Digital Commons Network^™

From Seisin To Sit-In: Evolving Property Concepts, Neil S. Hecht

Faculty Scholarship

On June 17, 1960, twelve Negro college students entered a restaurant in Baltimore, Maryland. The manager approached and informed them of the restaurant's policy not to serve Negroes. Disregarding the manager, the young men sat down at tables and waited for service. The manager again asked them to leave, but they remained quietly seated. A police officer was summoned and, in his presence, the manager requested the Negroes to leave. They refused to answer and remained in their places. Thereupon they were arrested and indicted under a Maryland statute which, as interpreted by the Maryland Court of Appeals, made it …

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

Faculty Scholarship

No abstract provided.

Problem Of Presidential Inability - It Must Be Solved Now, The, John D. Feerick

Faculty Scholarship

On August 27, 1787, John Dickinson of Delaware asked the Constitutional Convention these vital questions: "What is the extent of the term 'disability' and who is to be the judge of it?" 'His questions regarding the provision on executive succession were never answered. Today, one hundred and seventy-six years later, they remain unanswered. They have been revived from time to time, usually when a President has died or become disabled. Hundreds of answers have been offered. None has been found acceptable. Although concern about the problem of presidential inability had been aroused by the Eisenhower illnesses in 1955, 1956 and …

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

Faculty Scholarship

No abstract provided.

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 …

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

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; …

Other Answers: Search And Seizure, Coerced Confession And Criminal Trial In Scotland, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

The Small Corporation And The Proposed Arkansas Corporation Code, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Developments In The Regulation Of The Close Corporation, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

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.

In Defense Of Certain Provisions Of The Uniform Commercial Code Relating To Formation Of Sales Contracts: A Partial Reply To Professor Babb, Frederick M. Hart

Faculty Scholarship

During the past two years, the former Portland Law Review and the reestablished Maine Law Review have carried articles by Professor Babb commenting on many provisions of the uniform Commercial Code. The adverse tenor of Professor Babb's comments causes some concern lest his views serve as a source of restrictive interpretation in the event that the Code is enacted in Maine. It is unlikely that an alert and careful court, confronted with a problem requiring construction of a Code provision, would reach its decision by following the rationale of decisions overruled or made obsolete by the Code, or that it …

Contracts (1963), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. None of the contract cases decided during the 1963 Survey year requires extensive comment. This conclusion probably reflects an approval of the manner in which the Supreme .Judicial Court handled the many issues presented by litigants. In reviewing a year's judicial production, it is easier to get excited about a decision that one disapproves. One trend is worthy of note. From the cases discussed in this and other chapters, it is apparent that the Court is becoming more sophisticated in its understanding and use of the Uniform Commercial Code.

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

Faculty Scholarship

No abstract provided.

Section 301 And The Primary Jurisdiction Of The Nlrb, Michael I. Sovern

Faculty Scholarship

Several labor cases recently decided by the Supreme Court have brought into issue a conflict between the NLRB's primary jurisdiction over matters subject to sections 7 and 8 of the NLRA and the doctrine that courts have jurisdiction to enforce collective agreements. Professor Sovern discusses these cases and argues that the Court properly decided that the principle of exclusive NLRB jurisdiction should yield in suits on collective agreements, but he criticizes the Court for not having articulated a satisfactory rationale in support of this result. After an analysis of the doctrine of preemption, he considers five types of labor-contract suits …

The Administration’S Anti-Literacy Test Bill: Wholly Constitutional But Wholly Inadequate, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

American Lawyer Looks At Civil Jury Trial In Scotland, Paul Hardin Iii

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.

Political Speakers At State Universities: Some Constitutional Considerations, William W. Van Alstyne

Faculty Scholarship

Ten years ago, the New York Times, in a survey of political censorship on major university campuses, concluded that: "a subtle, creeping paralysis of freedom of thought and speech is attacking college campuses . . . limiting both students and faculty in the area traditionally reserved for the free exploration of knowledge and truth."

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 …

Peace-Keeping Costs And Charter Obligations - Implications Of The International Court Of Justice Decision On Certain Expenses Of The United Nations, James F. Hogg

Faculty Scholarship

This article analyzes the important legal and political implications of the July 20, 1962 advisory opinion of the International Court of Justice. This opinion dealt with one of the most serious problems facing the United Nations Organization - how to finance and pay for its operations. By a majority of nine to five, the court advised the General Assembly that expenses occasioned by the United Nations operations in the Congo and in the Middle East constituted "expenses to the Organization" within the meaning of Article 17, paragraph 2 of the United Nations Charter. This opinion may prove to be one …

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

Faculty Scholarship

No abstract provided.

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.

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.