Law Commons^™

A Contextual Approach To Disobedience, Kent Greenawalt

Faculty Scholarship

Edmund Burke once noted that the rebelliousness of colonial America was largely a consequence of the size and prominence of the legal profession, under whose influence the people "snuff the approach of tyranny in every tainted breeze." Today, however, most members of the legal profession take a much dimmer view of civil disobedience, although some do acknowledge its justification in special circumstances. Few who write on the subject recognize that in making judgments about the morality of disobedient acts the lawyer's perspective is limited.

Disputes over whether an illegal action is morally justified in a particular instance can be conceptually …

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Governor's Private Eyes, Tamar Frankel

Faculty Scholarship

In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …

The "Control" Test For Limited Partnerships, Alan L. Feld

Faculty Scholarship

Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …

Due Process Considerations In Police Showup Practices, Gordon G. Young

Faculty Scholarship

No abstract provided.

Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran

Faculty Scholarship

No abstract provided.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

The Community Development Coporation, Robert L. Schwartz, Raymond G. Sanchez

Faculty Scholarship

Review of Community Development Corporation (CDC) Model, its role as a community action agency, and the Community Self-Determination Act of 1968.

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Crowded Dockets And The Courts Of Appeals: The Threat To The Function Of Review And The National Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Power Of District Judges And The Responsibility Of Courts Of Appeals, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Selective Service: Some Certain Problems And Some Tentative Answers, Michael E. Tigar, Robert J. Zweben

Faculty Scholarship

No abstract provided.

Collateral Attack On Court-Martial Convictions, Robinson O. Everett

Faculty Scholarship

No abstract provided.

Objectivity In The Law, George C. Christie

Faculty Scholarship

No abstract provided.

Professionalism And Student Protest, Paul D. Carrington

Faculty Scholarship

The attributes of professionalism, which are the hallmark of the lawyer's calling, can be used to help institutions and the public understand and effectively deal with student protest and disorder. An unruffled, low keyed reaction is needed in most cases with the law's processes reserved for occasions that cannot be handled as intramural clashes.

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyers At Lineups: Constitutional Necessity Or Avoidable Extravagance?, Frank T. Read

Faculty Scholarship

No abstract provided.

Control Distribution Devices, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

The New Law Of Race Relations, Arthur Larson

Faculty Scholarship

No abstract provided.

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

The Circuit Councils: Rusty Hinges Of Federal Judicial Administration, Peter G. Fish

Faculty Scholarship

The Administrative Office Act of 1939 fundamentally changed the judicial system of the country.

The Many Mansions Of A University, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr.

Faculty Scholarship

No abstract provided.

The Community Development Corporation, Robert J. Desiderio, Raymond G. Sanchez

Faculty Scholarship

No abstract provided.