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1982

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Institution
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Articles 1 - 30 of 2722

Full-Text Articles in Law

The Rights Of Aliens In The 1980s, Juan Ernesto Mendez Dec 1982

The Rights Of Aliens In The 1980s, Juan Ernesto Mendez

Antioch Law Journal

The United States has always been on the receiving end of the immigration stream. Today's immigration flow however, is markedly different from that of the 19th and early 20th centuries. Immigrants continue to come from a large variety of countries and ethnic origins, but a majority of them tend to be both poor and non-white. The flow of immigration has steadily increased since the early 1970's as international travel and communications have become more developed. Another element adding to the number of recent arrivals is the refugee crisis around the world. In some instances, the United States has perpetuated this …

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Poverty Law In The 1980s, Marian Wright Edelman Dec 1982

Poverty Law In The 1980s, Marian Wright Edelman

Antioch Law Journal

It is self-interest and not justice that propels most people to act. If we intend to help the poor we will need to build coalitions with a range of others in society. When I came out of Mississippi, I thought that people were good if they were for everything I was for, and they were bad if they were not. I learned through the course of trying to protect Head Start that one could bring a whole range of groups together who had a self-interest in child care who would not speak to each other on welfare reform. Our work …

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Civil Liberties In The 1980s. Remarks Of Norman Dorsen, Norman Dorsen Dec 1982

Civil Liberties In The 1980s. Remarks Of Norman Dorsen, Norman Dorsen

Antioch Law Journal

I have been asked to present an overview of the incursions on civil liberty that we may expect in the 1980s and how we may combat them. It is always risky to predict the future, especially in a field as volatile as this. Nevertheless, at least one thing is clear. Civil liberties during the coming decade will be subject to great pressures. This is true whether the government remains conservative, such as the present Reagan Administration, or changes after the 1984 or 1988 elections. The reason for my confidence in this assertion is that governments, whatever their political complexion, seek …

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Civil Rights In The 1980s, Nathaniel R. Jones Dec 1982

Civil Rights In The 1980s, Nathaniel R. Jones

Antioch Law Journal

have been asked for my views on the civil rights agenda for the 1980s. Such an agenda cannot be proposed in a vacuum, for the roots of current civil rights problems extend deep into the nation's history. In fact, public acceptance of civil rights remedies has been impeded precisely because their historical predicates are so little understood. While the civil rights thrust has broadened to include gender, ethnic, and age considerations, the basic problems in shaping remedies continue to center around race and the nation's treatment of racial groups. This fact confounds those who had come to believe that problems …

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Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon Dec 1982

Reproductive And Sexual Freedom In The 1980s, Rhonda Copelon

Antioch Law Journal

The inclusion of issues of reproductive and sexual freedom in this symposium is itself a sign of great progress. The civil liberties agenda which, until the last decade, was largely focused on first amendment issues, has grown substantially. This is because the movements of the last several decades-civil rights, black power, feminist, anti-war, Native American, lesbian and gay, anti-nuclear, and others-have broadened our understanding of the meaning of repression. In 1960, for example, there was only a hardy band of progressive civil libertarians working on the idea that a woman's right to contraception and abortion is fundamental to her liberty.' …

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First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner Dec 1982

First National Maintenance V. Nlrb: Limiting The Mandatory Duty To Bargain, Augusta Scribner

Antioch Law Journal

In First National Maintenance Corp. v. NLRB I the United States Supreme Court further limited the subjects that require mandatory collective bargaining. 2 The Court overruled a long-standing National Labor Relations Board policy that required an employer to bargain about the decision to partially close its business. 3 The Court formulated a new balancing test that weighs the employer's need to maintain the freedom to manage its business against the benefit to labor-management relations and the collective bargaining process.

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Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway Dec 1982

Torture As A Violation Of International Law Providing Federal Jurisdiction: Filartiga V. Pena Irala And The Alien Tort Statute, Neil J. Conway

Antioch Law Journal

In Filartiga v. Pefia-IralaI the United States Court of Appeals for the Second Circuit upheld the subject matter jurisdiction of the federal courts over an action between foreign nationals for the wrongful death by torture of a seventeen year old boy in Paraguay. Reversing the United States District Court for the Eastern District of New York, the Second Circuit held that deliberate torture committed by a foreign police official violates international law, and that an action may therefore be brought in district court under 28 U.S.C. § 1350 (The Alien Tort Statute).2 The Alien Tort Statute, rarely invoked since its …

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Equal Access To Justice Act, Sidney B. Jacoby Dec 1982

Equal Access To Justice Act, Sidney B. Jacoby

Antioch Law Journal

The new statute entitled the Equal Access to Justice Act 1 (hereinafter Act) is of great importance because it provides, on a three year experimental basis, for the award of possibly large attorneys' fees and other expenses to private parties of modest means in successful civil actions against the government, its agencies or officials. The Act, however, is specifically not applicable in tort actions. 2 The new Act entitles certain private parties prevailing in government litigation to recover attorneys' fees, expert witness fees, and other expenses against the United States, unless the government action was "substantially justified" or "special circumstances …

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A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer Dec 1982

A Guide For Occupational Safety And Health For Legal Services And Community Law Offices, Carol Oppenheimer

Antioch Law Journal

The Occupational Safety and Health Act (OSH Act), passed in 1970, is intended to provide "every working man and woman in the Nation safe and healthful working conditions."' The Occupational Safety and Health Administration (OSHA) enforces the Act; 2 the National Institute for Occupational Safety and Health (NIOSH) does research on workplace hazards and recommends practices and standards for industry. 3 By contrast with the state workers compensation schemes, the underlying purpose of the OSH Act is to prevent occupationally related injuries, disease and death, rather than to compensate the worker once the harm has occurred. The OSH Act, if …

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Securities And Exchange Commission's Administrative, Enforcement, And Legislative Programs And Policies--Their Influence On Corporate Internal Affairs, Marc I. Steinberg Dec 1982

Securities And Exchange Commission's Administrative, Enforcement, And Legislative Programs And Policies--Their Influence On Corporate Internal Affairs, Marc I. Steinberg

Notre Dame Law Review

No abstract provided.

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Rico Civil Fraud Action In Context: Reflections On Bennett V. Berg, G. Robert Blakey Dec 1982

Rico Civil Fraud Action In Context: Reflections On Bennett V. Berg, G. Robert Blakey

Notre Dame Law Review

No abstract provided.

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Delaware's Appraisal Statute: The Courts' Artificial Ceiling On Asset Valuation Weighting, Mark G. Weston Dec 1982

Delaware's Appraisal Statute: The Courts' Artificial Ceiling On Asset Valuation Weighting, Mark G. Weston

Notre Dame Law Review

No abstract provided.

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Freedom Of Information Act And The Central Intelligence Agency's Paper Chase: A Need For Congressional Action To Maintain Essential Secrecy For Intelligence Files While Preserving The Public's Right To Know, Patrick E. Cole Dec 1982

Freedom Of Information Act And The Central Intelligence Agency's Paper Chase: A Need For Congressional Action To Maintain Essential Secrecy For Intelligence Files While Preserving The Public's Right To Know, Patrick E. Cole

Notre Dame Law Review

No abstract provided.

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Recent Decisions, Notre Dame Law Review Editors Dec 1982

Recent Decisions, Notre Dame Law Review Editors

Notre Dame Law Review

No abstract provided.

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Table Of Contents Issue 1, Chicago-Kent Law Review Dec 1982

Table Of Contents Issue 1, Chicago-Kent Law Review

Chicago-Kent Law Review

No abstract provided.

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Deliquency And Due Process: A Review Of Illinois Law, Charles F. Scott Dec 1982

Deliquency And Due Process: A Review Of Illinois Law, Charles F. Scott

Chicago-Kent Law Review

No abstract provided.

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Potter Stewart: An Analysis Of His Views On The Press As Fourth Estate , Rowena Scott Comegys Dec 1982

Potter Stewart: An Analysis Of His Views On The Press As Fourth Estate , Rowena Scott Comegys

Chicago-Kent Law Review

No abstract provided.

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Journal Staff Dec 1982

Journal Staff

Duke Law Journal

No abstract provided.

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Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English Dec 1982

Significant Developments In The Immigration Laws Of The United States 1981-1982, Dearing D. Miller, Donald A. English

San Diego Law Review

This Synopsis outlines the significant developments in immigration law from October 1981 to July 1982. The synopsis highlights several recent Supreme Court decisions, as well as decisions in the lowers courts, with respect to immigration issues, and also highlights recent Congressional legislation in the area.

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The Jury's Historic Domain In Complex Cases, Roger W. Kirst Dec 1982

The Jury's Historic Domain In Complex Cases, Roger W. Kirst

Washington Law Review

Part I of this article will review the major developments in the complexity debate. Part II will discuss the development and modem employment of the judge-jury historical test. Part III will examine how the judge-jury historical test accommodates both judicial control of the jury and a political role for the jury. Part IV will discuss how application of the judge-jury historical test will permit judges to use new or expanded powers, such as direct judicial factfinding on some issues in complex cases. Part V will compare the judge-jury historical test with other approaches to the complexity problem.

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Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair Dec 1982

Jurisdiction, Standing, And Decisional Standards In Parent-Nonparent Custody Disputes—In Re Marriage Of Allen, 28 Wn. App. 637, 626 P.2d 16 (1981), Sandra R. Blair

Washington Law Review

This Note contends that, based on the custody statute and relevant case law, the court of appeals should have answered these questions differently. The Note first proposes that, in a dissolution action, the trial court should have automatic jurisdiction only over the children born of that marriage. The court should have jurisdiction over other children only if they are not in the custody of either of their parents or if neither parent is a suitable custodian. Second, it proposes that a stepparent should not automatically have standing to seek custody of a child based on an in loco parentis relationship. …

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Remarks Of The Attorney General On Law Day, William F. Smith Dec 1982

Remarks Of The Attorney General On Law Day, William F. Smith

South Carolina Law Review

No abstract provided.

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The Exclusionary Rule: Nine Authors In Search Of A Principle, Joseph R. Weisberger Dec 1982

The Exclusionary Rule: Nine Authors In Search Of A Principle, Joseph R. Weisberger

South Carolina Law Review

No abstract provided.

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Labor Union Violence As An Unfair Labor Practice, Thomas R. Haggard Dec 1982

Labor Union Violence As An Unfair Labor Practice, Thomas R. Haggard

South Carolina Law Review

No abstract provided.

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Victim Testimony In Sex Crime Prosecutions: An Analysis Of The Rape Shield Provision And The Use Of Deposition Testimony Under The Criminal Sexual Conduct Statute, Russell D. Ghent Dec 1982

Victim Testimony In Sex Crime Prosecutions: An Analysis Of The Rape Shield Provision And The Use Of Deposition Testimony Under The Criminal Sexual Conduct Statute, Russell D. Ghent

South Carolina Law Review

No abstract provided.

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Legislative Oversight And The South Carolina Experience, Ronald A. Herring Dec 1982

Legislative Oversight And The South Carolina Experience, Ronald A. Herring

South Carolina Law Review

No abstract provided.

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A "Meaningful" Basis For The Death Penalty: The Practice, Constitutionality, And Justice Of Capital Punishment In South Carolina, F. P. Hubbard, Benton G. Burry, Robert L. Widener Dec 1982

A "Meaningful" Basis For The Death Penalty: The Practice, Constitutionality, And Justice Of Capital Punishment In South Carolina, F. P. Hubbard, Benton G. Burry, Robert L. Widener

South Carolina Law Review

No abstract provided.

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Civil Discovery In Oklahoma Revisited Under The New Code, Michael Minnis Dec 1982

Civil Discovery In Oklahoma Revisited Under The New Code, Michael Minnis

Tulsa Law Review

No abstract provided.

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Mining The Deep Seabed: Domestic Regulation, International Law, And Unclos Ooo, Jeffrey D. Wilson Dec 1982

Mining The Deep Seabed: Domestic Regulation, International Law, And Unclos Ooo, Jeffrey D. Wilson

Tulsa Law Review

No abstract provided.

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The Aftermath Of Penn Square Bank: Protecting Loan Participants From Setoffs, Kevin B. Fisher, Elizabeth R. Muratet Dec 1982

The Aftermath Of Penn Square Bank: Protecting Loan Participants From Setoffs, Kevin B. Fisher, Elizabeth R. Muratet

Tulsa Law Review

No abstract provided.

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