Law Commons^™

Pornography As A Species Of Second-Order Sexual Behaviour. A Submission For Law Reform, R. A. Samek

Dalhousie Law Journal

The immediate subject-matter of law reform is law, and the immediate reason for reforming the law is dissatisfaction with the law as it is; but the ultimate subject-matter of law reform is the human behaviour contained in a social practice, and the ultimate reason for reforming the law is dissatisfaction with such behaviour. The immediate task of the law reformer is to bring about a change in the legal rules; but his ultimate task is to bring about a change in human behaviour. Hence, law reform ultimately presupposes a set of evaluative standards according to which human behaviour can be …

Comparative Criminal Law Within The Soviet Union: A Review, William E. Butler

Dalhousie Law Journal

The application of the comparative method to the study of two or more legal systems has led a jaded existence in the Soviet Union, for a variety of reasons. As a technique of inquiry, it has been acceptable only insofar as its utilization conforms to the general methodology of dialectical and historical materialism: "It is wrong to think," a Soviet jurist has argued, "that research procedures make up a series of instruments that, from an ideological and political point of view, are neutral."' Marxist jurists consequently have no sympathy for the view that ''comparison" is some type of "objective" or …

Recent Cases, Vanderbilt Law Review Staff

Vanderbilt Law Review

Civil Rights--Private Education-Racially Discriminatory Admissions Policies Violate Right to Contract Provision of 42 U.S.C. § 1981

Plaintiffs, ' blacks who had been denied admission solely on the basis of their race to two all-white private schools that received no state aid,' sought damages and injunctive relief in federal district court contending that these rejections violated section 1981 of 42 U.S.C. by denying them the same right to contract as enjoyed by white citizens.

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Copyright--Telecommunications--CATV Importation of Distant Television Signals Constitutes Infringement Under Sections One (c) & (d) of the Copyright Act

Plaintiffs,' creators and producers of television programs,brought a …

Sentencing: The Probation Officer, James Lowenthal

IUSTITIA

Sentencing offenders of the criminal law is a widely diverse and complex problem. Few guidelines are available for those upon whom the task has been thrust. Depending upon the jurisdiction, various parties are responsible for sentence determination: juries, administrative agencies, legislatures, and judges. Most jurisdictions, however, require the judge to make the final determination.' To aid in this determination, many jurisdictions, including federal district courts, require or permit judges to consider a presentence investigation report prepared by a professional probation officer. The use of these reports and recommendations are generally limited to felony cases or to specific crimes where probation …

Smith V. Goguen, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Fuller V. Oregon, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Saxbe V. Washington Post, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Pell V. Procunier, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Michigan V. Tucker, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Financial Screening In Criminal Cases—Impractical And Irrelevant, William H. Fortune

Law Faculty Scholarly Articles

In 1970 Chief Justice Burger, commenting on the work of the ABA Advisory Committee, compared the criminal justice system to a three-legged stool, one leg the judge, the second leg the prosecution, and the third leg the defense lawyer: "We concluded very quickly that that third leg in this context was as essential as the third leg of a stool. We have not quite said it ought to be jurisdictional that you have three parts to this enterprise but we have come very, very close to it." It is time to admit the overriding social need for attorney representation and …

Regional Commissions To Monitor Confinement Institutions: A Proposal, Arthur R. Landever

Law Faculty Articles and Essays

O N ANY GIVEN DAY, THERE ARE MORE THAN one million persons involuntarily confined within government institutions.1 Those in custody whether committed to mental institutions, jails, juvenile facilities, or prisons, are the invisible Americans. Until recently, most of us on the outside were not particularly concerned about their lot. To the extent that we knew of their existence, we were relieved that they were out of our immediate neighborhoods and that we were "protected" from them. Increasingly, however, newspaper headlines or television screens have begun to show glimpses of these inmates as they riot; widespread abuses are exposed, and authorities …

A Model Of Criminal Dispositions: An Alternative To Official Discretion In Sentencing, Larry I. Palmer

Faculty Publications

Professor Palmer proposes a new model of criminal dispositions which would replace official discretion at sentencing with judicially created standards for sentencing officials. In Part I he outlines the role of the appellate judiciary in developing an interest analysis to enunciate standards to guide criminal dispositions. In Parts Il and III he examines the roles of administrative agencies and legislatures in perfecting the dispositional process under standards initially ariculated by the judiciary. Professor Palmer emphasizes the concept of individual liberty as a central value of society and shows how a new system of criminal dispositions can enhance that value as …

Recent Cases, Law Review Staff

Vanderbilt Law Review

Criminal Law-Confessions-- Government Can Satisfy Its Burden of Proving Waiver of Miranda Rights By Showing Warnings Given, Signed Waiver, and Proof of Defendant's Capacity to Understand the Warnings

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Criminal Procedure--Grand Jury-Attorney Work Product Consisting of Written Summaries and Personal Recollections of Interviews Is Privileged Against Disclosure at Federal Grand Jury Investigations

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Public Employees --Freedom of Association-Discharge of Non-policy-making Public Employees on Ground of Political Affiliation Infringes Employees' Freedom of Association

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Torts--Wrongful Death-Common--Law Cause of Action for Wrongful Death Exists Under Massachusetts Law

A Comparative Description Of The New York And California Criminal Justice Systems: Arrest Through Arraignment, Floyd F. Feeney, James R. Woods

Vanderbilt Law Review

The purpose of this article is to outline by comparative description the arrest and related court processes for handling criminal defendants in New York City and Oakland, California. Hopefully the description will shed light on problem areas shared by both systems and will suggest ways of alleviating these problems. This article discusses the period from arrest through the first judicial appearance in each system. A later study, not yet completed, will detail the sequence between the first judicial appearance and the beginning of trial. For the purposes of convenience and because the term is widely used both in California and …

Corrections Law—Right To Counsel At Preliminary Parole Revocation Hearings In New York State To Be Determined By The Parole Board On Case-By-Case Basis., Peggy Rabkin

Buffalo Law Review

People ex rel. Galloway v. Skinner, 33 N.Y.2d 23, 300 N.E.2d 716, 347 N.Y.S.2d 178 (1973).

Criminal Law—New York Adopts The Inevitable Discovery Exception—Upholds The Validity Of Warrantless Arrests And Searches—Strikes Down Death Penalty Statute., John M. Mendenhall

Buffalo Law Review

People v. Fitzpatrick, 32 N.Y.2d 499, 300 N.E.2d 139, 346 N.Y.S.2d 793, state's petition for cert. denied, 414, U.S. 1033, 42 U.S.L.W. 3291 (U.S. Nov. 12, 1973) (No. 73-442), defendant's petition for cert. denied, 414 U.S. 1050, - U.S.L.W. - (U.S. Nov. 21, 1973) (No. 73-5370).

Criminal Law—Subdivision Of New York Loitering Statute Held Unconstitutionally Vague—The Effect Of Considerations Which Are Collateral To The "Vagueness" Problem., Kenneth Bersani

Buffalo Law Review

People v. Berck, 32 N.Y.2d 567, 300 N.E.2d 411, 347 N.Y.S.2d 33 (1973).

Le Rôle Le Du Droit Comparé Et Les Transformations Du Droit Criminelmoderne, Marc Ancel

Dalhousie Law Journal

Tous les comparatistes et, plus généralement encore, tous les juristes soucieux de la cooperation juridique internationale serjouiront de voir paraitre au Canada une nouvelle revue consacre aux problmes du droit et des sciences sociales annexes. Le Canada n'est-il pas le lieu de rencontre privilgi6 de deux cultures juridiques et des deux grands systmes traditionnels qui se sont partagés le monde, le systéme "romaniste" et celui de common law? Cette creation méme nous invite A réflchir davantage sur l'approche comparative des systémes - et des problmes - en presence. I1 est superflu de rappeler que jamais le droit comparé ou, si …

Reform Of The Law Of Evidence In Criminal Cases, J. A. Coutts

Dalhousie Law Journal

Events surrounding the recent proposals for the reform of the English law of evidence in criminal cases may be thought to afford a cautionary tale, indicating the wrong way to engage in public debate upon such matters. In 1964, the Home Secretary asked the Criminal Law Revision Committee to review the law of evidence in criminal cases. Before its Report1 was published (some eight years later), and, indeed, before the Home Secretary had himself received it, there occurred a flood of critical comment in the Press and on radio and television, and questions in Parliament, on what were thought (not …

Controlling Crime In California: Report Of The Governor's Select Committee On Law Enforcement Problems, Office Of The Governor

California Agencies

The findings and recommendations of this Select Committee on Law Enforcement Problems are herewith submitted for your information and appropriate implementation. Many of the recommendations require legislation. During the committee's review, its members worked with several legislators to initiate action on items contained in the report, and several measures are ready for legislative action. Other recommrndations can be achieved by administrative steps and will be addressed by the appropriate departments and units of the Executive Branch of state government. Still other improvements must be accomplished by the local agencies involved in the criminal justice system. Therefore, a copy of this …

The Search And Seizure Of Private Papers: Fourth And Fifth Amendment Considerations, Steven H. Shiffrin

Cornell Law Faculty Publications

There is a recognizable factual distinction between the search and seizure of private papers and the search and seizure of non-documentary items. It is difficult, however, to decide when such a distinction should assume constitutional dimensions. Specifically, are there circumstances under which private papers should be immune from search and seizure? In a 1967 landmark case, Warden v. Hayden, the United States Supreme Court raised doubts concerning the continued validity of decades of settled law on this important issue. Warden's reopening of this problem aroused the curiosity of commentators, spurred new policy arguments in the American Law Institute, divided …

Florida's Legislative Response To Furman: An Exercise In Futility?, Charles W. Ehrhardt, Harold Levinson

Scholarly Publications

No abstract provided.

Mandatory Death: State V. Waddell, Joseph Adams

North Carolina Central Law Review

No abstract provided.

The New Prisoner, Martin Sostre

North Carolina Central Law Review

No abstract provided.

Evidence--Presumptions--Application Of The Deadly Weapons Presumption In West Virginia, John P. Carter

West Virginia Law Review

No abstract provided.

03-20-1973 Per Curiam, William H. Rehnquist

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

In this case we are confronted with an issue similar to the one determined today in Salyer Land Company v. Tulare Lake Basin Water Storage District.- U. S. -, Appellee ToltecWatershed Improvement District was established after referendum held pursuant to Wyoming's Watershed Improvement District Act. Wyo. Stat. Ann. §§ 41-354.1 to 41-354.26. After formation, appellee sought a right of entry onto lands owned by appellant Associated Enterprises. Inc., and leased by Johnston Fuel Liners for the purpose of carrying out studies to determine the feasibility of constructing a dam and reservoir. When Associated resisted, the district sought to enforce its …

03-20-1973 Justice Douglas, Dissenting, William O. Douglas

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR. JUSTICE MARSHALL concur, dissenting.

03-01-1973 Justice Douglas, Dissenting, William O. Douglas

Associated Enterprises v. Toltec Watershed Improv. Dist. 410 U.S. 743 (1973)

MR. JUSTICE DOUGLAS, with whom MR. JUSTICE BRENNAN and MR JUSTICE MARSHALL concur, dissenting.

Self-Incrimination And The Use Of Income Tax Returns In Non- Tax Criminal Prosecutions

Washington and Lee Law Review

No abstract provided.

Recent Developments, Law Review Staff

Vanderbilt Law Review

The institution of criminal charges against critical or disfavored legislators by the King of England was the prime factor prompting the long struggle for parliamentary privilege and, in the context of the American system of separation of powers, is the predominant thrust of the speech or debate clause. If the privilege of legislative immunity is to perform its traditional function of permitting legislators to carry out their legislative functions without fear of prosecution or harrassment from the executive and judicial branches, it should be applied broadly to effectuate its intended purpose of preserving the independence of the legislature and public …