

The Supreme Court On Trial, William W. Van Alstyne

Faculty Publications

This review of The Supreme Court on Trial questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Boards dominance of such discussion and the book’s poor treatment of the desegregation cases.


Contracts And Sales, Joseph Curtis Jan 1964

Contracts And Sales, Joseph Curtis

Faculty Publications

No abstract provided.


Family Law (1964), George J. Alexander Jan 1964

Family Law (1964), George J. Alexander

Faculty Publications

No abstract provided.


Current Challenge To Federalism: The Confederating Proposals, William F. Swindler Oct 1963

Current Challenge To Federalism: The Confederating Proposals, William F. Swindler

Faculty Publications

Professor Swindler treats the three recently proposed constitutional amendments as the culmination of state frustration at the evolution of ascendant federalism especially as embodied in modern Supreme Court decisions. Equating the proposals, in effect, to the fragmented system under the Articles of Confederation, he rejects them as contrary to the weight of constitutional history. The Constitution having established a new concept of federalism-an amalgam of the people of the United States-the author concludes that representative government is the essence of that federalism and that neither the states, their legislatures, nor their courts can have authority in the area of activity …


Quality Stabilization And The Crisis In Fair Trade, George J. Alexander Jul 1963

Quality Stabilization And The Crisis In Fair Trade, George J. Alexander

Faculty Publications

No abstract provided.