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Changing Concepts Of Private Property, Bertel M. Sparks Jan 1972

Changing Concepts Of Private Property, Bertel M. Sparks

Faculty Scholarship

No abstract provided.


Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison Jan 1972

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Faculty Scholarship

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.


Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.


Literature Today, Germaine Bree Mar 1971

Literature Today, Germaine Bree

Faculty Scholarship

No abstract provided.


The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher Jan 1971

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …


Criminal Law And Population Control, Kent Greenawalt Jan 1971

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.


International Order And National Sovereignty - They Can Co-Exist, Arthur Larson Jan 1971

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.


Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin Jan 1971

Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin

Faculty Scholarship

According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …


The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski Jan 1971

The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.


The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel Jul 1970

The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall Jun 1970

On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall

Faculty Scholarship

Tracking, using the term in the broader sense to include all ability . grouping, represents a solution to an insoluble dilemma. While individualized instruction has long been touted as the great desideratum in American education, no one has ever been willing to pay what it would cost to give each child a different education. Educators thus devised what they considered to be the-next best thing, educational units large enough to be economically viable but small enough to isolate students with what were thought to be roughly similar educational needs. These needs are determined by an unformulated formula employing "objective testing," …


The War In Southeast Asia: A Legal Position Paper, Gordon G. Young Jun 1970

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.


Human Rights In The United States: Two Decades' Development, David S. Bogen Jan 1970

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.


Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent Jan 1970

Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent

Faculty Scholarship

No abstract provided.


The Disadvantaged Student And Preparation For Legal Education: The New York University Experience, Peter A. Winograd, Hughes Graham, Robert B. Mckay Jan 1970

The Disadvantaged Student And Preparation For Legal Education: The New York University Experience, Peter A. Winograd, Hughes Graham, Robert B. Mckay

Faculty Scholarship

The law school commitment to enroll more minority students is a decision which can have many and varied ramifications for the law school as an institution. Minority students will bring new perspectives, different needs a total outlook on life and law potentially at variance with that of the majority culture in which most law school faculties and students have been educated. The resulting challenge to accepted norms can be met by the law schools in many ways--it can be ignored, creating frustration and anger, or it can be utilized creatively, expanding the horizons of the law school to include hitherto …


Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld Jan 1970

Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld

Faculty Scholarship

An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.


First Amendment "Due Process", Henry Paul Monaghan Jan 1970

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …


Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher Jan 1970

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.


The Community Development Coporation, Robert L. Schwartz, Raymond G. Sanchez Jan 1969

The Community Development Coporation, Robert L. Schwartz, Raymond G. Sanchez

Faculty Scholarship

Review of Community Development Corporation (CDC) Model, its role as a community action agency, and the Community Self-Determination Act of 1968.


New Frontiers, Michael E. Tigar Jan 1969

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.


The New Law Of Race Relations, Arthur Larson Jan 1969

The New Law Of Race Relations, Arthur Larson

Faculty Scholarship

No abstract provided.


Just Compensation For Lessor And Lessee, John D. Johnston Jr. Jan 1969

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.


Tax Treatment Of Covenants Not To Compete, Michael Madison Jan 1969

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. Jan 1969

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

Faculty Scholarship

No abstract provided.


The Community Development Corporation, Robert J. Desiderio, Raymond G. Sanchez Jan 1969

The Community Development Corporation, Robert J. Desiderio, Raymond G. Sanchez

Faculty Scholarship

No abstract provided.


Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn Jan 1969

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

Faculty Scholarship

No abstract provided.


The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski Oct 1968

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 Jan 1968

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 Jan 1968

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

Faculty Scholarship

No abstract provided.