Digital Commons Network^™

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 …

Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

A Contextual Approach To Disobedience, Kent Greenawalt

Faculty Scholarship

Edmund Burke once noted that the rebelliousness of colonial America was largely a consequence of the size and prominence of the legal profession, under whose influence the people "snuff the approach of tyranny in every tainted breeze." Today, however, most members of the legal profession take a much dimmer view of civil disobedience, although some do acknowledge its justification in special circumstances. Few who write on the subject recognize that in making judgments about the morality of disobedient acts the lawyer's perspective is limited.

Disputes over whether an illegal action is morally justified in a particular instance can be conceptually …

Presidential War-Making, Henry Paul Monaghan

Faculty Scholarship

The Vietnam "war" has convinced many persons that the president of the United States claims apparently unlimited power to commit this country to war. Not surprisingly, therefore, considerable interest has focused on the powers that inhere in the presidency. And many critics of the war – those who in other times and in other contexts might have been sympathetic to a spacious conception of presidential power – have concluded that the Vietnam conflict is not only a tragic error, but is the direct result of unconstitutional conduct by the president. I cannot accept this view; at bottom, it seems to …

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.

Extemporaneous Comment, Michael S. Baram

Faculty Scholarship

Well, I think today we have heard two ideas which are intuitive to the emerging role of the law school. One is Arthur Miller's idea of creating centers of policy analysis and the other is what several other speakers have suggested about interdisciplinary and clinical interdisciplinary programs. I would like to speak against the former and for the latter.

The Social Control Of Science And Technology, Michael S. Baram

Faculty Scholarship

Science and technology increasingly work changes in the complex matrix of society. These changes pervade our ecological systems and our physical and psychic health. Less perceptibly, they pervade our culture, our values, and our value based institutions such as the law. In turn, our values and institutions shape the progress and utilization of science and technology.

As we know, science and technology have provided society with enormous material benefits and a higher standard of living and health. But we now realize that this process has been accompanied by alarming rates of resource consumption and many new hazards to ecological systems …

Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Governor's Private Eyes, Tamar Frankel

Faculty Scholarship

In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …

The "Control" Test For Limited Partnerships, Alan L. Feld

Faculty Scholarship

Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …

Due Process Considerations In Police Showup Practices, Gordon G. Young

Faculty Scholarship

No abstract provided.

Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran

Faculty Scholarship

No abstract provided.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

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.

Selective Service: Some Certain Problems And Some Tentative Answers, Michael E. Tigar, Robert J. Zweben

Faculty Scholarship

No abstract provided.

Professionalism And Student Protest, Paul D. Carrington

Faculty Scholarship

The attributes of professionalism, which are the hallmark of the lawyer's calling, can be used to help institutions and the public understand and effectively deal with student protest and disorder. An unruffled, low keyed reaction is needed in most cases with the law's processes reserved for occasions that cannot be handled as intramural clashes.

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Control Distribution Devices, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

The New Law Of Race Relations, Arthur Larson

Faculty Scholarship

No abstract provided.

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

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.

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

Faculty Scholarship

No abstract provided.

Federal Tax Status Of California Professional Men Who Incorporate, Stephen A. Lind

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.