Digital Commons Network^™

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.

What Constitutes A Taking Of Property Under International Law?, George C. Christie

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Toward A World Law A Reply, William W. Schwarzer

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

Faculty Scholarship

No abstract provided.

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 …

Contracts (1961), Frederick M. Hart

Faculty Scholarship

§4.1. Introduction. It has often been argued that certainty is desirable, if indeed not necessary, in that branch of the law which adjusts rights in commercial disputes. Entrepreneurs have the responsibility of weighing business risks, but, as far as possible, they should be relieved of the danger that their commercial judgments may be frustrated by some novel legal decision. There is another attractive attribute of certainty which appeals to some students of jurisprudence - it has a tendency to decrease litigation. Where the law clearly defines rights and liabilities, the commercial community can adjust its actions accordingly and disputes may …

Commercial Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Arrangements Which Protect Minority Shareholders Against Squeeze-Outs, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

The Fast-Changing Law Of Military Evidence, Robinson O. Everett

Faculty Scholarship

Many fields of law can today be described as fluid and fast-changing. Military law, however, would seem to hold a paramount title to such a description. For instance, before one's eyes military jurisdiction can appear and then disappear in the same case as fundamental principles are judicially altered. Insofar as matters of evidence are concerned, this fluidity is especially discernable-- as will be obvious from an examination of some opinions rendered by the Court of Military appeals during the past decade.

State Action, William W. Van Alstyne, Kenneth L. Karst

Faculty Scholarship

Not since the Civil War has the demand for racial equality pressed down on the national conscience so heavily as during this past decade.

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.

Indispensable Party: The Historical Origin Of A Procedural Phantom, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Insanity As A Defense: The Bifurcated Trial, Geoffrey C. Hazard Jr., David W. Louisell

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Family Law 1961 Survey Of New York Law: Part Four: Torts And Family Law, Roger J. Goebel, Arthur W. Rashap

Faculty Scholarship

Legislation designed to enable prompt judicial supervision of private adoptions was the most significant advance in domestic relations law this year. The legislature also subjected the contracts and earnings of infants engaged in professional activities to judicial control. Notable Court of Appeals decisions granted an annulment for constructive abandonment through refusal of sexual relations, denied an injunction against divorce proceedings in a foreign nation, and refused to abrogate the old rule against actions in tort by a child against his parent. Probably the most notorious case of the year was the action for debauchery brought by an eighteen-year-old plaintiff against …

Reconstructing The Roman Law Of Real Security , Roger J. Goebel

Faculty Scholarship

The essential idea of real security is that the debtor transfer to the creditor a possessory interest in a specific item or aggregate of property, chattel or realty, to serve as security for the loan. There are four possible generic types: (1) the debtor vests both ownership and possession of the property in the creditor, subject to a personal obligation to reconvey on repayment; (2) the debtor vests ownership in the creditor, but retains possession of the property by leave of the creditor; (3) the debtor retains ownership of the property, but grants possession irrevocably to the creditor until repayment …

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. …

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Testimony By A Judge Or Juror, Frederick M. Hart

Faculty Scholarship

Although the early history of the jurata shows it to have been chosen from among those who were familiar with the controversy and parties before the court, it has long been recognized that the better system attempts to obtain jurors and judges who have no prior knowledge of the dispute to be tried. In furtherance of this policy the voir dire exists to eliminate unwanted jurymen and similar devices have been established to provide for the disqualification of judges. In spite of these protections, the situation still occasionally arises where it is discovered after a trial has begun that the …

Commercial Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

The Law Structure Of Peace, Arthur Larson

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.

Peace Through Law: The Role And Limits Of Adjudication-Some Contemporary Applications, Arthur Larson

Faculty Scholarship

No abstract provided.

The Role Of The Deposition In Military Justice, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Discrimination In State University Housing Programs-Policy And Constitutional Consideration, William W. Van Alstyne

Faculty Scholarship

In nearly all major state universities today, substantial numbers of students are obliged to live off-campus in private apartments or rooming houses.