Digital Commons Network^™

The Public Responsibility Of The Historian, James Hood

Faculty Scholarship

Transcript of a faculty lecture, The Public Responsibility of the Historian.

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.

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.

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. …

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 …

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.

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

Faculty Scholarship

No abstract provided.

Rationing Justice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Book Review, Ira Michael Heyman, Michael E. Tigar

Faculty Scholarship

No abstract provided.

In Gideon’S Wake: Harsher Penalties And The “Successful” Criminal Appellant, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie

Faculty Scholarship

No abstract provided.

The Duke Law School Legal Internship Project, Robinson O. Everett

Faculty Scholarship

Once a year this department will carry figures on law school registration. In addition it will provide a medium for the description of experiments in curriculum, teaching method, and administration. Like "comments," the typical law school development note will be characterized by brevity and informality; unlike them, it will be descriptive rather than argumentative and will deal primarily with devices which have been tested in actual operation. As a general rule, the authors will gladly answer inquiries and, to the extent available, upon request supply copies of materials referred to.

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 …

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 …

Selected Forum Agreements In Western Europe, Joseph Perillo

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 …

Collateral Estoppel And Foreign Judgments, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Early Evolution Of The Common Law Writs: A Sketch, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Toward A World Law A Reply, William W. Schwarzer

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.

Executive Privilege In The Federal Courts, Paul Hardin Iii

Faculty Scholarship

No abstract provided.

World Peace Through World Law: The Disarmament Problem, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The Constitution And Occupational Licensing In Massachusetts, Henry Paul Monaghan

Faculty Scholarship

Judges have long recognized that the right to earn a living in any of the common occupations is among those fundamental interests which a democratic society should protect. Justice Bradley characterized it as an "inalienable right," and Justice Douglas asserted that it is "the most precious liberty that man possesses." Indeed, Mr. Justice Field viewed protection of this right as one of the distinguishing features of our republican institutions. That the right to earn a living is generally within the protective mantle of the Fourteenth Amendment is now long settled constitutional doctrine. Writing for a unanimous court in 1915, Mr. …

Civil Rights: A New Public Accommodations Law For Ohio, William W. Van Alstyne

Faculty Scholarship

For the first time in the twentieth century, the Ohio Legislature has moved forcefully to protect the right of access to places of public accommodation from racial discrimination.

A Critique Of The Ohio Public Accommodations Law, William W. Van Alstyne

Faculty Scholarship

Since 1884, Ohio has modestly identified itself with the philosophy that enterprises which solicit the general public for private profit necessarily assume some responsibility not to deny arbitrarily the public's right to rely on their services and facilities.

Constructive Trust And Equitable Lien: Status Of The Conscious And The Innocent Wrongdoer In Equity, Henry P. Monaghan

Faculty Scholarship

The field of restitution, broadly considered, involves all those situations in which a person who holds property (or has consumed it) must deliver it (or its value) to the claimant in order to prevent the unjust enrichment of the holder. In this sense the ancient common law writs for the recovery of chattels or their value (detinue, replevin, and trover) and land (ejectment) are perceived to be restitutionary in character. A more modem development in the law courts, the allowance of quasi-contractual relief upon the common counts in general assumpsit, rests upon the same basis. In a leading English case, …

Banking, Commercial Paper And Investment Securities Under The Uniform Commercial Code, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Recipients’ Rights Under An International Investment Code, Arthur Larson

Faculty Scholarship

No abstract provided.

The Self-Judging Clause And Self-Interest, Arthur Larson

Faculty Scholarship

No abstract provided.