Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 20251 - 20280 of 20584

Full-Text Articles in Entire DC Network

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 …


All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt Jan 1971

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …


Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg Jan 1971

Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg

Faculty Scholarship

In his article, Marginal Cost Pricing, Investment Theory and CATV, James Ohls makes a number of erroneous assertions concerning the optimum pricing of CATV. Most of his problems stem from a failure to properly define the environment in which the optimum price is to be set and the role that an optimum price should play. If one alters Ohls' implicit (and sometimes contradictory) assumptions and if one keeps in mind the purpose prices should serve in an economic system, a number of Ohls' conclusions are altered.


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.


Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel Jan 1971

Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel

Faculty Scholarship

The variable annuity is a novel retirement plan. It was devised to minimize the inadequacies of a fixed-dollar annuity as a retirement device. Inflation and an accelerating standard of living have left persons receiving fixed-dollar annuities with only a fraction of the income required to meet their needs.


Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr. Jan 1971

Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.


Public Employee Bargaining In Oregon, Joseph R. Grodin, Mark A. Hardin Jan 1971

Public Employee Bargaining In Oregon, Joseph R. Grodin, Mark A. Hardin

Faculty Scholarship

No abstract provided.


Res Nova In Res Judicata, Geoffrey C. Hazard Jr. Jan 1971

Res Nova In Res Judicata, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski Jul 1970

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

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.


Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn Jun 1970

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski Apr 1970

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.


More About Oysters Than You Wanted To Know, Garrett Power Mar 1970

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.


The Investment Banker And The Credit Regulations, Roberta S. Karmel Mar 1970

The Investment Banker And The Credit Regulations, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


Evans V. Abney: Reverting To Segregation, David S. Bogen Jan 1970

Evans V. Abney: Reverting To Segregation, David S. Bogen

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.


The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet Jan 1970

The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet

Faculty Scholarship

No abstract provided.


Securing Courtroom Decorum, Geoffrey C. Hazard Jr. Jan 1970

Securing Courtroom Decorum, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Decision Trees, Peter L. Strauss, Michael R. Topping Jan 1970

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …


Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar Jan 1970

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term


Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar Jan 1970

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.


Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson Jan 1970

Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson

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.


Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski Jan 1970

Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski

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.


Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt Jan 1970

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.