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Articles 8521 - 8550 of 8709
Full-Text Articles in Law
Dakota Civil Code: More Notes For An Uncelebrated Centennial, William B. Fisch
Dakota Civil Code: More Notes For An Uncelebrated Centennial, William B. Fisch
Faculty Publications
In an earlier article in this journal, I sketched and discussed the Dakota Civil Code as originally drafted for New York by David Dudley Field, the historical and conceptual background into which the work was cast, and some of the departures made in the Code from what appear to have been then generally accepted common law classifications, terminology and substantive rules. In this sequel I propose to consider the history of the Code after its completion in 1865 by Field's commission, concentrating on three jurisdictions: New York, where it was rejected after twenty-five years of wearying debate, amendment, parliamentary maneuver, …
The Role Of Defense Counsel In Soviet Criminal Proceedings, Jean C. Love
The Role Of Defense Counsel In Soviet Criminal Proceedings, Jean C. Love
Faculty Publications
No abstract provided.
Torts (1968), George J. Alexander
Mental Illness As An Excuse For Civil Wrongs, George J. Alexander, Thomas S. Szasz
Mental Illness As An Excuse For Civil Wrongs, George J. Alexander, Thomas S. Szasz
Faculty Publications
No abstract provided.
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne
Faculty Publications
The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …
The Student As University Resident, William W. Van Alstyne
The Student As University Resident, William W. Van Alstyne
Faculty Publications
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.
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne
Faculty Publications
This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Given such, this examination discusses the growing sphere of student rights.
Regulating The Economy In The Courts: Antitrust Today, George J. Alexander
Regulating The Economy In The Courts: Antitrust Today, George J. Alexander
Faculty Publications
No abstract provided.
Investment Securities, Thomas H. Jolls
John Marshall's Preparation For The Bar -- Some Observations On His Law Notes, William F. Swindler
John Marshall's Preparation For The Bar -- Some Observations On His Law Notes, William F. Swindler
Faculty Publications
No abstract provided.
Competition In Legal Services Under The War On Poverty, Eric Wright
Competition In Legal Services Under The War On Poverty, Eric Wright
Faculty Publications
The creation of the legal services programs of the war on poverty has focused attention on the deficiencies in the legal treatment of the poor. Despite general agreement that the poor need legal services, however, there has been a continuous debate over the control of the legal programs and the proper role of the poor in administering them. Behind the dispute over control is a difference of opinion about the goals of the legal services programs. Because these programs were established to help fulfill the policy of the Economic Opportunity Act of I964 "to eliminate the paradox of poverty in …
Dri Reports... Court Congestion, Part I, James D. Ghiardi
Dri Reports... Court Congestion, Part I, James D. Ghiardi
Faculty Publications
No abstract provided.
Australian And American Water Allocation Systems Compared, Peter N. Davis
Australian And American Water Allocation Systems Compared, Peter N. Davis
Faculty Publications
Amid general plenty, local and regional shortages of water have appeared in the eastern United States.1 These shortages are largely the result of intense concentrations of water demand on the more important rivers-rivers which, for the most part, are heavily polluted This problem is heightened by the fact that the location of major population and industrial centers has only partially depended on availability of water supplies. In many areas, local surface and ground water supplies are inadequate and water must be imported to make up the deficit." Moreover, demands on water supplies for supplementary irrigation, for hydro-electric power, and for …
Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman
Conflict Of Spousal Immunity Laws: The Legislature Takes A Hand, Dale A. Whitman
Faculty Publications
During the 1967 session of the North Carolina General Assembly, the legislators made a novel excursion into the realm of conflict of laws, modifying the state's traditional rule of lex loci delicti as it applies to spousal immunity. The purpose of this comment is to explore the legal background and examine the possible effects of the new statute, and to consider its implications for existing choice-of- law doctrine. At common law, neither spouse could bring an action against the other for negligently inflicted injury. Such a rule leads to a good deal of manifest injustice, and it has been abandoned …
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part One: On Candor And The Court, Or, Why Bamboozle The Natives?, Alan Scheflin, Arthur Selwyn Miller
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part One: On Candor And The Court, Or, Why Bamboozle The Natives?, Alan Scheflin, Arthur Selwyn Miller
Faculty Publications
No abstract provided.
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part Two: On The Need For Adaptation To Changing Reality, Alan Scheflin, Arthur Selwyn Miller
The Power Of The Supreme Court In The Age Of The Positive State: A Preliminary Excursus Part Two: On The Need For Adaptation To Changing Reality, Alan Scheflin, Arthur Selwyn Miller
Faculty Publications
No abstract provided.
Cases On Contracts, Alan Scheflin
Contracts And Sales, Joseph Curtis
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Work Product Exception To Discovery - The New York Experience, Glenn E. Coven
Faculty Publications
No abstract provided.
America's First Law Schools: Significance Or Chauvinism?, William F. Swindler
America's First Law Schools: Significance Or Chauvinism?, William F. Swindler
Faculty Publications
No abstract provided.
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
The First Amendment And The Suppression Of Warmongering Propaganda In The United States: Comments And Footnotes, William W. Van Alstyne
Faculty Publications
In an attempt to determine how the First Amendment may protect speakers’ rights to make inflammatory statements calling for violence against a sovereign, this article breaks down this larger question into three categories based on the speaker: the government, foreigners abroad, or American citizens.
Toward A Restatement Of Professional Ethics, William F. Swindler
Toward A Restatement Of Professional Ethics, William F. Swindler
Faculty Publications
The attitude of the courts and the practitioners is in a state of change, recognizing instances where group-practice is necessary and proper. Professor Swindler asserts that the Canons of Ethics must be revised to indicate the acceptance by the legal profession of such group-practice, particularly if the indigent and low-income client is to be served properly. Suggested revisions to the applicable Canons reflect the author's opinion.
Legal Aid Program For North Dakota, William B. Fisch
Legal Aid Program For North Dakota, William B. Fisch
Faculty Publications
Since the summer of 1965, the State Bar Association of North Dakota, through a special subcommittee on Legal Aid and Defense of Indigents and its standing committee on the same subject,1 has been investigating the need for legal aid in North Dakota, possible sources for funds to finance legal aid programs in the state, and possible forms which a program might take to meet the need. As a result of these investigations, a proposal has been prepared by the committee for submission to the Legal Services Program of the Office of Economic Opportunity (headed by Mr. Bamberger), for federal funds …
Witness' Modesty Versus Criminal Defendant's Constitutional Rights: An Accomodation, Eric Wright
Witness' Modesty Versus Criminal Defendant's Constitutional Rights: An Accomodation, Eric Wright
Faculty Publications
No abstract provided.
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. § 2255, Gerald F. Uelmen
Post-Conviction Relief For Federal Prisoners: A Survey And A Suggestion Under 28 U.S.C. § 2255, Gerald F. Uelmen
Faculty Publications
No abstract provided.
Family Law (1966), George J. Alexander
Honesty And Competition: Some Competitive Virtues In The False Naming Of Goods, George J. Alexander
Honesty And Competition: Some Competitive Virtues In The False Naming Of Goods, George J. Alexander
Faculty Publications
No abstract provided.
Article Three: Commercial Paper, E. Mcgruder Faris Jr.
Article Three: Commercial Paper, E. Mcgruder Faris Jr.
Faculty Publications
No abstract provided.
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Civil Code: Notes For An Uncelebrated Centennial, William B. Fisch
Faculty Publications
This is the first installment of a projected study of the Dakota Civil Code. While this portion deals with the historical background of the Code and its content as drafted for New York by David Dudley Field, a subsequent article will deal with its fate in the hands of the bar, the legislature and the courts in New York, California, and especially the Dakotas.
Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne
Mr. Justice Black, Constitutional Review, And The Talisman Of State Action, William W. Van Alstyne
Faculty Publications
In an endorsement of Justice Black’s dissent in Bell v. Maryland, this work argues in favors of Black’s interpretation of the state action requirement and attempts to make sense of Black’s understanding in other cases where he found state action in similar private circumstances.