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Articles 21121 - 21150 of 21558

Full-Text Articles in Law

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr. Jan 1972

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.

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The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott Jan 1972

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …

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Part Ii: Procedural Law - Evidence (1972), Frank W. Elliott Dec 1971

Part Ii: Procedural Law - Evidence (1972), Frank W. Elliott

Faculty Scholarship

Although no really significant cases on the law of evidence were decided during the past year, there were several interesting developments dealing with impeachment by prior conviction, presumptions, the names of witnesses, and considerations on motions for summary judgment.

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Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher Oct 1971

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.

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Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski Jul 1971

Common Sense And Conflict Of Laws: A Welcome Change, Aaron Twerski

Faculty Scholarship

No abstract provided.

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The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray Jan 1971

The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray

Faculty Scholarship

No abstract provided.

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Discovery In Agency Adjudication, Edward A. Tomlinson Jan 1971

Discovery In Agency Adjudication, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

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Civilizing University Discipline, Paul D. Carrington Jan 1971

Civilizing University Discipline, Paul D. Carrington

Faculty Scholarship

No abstract provided.

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Part Ii: Procedural Law - Evidence (1971), Frank W. Elliott Jan 1971

Part Ii: Procedural Law - Evidence (1971), Frank W. Elliott

Faculty Scholarship

During the year under review the cases of greatest significance for those who seek to remain abreast of current developments were those dealing with impeachment by prior conviction, presumptions, and hearsay evidence.

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The Right To Privacy And The Freedom To Know: A Comment On Professor Miller’S “The Assault On Privacy”, George C. Christie Jan 1971

The Right To Privacy And The Freedom To Know: A Comment On Professor Miller’S “The Assault On Privacy”, George C. Christie

Faculty Scholarship

No abstract provided.

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International Order And National Sovereignty - They Can Co-Exist, Arthur Larson Jan 1971

International Order And National Sovereignty - They Can Co-Exist, Arthur Larson

Faculty Scholarship

No abstract provided.

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The Identity Of Legal Systems, Joseph Raz Jan 1971

The Identity Of Legal Systems, Joseph Raz

Faculty Scholarship

Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …

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Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel Jan 1971

Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel

Faculty Scholarship

The variable annuity is a novel retirement plan. It was devised to minimize the inadequacies of a fixed-dollar annuity as a retirement device. Inflation and an accelerating standard of living have left persons receiving fixed-dollar annuities with only a fraction of the income required to meet their needs.

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Crime Without Punishment - Ex-Servicemen, Civilian Employees And Dependents, Robinson O. Everett, Laurent R. Hourcle Jan 1971

Crime Without Punishment - Ex-Servicemen, Civilian Employees And Dependents, Robinson O. Everett, Laurent R. Hourcle

Faculty Scholarship

No abstract provided.

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Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii Jan 1971

Of Rights And Remedies: The Constitution As A Sword, Walter E. Dellinger Iii

Faculty Scholarship

In Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the Supreme Court held that a case of action for damages against federal law enforcement offices who violate the fourth amendment could be inferred directly from constitutional provisions. Through analysis of the reasoning which necessarily underlies such a holding, the author draws several general conclusions about the respective roles of the Court and Congres in creating and restricting remedies effectuating constitutional guarantees. He then applies his analysis to the possibilities for independant judicial creation of an action against governmental units and for legislative replacement of the exclusionary …

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Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart Jan 1971

Consumer Protection In The Credit Card Industry: Federal Legislative Controls, John C. Weistart

Faculty Scholarship

No abstract provided.

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Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg Jan 1971

Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg

Faculty Scholarship

In his article, Marginal Cost Pricing, Investment Theory and CATV, James Ohls makes a number of erroneous assertions concerning the optimum pricing of CATV. Most of his problems stem from a failure to properly define the environment in which the optimum price is to be set and the role that an optimum price should play. If one alters Ohls' implicit (and sometimes contradictory) assumptions and if one keeps in mind the purpose prices should serve in an economic system, a number of Ohls' conclusions are altered.

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The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski Jan 1971

The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

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The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy Jan 1971

The Grand Jury As The New Inquisition, Michael E. Tigar, Madeline R. Levy

Faculty Scholarship

No abstract provided.

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Dean William C. Warren, Michael I. Sovern Jan 1971

Dean William C. Warren, Michael I. Sovern

Faculty Scholarship

It would be virtually impossible, even if I were to preempt this entire issue of the Columbia Law Review for the purpose, to document fully the monumental contributions William C. Warren made to the Law School during the seventeen years of his deanship. I can hope only to touch lightly upon them, leaving the reader to admire the foresight, the energy, the generosity of spirit, and the long hours of dedicated effort which enabled him to accomplish so much.

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Chief Judge Stanley H. Fuld, Michael I. Sovern Jan 1971

Chief Judge Stanley H. Fuld, Michael I. Sovern

Faculty Scholarship

There were Whiz Kids before McNamara, and never more than during the tenure of the late Thomas E. Dewey as District Attorney of New York County. Only thirty-three years old when he became special prosecutor for the investigation of organized crime in New York and thirty-five when he took office as District Attorney in 1937, Dewey surrounded himself with a remarkably talented group of young lawyers. Frank Hogan, for example, was thirty-five in 1937, Charles Breitel all of twenty-eight. Stanley Howells Fuld, who had graduated from the Columbia Law School one year after the District Attorney, was thirty-four. Nine years …

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The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher Jan 1971

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …

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Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin Jan 1971

Measuring Damages In Survival Actions For Tortious Death , Michael M. Martin

Faculty Scholarship

Survival statutes have been adopted to avoid the effect of common law rules preventing claims for the tortious death of a human being. These statutes give the personal representative such causes of action on behalf of the decedent's estate as the decedent would have had were he still alive. The question the statutes do not answer, however, is the effect of the death of a party on the measure of damages. The Washington Supreme Court's decision in Warner v. McCaughan illustrates the problem. Warner arose out of the death of a twenty-one year old college student. Alleging that the death …

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Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr. Jan 1971

Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

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Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr. Jan 1971

Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.

Faculty Scholarship

Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.

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Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin Jan 1971

Former-Testimony Exception In The Proposed Federal Rules Of Evidence, The , Michael M. Martin

Faculty Scholarship

According to one member of the Advisory Committee which drafted them, the proposed Rules of Evidence for the United States Courts and Magistrates were promulgated to "improve the truth-finding capacity of the courts," as well as to provide the benefits of simplification and uniformity. In much the same way that the Federal Rules of Civil Procedure have led to modernization of procedural rules in many states, the proposed Federal Rules of Evidence may be the vehicle by which improvements unsuccessfully codified in the Model Code of Evidence and the Uniform Rules of Evidence can finally be achieved across the United …

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Criminal Law And Population Control, Kent Greenawalt Jan 1971

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.

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All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt Jan 1971

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …

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A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski Jul 1970

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.

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The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel Jul 1970

The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

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