Law Commons^™

The Bankruptcy Discharge: Toward A Fresher Start, Doug Rendleman

Scholarly Articles

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Liquidation Bankruptcy Under The '78 Code, Doug Rendleman

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The F.T.C. Amends The 'Holder' Rule, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Problems Of Federalism In The Regulation Of Consumer Financial Services Offered By Commercial Banks: Part Ii, Ralph J. Rohner

Scholarly Articles

The first portion of this article reviewed the array of federal and state consumer protection laws affecting commercial banks and described the many areas of friction created by such multiple lawmaking. This half of the article addresses the question of how these various laws are enforced by the federal and state bank supervisory agencies and concludes with an evaluation of the many options for improving the overall regulatory and enforcement structure for consumer protection.

Compensatory Contempt: Plaintiff's Remedy When Defendant Violates An Injunction, Doug Rendleman

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Compensatory Contempt To Collect Money, Doug Rendleman

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Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles

No abstract provided.

Student Rights Of Passage: A Full Or Limited Partnership In University Governance, George P. Smith Ii

Scholarly Articles

No abstract provided.

Divorce Law Practice (Part 1), Harvey L. Zuckman

Scholarly Articles

No abstract provided.

Pen Registers And Privacy: Risks, Expectations, And The Nullification Of Congressional Intent, Clifford S. Fishman

Scholarly Articles

In United States v. New York Telephone Co. the Supreme Court first ruled that an ordinary search warrant sufficed to authorize law enforcement use of a pen register. Additionally, the Court ruled that a federal district judge possessed the authority to include within the search warrant an order compelling a telephone company to assist the government by installing a pen register on the targeted telephone.

In Smith v. Maryland, the Court considered the legality of pen register surveillance conducted by a telephone company pursuant to an informal police request, that is, without a warrant or other court order. In holding …

The Special Study Of The Options Market: Its Findings And Recommendations, David A. Lipton

Scholarly Articles

Since its inception in 1972, listed options trading has become a very important source of income for the securities industry. The total volume of transactions has risen dramatically, but so have investor complaints. The author of this article examines the 1979 study of the options markets issued by the SEC staff, notes its principal recommendations, and discusses the need for greater industry self-regulation. The author notes that the SEC is still considering final rule proposals in the options field, and he suggests that the options/securities industry will probably be altered in the following respects: (1) a restructuring of the existing …

Great Expectations Or Convoluted Realities: Artificial Insemination In Flux, George P. Smith Ii

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The Sherman Act And The Vicious Will: Developing Standards For Criminal Intent In Sherman Act Prosecutions, George E. Garvey

Scholarly Articles

This article will evaluate the intent issue in several steps. First, Gypsum and its progeny will be examined to place the issue in context. Next, the article will consider the status of and reasons for a requisite mental element for criminal condemnation. Emphasis will be placed on the common law development of strict criminal liability. The focus will then shift to the evolution of strict liability in the Supreme Court. Against this background, the Sherman Act's criminal provisions will be analyzed to see if they may be appropriately considered strict liability offenses under common law or federal judicial precedent. Finally, …

Litigation Primer For Standing Dismissals, John H. Garvey

Scholarly Articles

Professor Carvey examines a very theoretical issue-whether standing objections are jurisdictional, claim-related, or both-to resolve a rery practical problem-hotc to characterize motions to dismiss for lack of standing, As he notes. the choice of characterization under the Federal Rules of Ciril Procedure has important practical consequences for the litigator, involving cridentiary limitations, consolidation requirements, and the resjudcata effcct of dismissal. Professor Carrey suggests. as a solution to the litigator's dilemma, that both rule 12(b k I and rule 121b t16 are appropriate means by which to raise standing objections in the constitutional sense since a determination that the plaintiff lacks …