Law Commons^™

Much Ado About Nothing: The J.D. Movement, George P. Smith Ii

Scholarly Articles

In a recent article appearing in The Student Lawyer Journal, Dean John G. Hervey of the Oklahoma City University School of Law presented what, on first reading, appeared to be a very well documented argument in support of the uniform awarding of the Juris Doctor (J.D.) as the first degree in law. There can be little quarrel with Dean Hervey's statistical abstracts which he uses to build the central thesis of his article. The importance of this information to support his sweeping generalities is to be severely questioned. The position of the American Bar Association is also eminently clear. However, …

Title 28, Section 2255 Of The United States Code: Motion To Vacate, Set Aside Or Correct Sentence: Effective Or Ineffective Aid To A Federal Prisoner?, George P. Smith Ii

Scholarly Articles

This article places in historical perspective the enactment and administration by the federal courts of Section 2255 of the Judicial Code and concludes a prisoner’s basic right to attack, collaterally, a conviction is largely unimpaired by this legislation. Section 2255 was enacted not with the idea of enlarging the class of remedies already available to attack a conviction, but rather to provide that a proper attack upon an original conviction be made in the sentencing court and not in some other court through use of the writ of habeas corpus. Resort to habeas corpus is thus allowed only when the …

Friendly V. Hostile Fires, George P. Smith Ii

Scholarly Articles

What is fire? This is the central question in the discussion of the friendly-hostile fire doctrine. Since fire is defined differently by the historian, the scientist, the layman, the economist, the lawyer and the insurance agent, it becomes necessary to consider these viewpoints separately and hopefully seek to clarify the existing differences. After completing this undertaking, it then becomes necessary to discuss the historical evolution of the doctrine with particular emphasis being placed upon a careful dissection of the early English case of Austin v. Drew which first introduced the principles embodied in the doctrine and the American case of …

Dixon’S The Leopard’S Spots: A Study In Popular Racism, Maxwell Bloomfield

Scholarly Articles

The first fourteen years of the twentieth century constituted a major reform period in American history. In politics, economics and the arts new ideas and practices emerged to shatter nineteenth-century pre- conceptions. Crusading journalists led the way in calling for a revitalized democracy to bridge the dangerous gulf separating the very rich from the very poor. Increasingly public opinion was directed toward the elimination of class barriers by absorbing laborer and capitalist, immigrant and old-stock native, into an expanded form of democratic state which should minister to the welfare of all.

Yet during these same years, when mass audiences responded …

Can Congress Denationalize? The Supreme Court's View In Kennedy V. Mendoza-Martinez, Ralph J. Rohner, Jean J. Provost Jr.

Scholarly Articles

In an age when perhaps the foremost concern of the legal profession is the status and protection of the rights of individuals, the few decided cases on the right to citizenship-the most basic of all rights, the "right to have rights"- are of special significance. Since 1950, but prior to this Term, only two Supreme Court cases directly confronted the constitutional questions inherent in an assertion by Congress of the right to separate a person from his nationality. These cases, decided on the same day in 1957, were scarcely reconcilable with each other; now, in 1963, the Supreme Court has …

The Law Of Obscenity And Military Practice, Harvey L. Zuckman

Scholarly Articles

In recent years, problems surrounding the law of obscenity have become increasingly important and this development has resulted in a corresponding awareness of these problems by the courts, both state and federal. This awareness is now being extended into the military legal field. Two recent decisions, one by the United States Court of Military Appeals and the other by an Army board of review, have focused attention on the military's handling of obscenity problems under the Uniform Code of Military Justice. These recent decisions encompass issues occurring in civilian practice as well as issues peculiar to the military. Before any …

Casenote: Bell V. United States, Ralph J. Rohner

Scholarly Articles

No abstract provided.

Obscenity In The Mails, Harvey L. Zuckman

Scholarly Articles

For nearly one hundred years the federal government has had as one of its functions the suppression of mail trade in obscene and pornographic matter. The first federal enactment in this field provided that the mailing of an obscene book, pamphlet, picture, print, or other publication with knowledge of its nature was a misdemeanor. The present postal obscenity law' dates back to 1873 and is sometimes referred to as the Comstock Law because of the support given its passage by the notorious Anthony Comstock, agent for the New York Society for the Suppression of Vice. While its original wording would …

Censorship Of Defamatory Political Broadcasts: The Port Huron Doctrine, Harvey L. Zuckman

Scholarly Articles

No abstract provided.