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 …

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).

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).

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 …

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

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 …

The New Prisoner, Martin Sostre

North Carolina Central Law Review

No abstract provided.

Mandatory Death: State V. Waddell, Joseph Adams

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.

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 …

Arson Investigations And The Fourth Amendment

Washington and Lee Law Review

No abstract provided.

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

Washington and Lee Law Review

No abstract provided.

The Case For Recognition Of An Absolute Defense Or Mitigation In Crimes Without Victims., John F. Decker

St. Mary's Law Journal

Abstract Forthcoming.

Accused May Be Compelled To Provide Handwriting Exemplars, Voice, Blood, And Urine Samples Without Violating The Constitutional Safeguards Against Self-Incrimination., David Brian Armbrust

St. Mary's Law Journal

Abstract Forthcoming.

A Search Warrant Is Not Required Where There Is Probable Cause To Search A Chattel Consigned To A Carrier., Frank B. Murchison

St. Mary's Law Journal

Abstract Forthcoming.

The Authorization Procedure: Fact Or Fiction., Ronald H. Budman

St. Mary's Law Journal

Abstract Forthcoming.

Rationality And Drugs, P. G. Sherburne

Washington Law Review

A book review essay considering Drugs and the Public, by Norman E. Zinberg and John A. Robertson (1972).

Constitutional Law - Criminal Law - Testimonial Immunity Adopted In Kastigar V. United States To Supplant Prior Federal Immunity Grants, Kathleen J. O'Neill

Loyola University Chicago Law Journal

No abstract provided.

Constitutional Law - Criminal Law - Preindictment Identification Confrontation Held Not To Be Critical Stage Of The Prosecution Where The Accused's Right To Counsel Attaches, Charles A. Ryan

Loyola University Chicago Law Journal

No abstract provided.

1973 Illinois Due Process In Proceedings To Revoke Probation: The Need For Expansion Of Rights, Victor A. Pollak

Loyola University Chicago Law Journal

No abstract provided.

Public Service: Self-Incrimination Vs. The Public's Right To An Accounting , Joel M. Flaum, Jayne A. Carr

Journal of Criminal Law and Criminology

No abstract provided.

Recent Trends In The Criminal Law

Journal of Criminal Law and Criminology

No abstract provided.

Evaluation Research In Crime And Delinquency: A Reappraisal , Charles H. Logan

Journal of Criminal Law and Criminology

No abstract provided.

Rape As A Heinous But Understudied Offense , Norman S. Goldner

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.