Digital Commons Network^™

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Tax Treatment Of Covenants Not To Compete, Michael Madison

Faculty Scholarship

No abstract provided.

The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr.

Faculty Scholarship

No abstract provided.

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

Criminal Justice In Extremis: Administration Of Justice During The April 1968 Chicago Disorder, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Social Justice Through Civil Justice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Epilogue To The Criminal Justice Survey, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Operation Of Joint Wills In Texas, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.

Electoral College - Its Defects And Dangers, The, John D. Feerick

Faculty Scholarship

In a few months we will witness the operation of the electoral college system of electing the President and Vice President of the United States. Due partly to the appearance of George C. Wallace's American Independent Party,' the 1968 election could be decided in the House of Representatives, where each state has one vote regardless of its population. The election seems certain to point up the perils in our present system. Although our system of electing the President is now under scrutiny by Congress, reform does not appear imminent. As in the case of presidential inability, a tragedy or near …

A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

The Federal Air Pollution Program, Leo M. Romero

Faculty Scholarship

An awareness of the awesome threat-both to our health and to our economy-posed by a polluted atmosphere has long been widespread. Only recently, however, has concern been translated into conduct on the part of those whose initiative is essential if we are to meet one of the most technical challenges of our industrial society.

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

Comparison Of Isobar Production In Pp And P̅N Interactions At 2.8 Gev/C, William J. Fickinger

Faculty Scholarship

The reactions pp→N*++(1238)n and p̅ n→N̅ *--(1238)p at 2.8 GeV/c incident laboratory momentum are analyzed with the Brookhaven National Laboratory 20-in. bubble chamber. Isobar and anti-isobar production differential cross sections and decay angular distributions are compared with the predictions of an absorptive single-pion-exchange model. The absolute values, shapes, and ratios of the cross sections are in good agreement with the theory when the absorptive parameters γ1 and γ2 are 0.033 and 0.016 for the p̅ n reaction, and 0.057 and 0.019, respectively, for the pp reaction.

Single And Multiple Pion Production In Π⁺N And Π‾P Interactions At 1.7 Gev/C, William J. Fickinger, D. K. Robinson

Faculty Scholarship

Meson production in π-p and π+n interactions at 1.7 GeV/c has been studied in two bubble-chamber exposures. Combined results are presented with emphasis on single-pion production (4300 events) which is dominated by the formation of the ρ0 meson in peripheral interactions, and on double-pion production (1100 events) which shows strong formation of the ω meson. These data are compared with the predictions of particle-exchange models, including absorption, and the effects of competing channels are discussed. Evidence for a two-pion decay mode of the ω is examined quantitatively. Processes with higher meson multiplicities are described.

Slave-Raids Of The Ant Polyergus Lucidus Mayr, Mary Talbot

Faculty Scholarship

Since slave-making raids of t,he genus Polyergus are conspicuous and spectacular, they have been studied by a number of myrmecologists. Among these are Wheeler 9 IO), Forel (I928), Creighton (95o), and Dobrzanska and Dobrzanski (96o). This paper concerns the eastern "shining slave-maker," Polyeryus lucidus Mayr, on the. Edwin S. (]eorge Reserve in southeastern Michigan (Livingston County). Twenty-five colonies of this species have been found, scattered quite widely over the fields, on the a square miles of the Reserve. Most .of the. fields tend to be dry, wit’h Canada bluegrass (Poa compressa L.) the dominant grass and with forbes .such as …

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Succession, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo

Faculty Scholarship

No abstract provided.

Prolonging Life, George P. Fletcher

Faculty Scholarship

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.