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Articles 1 - 21 of 21

Full-Text Articles in Law

Judicial Discipline And Impeachment, John H. Garvey Jan 1988

Judicial Discipline And Impeachment, John H. Garvey

Scholarly Articles and Other Contributions

This symposium deals with the discipline and removal of Article III judges. In employing these measures we must heed two principles that are in tension with one another. The first is that judges must be honest. The second is that they must be independent. This second principle actually presupposes a third, about which I will say something before returning to the first two. The independence of federal judges is particularly important because they engage in the practice of judicial review


Judicial Review In The Socialist Legal System: Current Developments, Rett R. Ludwikowski Jan 1988

Judicial Review In The Socialist Legal System: Current Developments, Rett R. Ludwikowski

Scholarly Articles and Other Contributions

No abstract provided.


The Standard On Which Arbitrators Base Their Decisions: The Sro’S Must Decide, David A. Lipton Jan 1988

The Standard On Which Arbitrators Base Their Decisions: The Sro’S Must Decide, David A. Lipton

Scholarly Articles and Other Contributions

Attorneys who practice in the arbitration system are presently in doubt as to whether arbitrators will base their award on commercial equitable judgment or on a strict adherence to legal precedence. The article first examines federal case law on the issue of extent to which arbitrators must follow the letter of the statutory law and the common law. It finds the “manifest disregard” doctrine enunciated in the Bobker decision has been subjected to several different interpretations. Examining the pros and cons of these various interpretations from the point of view of industry practicalities, the author finds that the arbitrators need ...


Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman Jan 1988

Technologically Enhanced Visual Surveillance And The Fourth Amendment: Sophistication, Availability And The Expectation Of Privacy, Clifford S. Fishman

Scholarly Articles and Other Contributions

Since 1983, however, seven Supreme Court decisions have focused at least in part upon application of the Fourth Amendment to technological enhancement of, or technological substitution for, visual surveillance: United States v. Dunn and Texas v. Brown (artificial illumination); United States v. Knotts and United States v. Karo (electronic tracking devices); California v. Ciraolo9 and Florida v. Riley (aerial surveillance); and Dow Chemical Co. v. United States (image-magnifying aerial photography). Reaction to many of these decisions has been highly critical.

In six of the seven cases, investigators refrained from intruding physically into a location protected by the Fourth Amendment. The ...


La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin Jan 1988

La Integridad De La Mujer, Women And Human Rights In Mexico City, Internship Report, Stacy Brustin

Scholarly Articles and Other Contributions

No abstract provided.


The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner Jan 1988

The New Reproductive Technologies And The Law: A Roman Catholic Perspective, William J. Wagner

Scholarly Articles and Other Contributions

In the next several years, the new reproductive technologies will, for better or worse, affect the civil law governing society's most basic relationships and the rights and duties that accompany them. As lawmakers deliberate over the social choices required by technological developments in human reproduction, the soundness of their decisions will depend on their understanding of the good that is at risk, and on their commitment to the law's role in defending it. In view of the fundamental nature of the societal relationships implicated, who will deny that much currently depends on the quality of lawmakers' decisions?

This ...


Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien Jan 1988

Pedophilia: The Legal Predicament Of Clergy, Raymond C. O'Brien

Scholarly Articles and Other Contributions

This Article identifies the present posture of child abuse and admits that the incidence of child sexual abuse among members of the clergy is documental. Indeed, incidents of child abuse seem to be more common each day throughout all segments of the population. This has affected public trust and the public has responded by revoking such traditional clerical prerogatives as the priest-penitent privilege, developing a theory of abuse in gestation, and demanding better treatment for offenders through therapy.

The precise scope of this Article is to offer recommendations concerning the legal, medical and social predicament of pedophilia regarding issues that ...


Analytical Principle: A Guide For Lapse Survivorship, Death Without Issue, And The Rule, Raymond C. O'Brien Jan 1988

Analytical Principle: A Guide For Lapse Survivorship, Death Without Issue, And The Rule, Raymond C. O'Brien

Scholarly Articles and Other Contributions

It is the purpose of this article to develop an analytical principle-meaning a logical approach-by which we can predict, explain, and even modify the often absent or bizarre intention of any settlor, donor, or scrivener. This intention includes future interests passing through lapse, express and implied conditions of survivorship, death without issue, and the Rule. These four subjects are treated as constant and yet are among the most complicated non-tax related issues of trusts and estates. Applying an analytical principle to them is meant to offer a concrete basis upon which the scrivener and the settlor can add related issues ...


Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles Jan 1988

Determining The Limits Of Postpetition Interest Under Section 506(B) Of The Bankruptcy Code: In Re Ron Pair Enterprises, Veryl Victoria Miles

Scholarly Articles and Other Contributions

This article will consider the merits of both sides of the debate that now engulfs Section 506(b), as presented primarily by the Sixth and Fourth Circuit Courts in Ron Pair Enterprises and Best Repair, respectively. After summarizing the arguments presented and the decision of the court in Ron Pair Enterprises, the article will present an analysis of the majority and minority views on the language of Section 506(b) and offer a critical assessment of the pre-Code law on the allowance of postpetition interest on over-secured claims.

From this assessment, this article will conclude that Section 506(b) should ...


The Black Lawyer In Virginia: Reflections Upon A Journey, 1938–1988, Veryl Victoria Miles, Gerald Bruce Lee, G. Nelson Smith Iii Jan 1988

The Black Lawyer In Virginia: Reflections Upon A Journey, 1938–1988, Veryl Victoria Miles, Gerald Bruce Lee, G. Nelson Smith Iii

Scholarly Articles and Other Contributions

No abstract provided.


Banking Affiliate Regulation Under Section 23a Of The Federal Reserve Act, Veryl Victoria Miles Jan 1988

Banking Affiliate Regulation Under Section 23a Of The Federal Reserve Act, Veryl Victoria Miles

Scholarly Articles and Other Contributions

Before committing a bank's financial resources to an affiliate, bankers must be aware of the scope of the term "affiliate" under Section 23A of the Federal Reserve Act. Section 23A places restrictions on the financial dealings between banks and their affiliate companies. The author analyzes Section 23A and the relevant regulatory and compliance issues that have recently surfaced. The author concludes that in the event of Glass-Steagall repeal, interaffiliate regulation of the financial dealings between banks and securities affiliates, as accomplished by Section 23A, would be a viable method of permitting the merger of investment and commercial banking.


The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles Jan 1988

The Public Utility In Bankruptcy: A Reality, Veryl Victoria Miles

Scholarly Articles and Other Contributions

No abstract provided.


Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii Jan 1988

Nudity, Obscenity And Pornography: The Streetcars Named Lust And Desire, George P. Smith Ii

Scholarly Articles and Other Contributions

No abstract provided.


The Case Of Baby M: Love’S Labor Lost, George P. Smith Ii Jan 1988

The Case Of Baby M: Love’S Labor Lost, George P. Smith Ii

Scholarly Articles and Other Contributions

No abstract provided.


Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii Jan 1988

Fetal Abuse: Culpable Behavior By Pregnant Women Or Parental Immunity?, George P. Smith Ii

Scholarly Articles and Other Contributions

The purpose of this essay is to demonstrate the pressing need of the law to take decisive action in imposing tort liability for willful and malicious conduct by drug addicted women during their pregnancy. Liability should be imposed notwithstanding the warnings from civil libertarians that the enforcement of such a policy would most assuredly give rise to "prenatal police patrols.'


Biotechnology And The Law: Social Responsibility V. Freedom Of Scientific Inquiry?, George P. Smith Ii Jan 1988

Biotechnology And The Law: Social Responsibility V. Freedom Of Scientific Inquiry?, George P. Smith Ii

Scholarly Articles and Other Contributions

At American University in Washington, D.C., on November 20, 1973, Julius Stone presented the tenth annual Mooers Lecture, entitled, "Knowledge, Survival, and the Duties of Science."' The central question and thesis that he propounded could and, indeed, should be raised anew today; they form the very core of the province and function of law, science, and medicine. In our brave new world they point to the leeways of choice and patterns of discourse that exist in grappling with the central issue of social responsibility in scientific inquiry. Perhaps they will assist in forging a consensus opinion for a subsequent ...


Homelessness: A Commentary And A Bibliography, Raymond B. Marcin Jan 1988

Homelessness: A Commentary And A Bibliography, Raymond B. Marcin

Scholarly Articles and Other Contributions

Recently, there has been an upsurge of interest in the issue of homelessness, sparked partly by a shocking upsurge in the incidence of the phenomenon itself and partly by a maturation in our collective thinking on the issue. The upsurge of interest, at any rate, is strong enough to suggest the utility of a bibliography on the subject. The bibliography is to be considered the major part of and the raison d'etre for this article, with the commentary that follows representing the author's personal reactions and observations on reading and thinking about many of the items in the ...


Political And Legal Instruments In Supporting And Combating Terrorism: Current Developments, Rett R. Ludwikowski Jan 1988

Political And Legal Instruments In Supporting And Combating Terrorism: Current Developments, Rett R. Ludwikowski

Scholarly Articles and Other Contributions

A historian is a prophet of the past, not of the future, and a question about the future is not a historian's favorite one. With all these reservations, a historian is often compelled to trace past and present patterns in order to foresee the most likely arrangements of future events. The reflections presented below (in Part I) do not stem from the intention of the author to speculate about the prospects of Communism or discuss the alternative scenarios for the future of the Soviet bloc. They are limited to a few conclusions which can be drawn from the logical ...


Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield Jan 1988

Constitutional Values And The Literature Of The Early Republic, Maxwell Bloomfield

Scholarly Articles and Other Contributions

No abstract provided.


Discovery Procedures And The Selection And Training Of Arbitrators: A Study Of Securities Industry Practices, David A. Lipton Jan 1988

Discovery Procedures And The Selection And Training Of Arbitrators: A Study Of Securities Industry Practices, David A. Lipton

Scholarly Articles and Other Contributions

No abstract provided.


Limitations On Reproductive Autonomy For The Mentally Handicapped, George P. Smith Ii Jan 1988

Limitations On Reproductive Autonomy For The Mentally Handicapped, George P. Smith Ii

Scholarly Articles and Other Contributions

No abstract provided.