Digital Commons Network^™

Georgia’S Urgent Need For A Modern Corporation Statute, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

President's Crime Commission Report, Geoffrey C. Hazard Jr.

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 …

Prolonging Life, George P. Fletcher

Faculty Scholarship

A physician decides not to prolong the life of a terminal patient. What are the legal consequences? Is it murder, akin to a gunman's pulling the trigger? Or is the law more sensitive? Professor Fletcher proposes that a decision to interrupt life-sustaining therapy, such as that to turn off a mechanical respirator, should be classified as an omission, not an act. He arrives at this conclusion by analyzing the common sense usages of "cause" and "permit." If the decision is an omission then the law must focus on the doctor-patient relationship to define legal consequences, allowing customary standards of the …

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

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

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson

Faculty Scholarship

No abstract provided.

Constitutionality Of Subdivision Control Exactions The Quest For A Rationale, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Succession, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Knowledge As A Factor In Determinig Priorities Under The Uniform Commercial Code , Carl Felsenfeld

Faculty Scholarship

Before the Uniform Commercial Code, a second secured party could not perfect his interest over a prior unperfected interest if he had knowledge of that prior interest. The Code, in contrast, promulgates a basic "first-to-file" priority rule in section 9-312(5). In this sharp departure from prior law, the knowledge factor is omitted. Other sections of Article 9, however, allude to certain aspects of the pre-Code knowledge requirements. Mr. Felsenfeld analyses the difficulties and incongruities which may arise from this lack of explicitness with regard to knowledge of prior security interests. He concludes that the courts may and should reconcile such …

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo

Faculty Scholarship

No abstract provided.

The Corporate Principal Place Of Business: A Resolution And Revision, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

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.'

Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.

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.

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.

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 …

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 …

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

Faculty Scholarship

No abstract provided.

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

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

Legal Professions Of Italy, Joseph Perillo

Faculty Scholarship

No abstract provided.

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.