Digital Commons Network^™

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman

Faculty Scholarship

On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …

The Tennessee Administrative Procedures Act: An Outsider's Perspective, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Class Actions, Richard Briffault

Faculty Scholarship

In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …

The Metamorphosis Of Larceny, George P. Fletcher

Faculty Scholarship

To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …

Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Stevens V. Parke, Davis & Co., Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Civil Jury Trial: The Case For Reasoned Iconoclasm, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Non-Nepa Legal Aspects Of Federal Coal Leasing And Development Policy: An Environmental Attorney's Analysis, John D. Leshy

Faculty Scholarship

No abstract provided.

Limiting Religious Tax Exemptions: When Should The Church Render Unto Caesar?, Stephen Schwarz

Faculty Scholarship

No abstract provided.

The Entrapment Controversy, Roger C. Park

Faculty Scholarship

No abstract provided.

Pooling Agreements Under The New California General Corporation Law, William K.S. Wang

Faculty Scholarship

No abstract provided.

Standards Of Judicial Administration: Appellate Courts, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

A Quarter-Century Of Transition In The New York Law Of Trusts And Estates, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

The Multiemployer Concept In The Public Sector, Louis B. Kimmelman

Faculty Scholarship

No abstract provided.

Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin

Faculty Scholarship

No abstract provided.

Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley

Faculty Scholarship

No abstract provided.

The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns

Faculty Scholarship

No abstract provided.

When You Enter The Hospital Check Your Rights At The Door, George J. Annas

Faculty Scholarship

Civil libertarians have little difficulty appreciating the plight of prisoners or mental patients. But tell the average civil libertarian that there are significant and unnecessary restrictions on the individual rights and liberties of patients in general hospitals, and you are likely to encounter a blank stare. There are a number of reasons for this lack of attention to hospitals. One is the general misconception that the problems are minor, or that certain temporary restrictions on individuals are essential if hospitals are to treat sick people properly. An unconscious desire not to perceive ourselves as being at risk may be another …

The Mirror And The Porthole, William C. Spencer

Faculty Scholarship

No abstract provided.

Fairness And A Consumption-Type Or Cash Flow Personal Income Tax, Alvin C. Warren Jr.

Faculty Scholarship

No abstract provided.

Lewis M. Simes As Teacher, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

The Taney Period, 1836-64, David S. Bogen

Faculty Scholarship

No abstract provided.

Utilizing Rule 10b-5 For Remedying Squeeze-Outs Or Oppression Of Minority Shareholders, F. Hodge O'Neal, Ronald R. Janke

Faculty Scholarship

No abstract provided.

Law, Lawyers And Social Welfare, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Evidence, Frank W. Elliott

Faculty Scholarship

During the past year there were a number of cases of interest dealing with various aspects of the hearsay rule.

Assessing The Distributional Effects Of Income Tax Revision: Some Lessons From Incidence Analysis, Michael J. Graetz

Faculty Scholarship

In recent years public attention to issues of tax equity has increased dramatically. The testimony in January 1969 of outgoing Secretary of the Treasury Joseph Barr that 154 individuals who had adjusted gross incomes of more than $200,000 in 1966 paid no federal income tax intensified public awareness and concern about the equity of the tax system. Tax reform has remained a central issue of public policy.

At the same time, scholars working in the tax field have refined their methods of analyzing the impact on individuals and classes of individuals of tax laws and tax changes. Theoretical advances in …