Digital Commons Network^™

Selected Forum Agreements In Western Europe, Joseph Perillo

Faculty Scholarship

No abstract provided.

Full Faith And Credit, Chiefly To Judgments: A Role For Congress, Brainerd Currie

Faculty Scholarship

No abstract provided.

Law And The Negro Revolution; Ten Years Later, Henry Paul Monaghan

Faculty Scholarship

Scarcely ten years ago the Supreme Court of the United States sounded the death knell for segregation in the public schools. In so doing, the high court in fact did much more, for its decision drew together and united the diverse elements in American society which were arrayed against segregation in all its forms. Thus began the great social upheaval which we loosely term "the Negro revolution."

The broad goal is readily discernible. The Negro demands admittance to American public life, to the schools, theatres, restaurants, hotels, job opportunities and the like which comprise the "public" sector of our society; …

State Right-To-Work Laws And Federal Labor Policy, Joseph R. Grodin, Duane B. Beeson

Faculty Scholarship

No abstract provided.

Trusts And Administration, Charles L. Knapp

Faculty Scholarship

No abstract provided.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

Faculty Scholarship

No abstract provided.

Procedural Due Process And State University Students, William W. Van Alstyne

Faculty Scholarship

This examination seeks to address the problems both universities and students confront regarding the growth of student expression. It is noted that contemporary students sometimes have fewer rights than petty criminals and this article explores the common reasons behind universities’ abbreviated procedures and reconcile those reasons with students’ emerging Fourteenth Amendment rights.

Book Review, William W. Van Alstyne

Faculty Scholarship

This review champions the editor’s use of Mr. Justice Black’s own opinions in showcasing his emphasis of the emancipating aspects of the Constitution. This work cautions the reader to avoid relying on this compilation as an accurate depiction of the state of the law, especially considering that most of the included opinions are dissents.

Right To Counsel In Criminal Post-Conviction Review Proceedings, Gordon Van Kessel

Faculty Scholarship

No abstract provided.

Acts Barring Property Rights, W. Bryan Bolich

Faculty Scholarship

No abstract provided.

Contracts (1962), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. The 1961 Annual Suroey of American Law pointed to the Uniform Commercial Code as the most significant development in the law of contracts during recent years. This statute, with its many provisions affecting the rules of offer and acceptance, consideration, unconscionable agreements and other aspects of the contractual relationship, will undoubtedly have a substantial effect upon traditional contract concepts. At the very least, there has been a shift from the Willistonian rigidity to Llewellynian flexibility in contracts involving the sale of personal property. Furthermore, with the natural tendency of some courts to reason by analogy and apply the …

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

Comment: Sit-Ins And State Action- Mr. Justice Douglas, Concurring, Kenneth L. Karst, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.

Authority Of The President Over Corporate Litigation: A Study In Inherent Agency, The , Roger J. Goebel

Faculty Scholarship

It is a traditional rule of corporate law that the board of directors exercises plenary power over corporate management. In fact, however, the twentieth century has witnessed a decided shift of the functional center of authority to the corporate officers. Although a basic residuum of authority remains in the board of directors, the officers, especially the president, in the majority of corporations exercise the day-to-day control of corporate affairs; In practice the modern corporation is occasionally directed by a general manager, but more often by the president (or perhaps, to use a mode currently in vogue for large public- issue …

The National Labor Relations Act And Racial Discrimination, Michael I. Sovern

Faculty Scholarship

When the United States Commission on Civil Rights completed its recent study of discrimination in employment, its findings began on the same depressing note sounded by virtually every student of the problem since the end of slavery:

[N]egro workers are still disproportionately concentrated in the ranks of the unskilled and semiskilled in both private and public employment. They are also disproportionately represented among the unemployed because of their concentration in unskilled and semi-skilled jobs-those most severely affected by both cyclical and structural unemployment-and because Negro workers often have relatively low seniority. These difficulties are due in some degree to present …

The Early Evolution Of The Common Law Writs: A Sketch, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Death, The State, And The Insane: Stay Of Execution, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …

Insanity As A Defense: The Bifurcated Trial, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

Arrangements Which Protect Minority Shareholders Against Squeeze-Outs, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap

Faculty Scholarship

Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …

A Critique Of The Ohio Public Accommodations Law, William W. Van Alstyne

Faculty Scholarship

Since 1884, Ohio has modestly identified itself with the philosophy that enterprises which solicit the general public for private profit necessarily assume some responsibility not to deny arbitrarily the public's right to rely on their services and facilities.

Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne

Faculty Scholarship

For the first time in the twentieth century, the Ohio Legislature has moved forcefully to protect the right of access to places of public accommodation from racial discrimination.

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan

Faculty Scholarship

Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …

World Peace Through World Law: The Disarmament Problem, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Indispensable Party: The Historical Origin Of A Procedural Phantom, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Testimony By A Judge Or Juror, Frederick M. Hart

Faculty Scholarship

Although the early history of the jurata shows it to have been chosen from among those who were familiar with the controversy and parties before the court, it has long been recognized that the better system attempts to obtain jurors and judges who have no prior knowledge of the dispute to be tried. In furtherance of this policy the voir dire exists to eliminate unwanted jurymen and similar devices have been established to provide for the disqualification of judges. In spite of these protections, the situation still occasionally arises where it is discovered after a trial has begun that the …

Election, Dissent And Renunciation, W. Bryan Bolich

Faculty Scholarship

No abstract provided.