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Articles 15631 - 15660 of 15933
Full-Text Articles in Entire DC Network
Res Nova In Res Judicata, Geoffrey C. Hazard Jr.
Res Nova In Res Judicata, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
The Identity Of Legal Systems, Joseph Raz
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. …
Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin
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 …
Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii
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 …
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy
Faculty Scholarship
No abstract provided.
International Order And National Sovereignty - They Can Co-Exist, Arthur Larson
International Order And National Sovereignty - They Can Co-Exist, Arthur Larson
Faculty Scholarship
No abstract provided.
The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski
The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski
Faculty Scholarship
No abstract provided.
A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski
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
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
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
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
Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn
Faculty Scholarship
No abstract provided.
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski
Faculty Scholarship
No abstract provided.
More About Oysters Than You Wanted To Know, Garrett Power
More About Oysters Than You Wanted To Know, Garrett Power
Faculty Scholarship
No abstract provided.
The Investment Banker And The Credit Regulations, Roberta S. Karmel
The Investment Banker And The Credit Regulations, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Evans V. Abney: Reverting To Segregation, David S. Bogen
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
Human Rights In The United States: Two Decades' Development, David S. Bogen
Faculty Scholarship
No abstract provided.
The Shea Act, Robert J. Condlin
Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims
Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims
Faculty Scholarship
When, in the absence of traditional contract formalities, a promise is enforced because the promisee has acted in reliance upon it, both courts and commentators have disagreed over the proper measure of damages. Early in the debate, two positions could be discerned. Advocates of the one favored enforcing the promise according to its terms and awarding the promisee full contractual damages.This measure of recovery has come to be called the expectation interest and is an attempt to put the promisee in the same position as he would have been had the promise been fulfilled. Advocates of the other position would …
The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet
The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet
Faculty Scholarship
No abstract provided.
Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt
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.
Decision Trees, Peter L. Strauss, Michael R. Topping
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 …
Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson
Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
On Lawful Governments, Joseph Raz
On Lawful Governments, Joseph Raz
Faculty Scholarship
What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …
Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent
Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent
Faculty Scholarship
No abstract provided.
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski
Faculty Scholarship
No abstract provided.
Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr.
Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Securing Courtroom Decorum, Geoffrey C. Hazard Jr.
Securing Courtroom Decorum, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher
Faculty Scholarship
The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.
First Amendment "Due Process", Henry Paul Monaghan
First Amendment "Due Process", Henry Paul Monaghan
Faculty Scholarship
A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …