Law Commons^™

A Functional Analysis Of Truth In Lending, Ralph J. Rohner, Jonathan M. Landers

Scholarly Articles

The purpose of this Article is to take a hard look at the possible objectives of a disclosure statute such as Truth In Lending, and ask the basic question whether these objectives are attainable, and if so, what type of a statute can best effectuate the legislative policies. Given the lawmakers' fascination with disclosure-type legislation in the scheme for protecting consumers, and the myths that accompany such legislation, this undertaking should prove useful.

Marbury V. Madison, Lord Coke And Dr. Bonham: Relics Of The Past, Guidelines For The Present: Judicial Review In Transition?, George P. Smith Ii

Scholarly Articles

It will be the purpose of this article to explore the modern significance of Coke's influence as analyzed and interpreted through the famous Bonham's Case and thereby to provide an insight into the development of our own concepts of judicial review, as borrowed from the English, in its original historical-legal perspective and as seen through the decision in Marbury v. Madison and applied modernly in the principal case of Baker v.Carr.

Children And The Idea Of Liberty: A Comment On The Civil Commitment Cases, John H. Garvey

Scholarly Articles

Despite all the talk about the rights of children in the past few years, it has not often been necessary to parse conflicting claims by parents and children, and to give independent constitutional content to the latter. Before 1979, the Supreme Court had reached the merits in only one case presenting that issue. The problem will arise whenever the state lends its aid to the parents in a familial dispute, and in time will doubtless provoke litigation in which outnumbered children claim the benefit of most of the Bill of Rights. Until now, debate has focused on the procedural and …

David Hoffman And The Shaping Of A Republican Legal Culture, Maxwell Bloomfield

Scholarly Articles

In recent years scholars have paid increasing attention to the concept of "republicanism" as a measure of cultural change in America during the late eighteenth and early nineteenth centuries. To the Revolutionary generation republicanism connoted most obviously a representative form of government, based upon popular sovereignty and limited in its powers by a written constitution. But republican ideology encompassed far more than the restructuring of political institutions. It called for a regenerated society as well, in which men should be encouraged to pursue their individual destinies with a minimum of interference from public authorities. Civic morality and self-determination were closely …

Violent Pornography: Degradation Of Women Versus Right Of Free Speech, Lisa G. Lerman

Scholarly Articles

No abstract provided.

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

Scholarly Articles

In this first half of a two-part article, the author reviews the complex structures through which federal and state consumerprotection laws are enacted and enforced with respect to commercial banks. Problems arisefrom the multiolicity of law-making bodies, the dual banking system, unclear preemption standards, and expandingfederal domination of the consumer creditfleld The secondpart of the article, which will appear in the next issue of this Review, analyzes the actual enforcement activities of the federal and state banking agencies. It concludes with a series of recommendationsfor improving the combined federal-state consumer protection programs affecting commercial banks.

For Lack Of A National Policy On Consumer Credit: Preliminary Thoughts On The Need For Unified Federal Agency Rulemaking, Ralph J. Rohner

Scholarly Articles

No abstract provided.

New Directions In The Enforcement Of Consumer Credit Laws: From Public To Private And Back Again, Ralph J. Rohner

Scholarly Articles

The response of sympathetic lawmakers to perceived abuses in the consumer credit field is almost totally predictable. One group will urge the enactment of disclosure rules so that well-informed consumers will be able to look out for themselves in the marketplace. Another group will urge the passage of laws directly prohibiting the distasteful practice, or mandating a corrective mechanism. Both groups will then engage in endless rhetorical debate over the costs and benefits of either approach, the infringements on competition and marketplace freedom, and the burdens on small business.

All of these responses take for granted that the disappearance of …

The Minimization Requirement In Electronic Surveillance: Title Iii, The Fourth Amendment, And The Dread Scott Decision, Clifford S. Fishman

Scholarly Articles

This article addresses the problems raised by the Title III minimization requirement with particular emphasis on the Supreme Court's decision in Scott. Section I outlines the provisions of Title III that govern the issuance of eavesdropping warrants and the use of derivative evidence. Section II discusses the minimization provision and the definitional problems it presents. Section III analyzes judicial treatment of the minimization provision in light of Scott, and factors that have been held to affect a monitoring agent's ability to minimize interceptions. Section IV discusses judicial approaches to minimization litigation with respect to the problems of standing, guidelines for …

Civil Procedure, John H. Garvey, Beth Pederson Doutt

Scholarly Articles

No abstract provided.

Limits Of Ancillary Jurisdiction, John H. Garvey

Scholarly Articles

In Owen Equipment & Erection Co. v. Kroger the Supreme Court last Term addressed for the first time the permissible scope of ancillary jurisdiction under the Federal Rules of Civil Procedure. Although the Court approved using the doctrine in the situations to which it has most commonly been applied, it disapproved applying the doctrine to a plaintiff's claim against a nondiverse third-party defendant. This Article suggests that the line drawn by the Court in Kroger is likely to be particularly mischievous and is inconsistent with the justifications of fairness, convenience, and economy generally advanced to support the doctrine of ancillary …

Children And The First Amendment, John H. Garvey

Scholarly Articles

If children possess moral and political rights against the state, theories about these rights have scarcely progressed beyond first principles. The state must retain power to regulate education and some aspects of family life. Parents sometimes have a final say concerning what a child may do and experience. Professor Garvey offers an account of the way in which these and other realities shape the child's rights of free expression under the first amendment.

Equal Credit Opportunity Act, Ralph J. Rohner

Scholarly Articles

No abstract provided.

An Obscure Object Of Desire: Minimizing The Information Reporting Burden, George P. Smith Ii

Scholarly Articles

The purpose of this brief comment is to evaluate the work product of the Commission on Federal Paperwork and by so doing probe the persistent and vexatious conundrum of administrative efficiency at the federal level of the decision-making process. I shall also probe the effect that the report and its implementation will have on administrative law-making.

Marquette: Bad Law And Worse Policy, Ralph J. Rohner

Scholarly Articles

The Marquette National Bank case unjustifiably exalts the status of national banks over all other lenders in their dealings with out-of-state customers. It ought to be reversed by Congress.

An Overview Of Legal Principles And Issues Affecting Postsecondary Athletics, William A. Kaplin

Scholarly Articles

Athletics, as a subsystem of the postsecondary institution, is governed by the basic principles applicable to higher education generally. These principles, however, must be applied in light of the particular characteristics and problems of curricular, extracurricular, and intercollegiate athletics programs. A student athlete's eligibility for financial aid, for instance, would be viewed under the general principles governing financial aid, such as contract law and constitutional due process, but aid conditions related to the student's eligibility for or performance in intercollegiate athletics may create a special focus for the problem. In Taylor v. Wake Forest, for instance, the court held that …

The Texas Bar In The Nineteenth Century, Maxwell Bloomfield

Scholarly Articles

No abstract provided.