Digital Commons Network^™

Legal Professions Of Italy, Joseph Perillo

Faculty Scholarship

No abstract provided.

Constitutional Law, Kent Greenawalt

Faculty Scholarship

In the last thirty years, the equal protection clause has been largely transformed. Once a point of reference for courts striking down schemes of economic regulation which they regarded as unreasonable or unwise, it is now primarily a source of constitutional standards in the areas of civil rights, reapportionment, and rights of indigents accused of crime. These standards are of immense legal and social consequence. Since the landmark case of Brown v. Board of Educ. their development-characterized by Professor Philip B. Kurland as "the rise of egalitarianism" – has been paralleled by an increasing attention to the claims of equality …

Criminal Law And Procedure, Henry Paul Monaghan

Faculty Scholarship

§12.1 Introduction. The recent decisions of the United States Supreme Court in the area of criminal procedure have begun to have a considerable impact upon litigation in the Massachusetts courts; indeed, for at least the second successive year the major emphasis of the Supreme Judicial Court's criminal law opinions centered upon considerations of "criminal due process." On the whole, the Court demonstrated an admirable concern for protecting the requirements of a fair trial. However, in at least two significant areas its decisions are open to considerable question: (1) in a series of opinions the Court confined the admittedly unclear …

Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Obscenity, 1966: The Marriage Of Obscenity Per Se And Obscenity Per Quod, Henry Paul Monaghan

Faculty Scholarship

In a widely admired article, Harry Kalven argued that the New York Times case embodies the "central meaning" of the First Amendment. On his view, in a free, open society, maximum protection must be accorded to "political" speech. He concluded that the right freely to criticize the government must lie at the center of any adequate theory of the First Amendment.

It is not so easy to make a comparable claim about the relationship between obscenity and the First Amendment. The Supreme Court's conception of obscenity is partially responsible. While the Court in Roth v. United States (1957) explicitly barred …

Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher

Faculty Scholarship

Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.

Some Aspects Of Ethiopian Arrest Law: The Eclectic Approach To Codification, Stanley Z. Fisher

Faculty Scholarship

The Criminal Procedure Code of 1961 is one of Ethiopia's most recent codes, and one of the least "developed" in terms of published commentary and reported cases. In contrast to the "introduced" and "explained" Penal and Civil Codes, the Criminal Procedure Code has apparently been disowned by its drafters, none of whom have written a word of commentary on it. Its origins remain obscure, and at first glance it is difficult to see which, if any, "system" was its inspiration. In fact, it seems, the Code has roots in no single system, nor even in any single "family" of systems. …

Buy American, Michael S. Baram

Faculty Scholarship

The role of American technology in the Western Alliance has recently become a much-discussed issue. As should have been apparent long ago, this technology is the basis for America's economic dominance of the Alliance and, therefore, for its military and political dominance as well. This connection between technological and political supremacy has only recently received the public discussion it deserves, largely as a result of the economic hardships facing the British airframe and shipbuilding industries.'

Widow's Success In Common-Law Property State To Husband's Rights In Her Half Of Community Property Is Taxable And Valued At One-Half Of Entire Community--In Re Kessler's Estate, Bailey H. Kuklin

Faculty Scholarship

No abstract provided.

Criminal Law - Habeas Corpus - Prematurity, John L. Gedid

Faculty Scholarship

No abstract provided.

Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie

Faculty Scholarship

No abstract provided.

Civil Procedure: The Tempest Brews, Brainerd Currie

Faculty Scholarship

No abstract provided.

Ehrenzweig And The Statute Of Frauds: An Inquiry Into The Rule Of Validation, Brainerd Currie

Faculty Scholarship

No abstract provided.

The Regional Approach To Planning, Michael W. Martin

Faculty Scholarship

No abstract provided.

(Case Note) “Constitutional Law - Legislative Freedom Of Speech - Constitutional Privilege Available To Congressman Charged With Bribery, Michael W. Martin

Faculty Scholarship

No abstract provided.

A General Theory Of State-Court Jurisdiction, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Gideon's Army: Student Soldiers, Henry Paul Monaghan

Faculty Scholarship

Ours is a nation that takes great pride in the manner in which it administers justice to its citizens. To us, "equal justice under law" is not simply hollow rhetoric; it gives expression to some of our most fundamental values, and it proclaims that every man should be treated fairly and equally in the administration of the laws. It is, of course, of no small moment that we hold such an ideal, for a nation invites judgment on how well its performance comports with its professions of faith.

In the administration of our laws there is much to which we …

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Trusts And Succession, Charles L. Knapp

Faculty Scholarship

No abstract provided.

The Research Program Of The American Bar Foundation, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Rationing Justice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht

Faculty Scholarship

On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …

Nest Structure And Flights Of The Ant Formica Obscuriventris Mayr, Mary Talbot

Faculty Scholarship

In southern Michigan the ant Formica obscuriventris Mayr constructs superficial nests under logs and piled-up leaves. Covered runways connect widely spread chambers.In 1962 one colony released approximately 3000 winged ants in 16 flight days between July 27 and August 24th. An estimated 2587 males flew, and the first nine flights were exclusively male. Females took part in six flights, but most (362 of the 422) flew on one day.The best flights occurred when bright sun warmed the ground after cold nights. Males could move out of the nest at 57 [deg]F. and could begin flying at 63 [deg]F. They flew …

Volksgeist And A Piece Of Sulphur, Frank W. Elliott

Faculty Scholarship

Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …

Book Review, William W. Van Alstyne

Faculty Scholarship

This review of "The Supreme Court on Trial" by Charles Hyneman, questions why the work’s tackling the age-old issues of the source of judicial review and its constitutionality is particularly novel or unique from other such examinations. Issue is also taken with Brown v. Board of Educaion's dominance of such discussion and the book’s poor treatment of the desegregation cases.

Developments In The Regulation Of The Close Corporation, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

The Small Corporation And The Proposed Arkansas Corporation Code, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick

Faculty Scholarship

On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …