Digital Commons Network^™

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.

Interdisciplinary Courses And Programs In Law And Social Work–A Survey, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

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 …

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

Faculty Scholarship

No abstract provided.

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 …

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.

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

Faculty Scholarship

No abstract provided.

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Lawyer's Role In Resistance, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Compensation For Victims Of Violent Crimes: An Analysis, Robert E. Scott

Faculty Scholarship

Spurred by the implementation of plans in Great Britain, New Zealand, and California; and by various other federal and state proposals, the concept of state compensation to victims of violent crimes has recently become the subject of wide public interest and intensive legal debate. In essence, the concept envisages some scheme by which the victims of crimes of violence can be compensated for any losses resulting from their criminally inflicted injuries.

Before any proposals based on this conception are adopted they should be shown to have a valid theoretical framework, supported by sound legal principles, with an effective and efficient …

The Individual And The Public Service Enterprise In The New Industrial State, Joseph R. Grodin, Matthew O. Tobriner

Faculty Scholarship

No abstract provided.

The American Bar Foundation's Research Program For 1967, Geoffrey C. Hazard Jr.

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 …

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.

A Suggestion: The Family Lawyer, John S. Bradway

Faculty Scholarship

No abstract provided.

Interests And Policy Clashes In Conflict Of Laws, Robert Kramer

Faculty Scholarship

No abstract provided.

May V. Anderson: Preamble To Family Law Chaos, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Legal Aid Clinic Commodity, John S. Bradway

Faculty Scholarship

No abstract provided.

Legal Education In The Latin-American Republics, H. Claude Horack

Faculty Scholarship

No abstract provided.

Law And The Liberal Mind, Malcolm Mcdermott

Faculty Scholarship

No abstract provided.

Report Of The National Law Student Conference On Legal Education: Availability Of Legal Education And Placement Of Law Graduates, John Dej. Pemberton Jr.

Faculty Scholarship

No abstract provided.

Mark Hopkins—His Log , John S. Bradway

Faculty Scholarship

No abstract provided.

Proposed New Techniques In The Law Of Divorce, John S. Bradway

Faculty Scholarship

No abstract provided.

Why Pay Alimony?, John S. Bradway

Faculty Scholarship

No abstract provided.

Myth Of The Innocent Spouse, John S. Bradway

Faculty Scholarship

No abstract provided.

Tampering With Marriage, John S. Bradway

Faculty Scholarship

No abstract provided.

Migratory Divorce, David F. Cavers

Faculty Scholarship

No abstract provided.