Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network

Open Access. Powered by Scholars. Published by Universities.®

Faculty Scholarship

Discipline
Institution
Keyword
Publication Year
File Type

Articles 15511 - 15540 of 15821

Full-Text Articles in Entire DC Network

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.


Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski Jul 1971

Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski

Faculty Scholarship

No abstract provided.


Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin Jan 1971

Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin

Faculty Scholarship

According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …


Res Nova In Res Judicata, Geoffrey C. Hazard Jr. Jan 1971

Res Nova In Res Judicata, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


International Order And National Sovereignty - They Can Co-Exist, Arthur Larson Jan 1971

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.


The Identity Of Legal Systems, Joseph Raz Jan 1971

The Identity Of Legal Systems, Joseph Raz

Faculty Scholarship

Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …


Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr. Jan 1971

Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.

Faculty Scholarship

Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.


Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr. Jan 1971

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

Faculty Scholarship

No abstract provided.


The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski Jan 1971

The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.


The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher Jan 1971

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …


Criminal Law And Population Control, Kent Greenawalt Jan 1971

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.


All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt Jan 1971

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 …


The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.


Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii Jan 1971

Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii

Faculty Scholarship

In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the Supreme Court held that a case of action for damages against federal law enforcement offices who violate the fourth amendment could be inferred directly from constitutional provisions. Through analysis of the reasoning which necessarily underlies such a holding, the author draws several general conclusions about the respective roles of the Court and Congres in creating and restricting remedies effectuating constitutional guarantees. He then applies his analysis to the possibilities for independant judicial creation of an action against governmental units and for legislative replacement of the exclusionary …


Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel Jan 1971

Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel

Faculty Scholarship

The variable annuity is a novel retirement plan. It was devised to minimize the inadequacies of a fixed-dollar annuity as a retirement device. Inflation and an accelerating standard of living have left persons receiving fixed-dollar annuities with only a fraction of the income required to meet their needs.


A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski Jul 1970

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel Jul 1970

The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall Jun 1970

On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall

Faculty Scholarship

Tracking, using the term in the broader sense to include all ability . grouping, represents a solution to an insoluble dilemma. While individualized instruction has long been touted as the great desideratum in American education, no one has ever been willing to pay what it would cost to give each child a different education. Educators thus devised what they considered to be the-next best thing, educational units large enough to be economically viable but small enough to isolate students with what were thought to be roughly similar educational needs. These needs are determined by an unformulated formula employing "objective testing," …


The War In Southeast Asia: A Legal Position Paper, Gordon G. Young Jun 1970

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.


Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn Jun 1970

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski Apr 1970

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Investment Banker And The Credit Regulations, Roberta S. Karmel Mar 1970

The Investment Banker And The Credit Regulations, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


More About Oysters Than You Wanted To Know, Garrett Power Mar 1970

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.


Evans V. Abney: Reverting To Segregation, David S. Bogen Jan 1970

Evans V. Abney: Reverting To Segregation, David S. Bogen

Faculty Scholarship

No abstract provided.


Human Rights In The United States: Two Decades' Development, David S. Bogen Jan 1970

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.


The Shea Act, Robert J. Condlin Jan 1970

The Shea Act, Robert J. Condlin

Faculty Scholarship

No abstract provided.


Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr. Jan 1970

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

Faculty Scholarship

No abstract provided.


Securing Courtroom Decorum, Geoffrey C. Hazard Jr. Jan 1970

Securing Courtroom Decorum, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.


Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson Jan 1970

Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson Jan 1970

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

Faculty Scholarship

No abstract provided.