Digital Commons Network^™

Vice Presidential Succession: In Support Of The Bayh-Celler Plan , John D. Feerick

Faculty Scholarship

In the April, 1965, issue of the South Carolina Law Review there appeared an article by Professor George D. Haimbaugh, Jr., entitled "Vice Presidential Succession: A Criticism of the Bayh-Cellar [sic] Plan."' Professor Haimbaugh sought to demonstrate what he claimed was the "unreality" of certain arguments advanced in favor of the vice presidential succession feature of the proposed twenty-fifth amendment to the Constitution. The arguments to which he addressed himself were "that this constitutional change is urgently needed, that the presidential initiative is necessary to insure continuity of executive policy, and that the requirements of congressional ratification will secure a …

Developments In Contract Liability Of Trusts And Trustees, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Legal Professions Of Italy, Joseph Perillo

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 …

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 …

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 …

Future Interests, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

The Close Corporation And The Colorado Lawyer, F. Hodge O'Neal, Lanty L. Smith

Faculty Scholarship

http://www.heinonline.org/HOL/Page?handle=hein.journals/ucollr39&div=24&collection=journals

Symposium: Student Rights And Campus Rules, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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.'

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. …

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.

Errico V. Immigration And Naturalization Serv., J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

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.

Article 9: Secured Transactions (Comment) Of Uniform Commercial Code Annotations, Robert J. Desiderio, Samuel L. Black, Alan S. Goldberg, Richard G. Kotarba

Faculty Scholarship

Review of SCHLEIMER V. ARROWHEAD GARAGE, INC. 260 N.Y.S.2d 271 (Civ. Ct. 1965)

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Administrative Law-Internal Revenue Code-Proof Required To Open A "Closed Year," United States V. Powell, Robert J. Desiderio

Faculty Scholarship

No abstract provided.

Secured Transactions-After Acquired Property Clause-Priority To "Equipment Under The Uniform Commercial Code," United States V. Baptist Golden Age Home, Robert J. Desiderio

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 …

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

Faculty Scholarship

No abstract provided.

The Regional Approach To Planning, Michael W. Martin

Faculty Scholarship

No abstract provided.

Civil Procedure: The Tempest Brews, Brainerd Currie

Faculty Scholarship

No abstract provided.

Unification Of The Civil And Admiralty Rules: Why And How, 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.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Book Review, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Impact Of The Uniform Commercial Code On Products Liability Law, Frederick M. Hart

Faculty Scholarship

A recent article warns that the adoption of the Uniform Commercial Code "has altered many of the traditional notions of products liability, as it had been delineated under the Uniform Sales Act," 10 PRAC. LAW. 49 (1964). Such undue alarmism is apparently designed to inflate the value of those who have a little bit of Code information by scaring the harried and hurried lawyer who has not yet found the time to study this legislation in depth. The statement is simply not true. It is doubtful whether any provision in the warranty sections of the Code does not find substantial …