Digital Commons Network^™

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

Enforcing The Contract To Bargain, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

San Joaquin Delta: Is Negotiation A Solution?, Richard B. Cunningham

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 Law Schools And The Negro, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Problems Of Minority Shareholders In Michigan Close Corporations, F. Hodge O'Neal, Walter G. Moeling Iv

Faculty Scholarship

No abstract provided.

Commentary, An Ode To Rejection, 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.

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

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.

Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Labor Law Decisions Of The Supreme Court, October Term 1967-68, Charles H. Livengood Jr.

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 …

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Scholarship

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.

The New Jersey Estoppel Statute In Subdivision Control Administration, Leo M. Romero

Faculty Scholarship

Subdivision control statutes allow a municipality to supervise the subdivision of land in the public interest. As part of the subdivision approval process, state enabling acts authorize municipalities to require the developer to install paved streets, drainage and sewage facilities, water supplies, and other improvements that are necessary to the development. While emphasizing the necessity of protecting the public by requiring these necessary improvements, courts and legislatures have neglected to give the developer the assurance of certainty that these requirements, once imposed, will not later be changed. This assurance is necessary, as the developer must be able to rely on …

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).

Duke Law School, 1868-1968: A Sketch, W. Bryan Bolich

Faculty Scholarship

This paper constitutes the somewhat revised text of an address by the author at the Law Alumni Association Annual Luncheon Meeting and Duke Law School Centennial Observance, April 20, 1968.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.