Digital Commons Network^™

The Law Schools And The Negro, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …

Criminal Justice 1968: Developments And Directions, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Operation Of Joint Wills In Texas, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.

Duke Law School, 1868-1968: A Sketch, W. Bryan Bolich

Faculty Scholarship

This paper constitutes the somewhat revised text of an address by the author at the Law Alumni Association Annual Luncheon Meeting and Duke Law School Centennial Observance, April 20, 1968.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Warren Court And Criminal Procedure, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Comparison Of Isobar Production In Pp And P̅N Interactions At 2.8 Gev/C, William J. Fickinger

Faculty Scholarship

The reactions pp→N*++(1238)n and p̅ n→N̅ *--(1238)p at 2.8 GeV/c incident laboratory momentum are analyzed with the Brookhaven National Laboratory 20-in. bubble chamber. Isobar and anti-isobar production differential cross sections and decay angular distributions are compared with the predictions of an absorptive single-pion-exchange model. The absolute values, shapes, and ratios of the cross sections are in good agreement with the theory when the absorptive parameters γ1 and γ2 are 0.033 and 0.016 for the p̅ n reaction, and 0.057 and 0.019, respectively, for the pp reaction.

Single And Multiple Pion Production In Π⁺N And Π‾P Interactions At 1.7 Gev/C, William J. Fickinger, D. K. Robinson

Faculty Scholarship

Meson production in π-p and π+n interactions at 1.7 GeV/c has been studied in two bubble-chamber exposures. Combined results are presented with emphasis on single-pion production (4300 events) which is dominated by the formation of the ρ0 meson in peripheral interactions, and on double-pion production (1100 events) which shows strong formation of the ω meson. These data are compared with the predictions of particle-exchange models, including absorption, and the effects of competing channels are discussed. Evidence for a two-pion decay mode of the ω is examined quantitatively. Processes with higher meson multiplicities are described.

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 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.

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 …

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 …

Future Interests, Bertel M. Sparks

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. …

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

Faculty Scholarship

No abstract provided.

Legal Professions Of Italy, Joseph Perillo

Faculty Scholarship

No abstract provided.

Dipion Resonant Systems Produced In 4.5 Gev/C Π⁺D Interactions : Saclay-Orsay-Bologna Collaboration, William J. Fickinger

Faculty Scholarship

This paper presents an analysis of the features observed in the neutral mass spectrum of events of this type: π+d - pp neutrals

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

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.