Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 10 of 10

Full-Text Articles in Law

Uncertainties On The Spiral Staircase: Meta-Ethics And The New Biology, George P. Smith Ii Jan 1978

Uncertainties On The Spiral Staircase: Meta-Ethics And The New Biology, George P. Smith Ii

Scholarly Articles

No abstract provided.


A Close Encounter Of The First Kind: Artificial Insemination And An Enlightened Judiciary, George P. Smith Ii Jan 1978

A Close Encounter Of The First Kind: Artificial Insemination And An Enlightened Judiciary, George P. Smith Ii

Scholarly Articles

No abstract provided.


Significant Private Foundations And The Need For Public Selection Of Their Trustees, David A. Lipton Jan 1978

Significant Private Foundations And The Need For Public Selection Of Their Trustees, David A. Lipton

Scholarly Articles

After an exploration of the implications of the present tax treatment of foundations, this article turns to deficiencies in organizational structure and models of governance allowing for input by the public. These models are proposed because their operations conform more to the underlying values of society than do foundations guided by self-selected officers. These values basically dictate that the public as a whole, not a self-appointed body of governors, should play the major role in determining what constitutes and best serves the common welfare. In addition, in the process of satisfying these external values, some demonstrable internal efficiencies accrue to …


Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin Jan 1978

Epieikeia: Equitable Lawmaking In The Construction Of Statutes, Raymond B. Marcin

Scholarly Articles

No abstract provided.


Ideological Pluralism And Government Regulation Of Private Morality, Raymond B. Marcin Jan 1978

Ideological Pluralism And Government Regulation Of Private Morality, Raymond B. Marcin

Scholarly Articles

"You can't legislate morality!"-so says someone, somewhere every day. It is our conventional wisdom. It is a truism that is often heard in crassly political advocacy, and yet it both antedates and transcends traditional American politics. It has often been used by both liberal and conservative advocates. One recalls its use by President Eisenhower in the Little Rock, Arkansas, school desegregation crisis in the 1950's, as well as its use by more recent advocates of change in anti-abortion laws. Today it is most often heard in contexts similar to the subject of this symposium: laws prohibiting the dissemination of obscene …


Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey Jan 1978

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Scholarly Articles

Despite the vigorous debate which it occasioned in other circles, the practice of delegating legislative power to regulatory agencies which began at the end of the nineteenth century was never seriously questioned by American courts during the progressive era. This is not to say that the judiciary saw no threat posed by government by institutions of a form undreamed of at the time the Constitution was framed. Since the appearance of the first regulatory commissions, the courts have shown a concern to protect individual rights which recently may be seen in the insistence on procedural safeguards in agency adjudication and …


Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson Jan 1978

Comment, Discrimination In Access To Public Places: A Survey Of State And Federal Public Accommodations Laws, Lisa G. Lerman, Annette K. Sanderson

Scholarly Articles

The purpose of this Project is to chart recent developments in public accommodations law, including the expansion of access rights to places not previously regarded as public, the proscription of discrimination against groups other than racial minorities, and the increasing role of the state civil rights commissions in enforcing discrimination law. This survey provides a basis for assessing the adequacy of existing remedies and suggests changes in state and federal law. The Project conducts a mechanical examination of the statutes on the books. It does not discuss how those laws came into existence or the actual workings of the agencies …


Civil Procedure, John H. Garvey, Bill Dorris Jan 1978

Civil Procedure, John H. Garvey, Bill Dorris

Scholarly Articles

No abstract provided.


Attorney’S Affidavit In Litigation Proceedings, John H. Garvey Jan 1978

Attorney’S Affidavit In Litigation Proceedings, John H. Garvey

Scholarly Articles

No abstract provided.


Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington Jan 1978

Pro Peccatis Patrum Puniri: A Moral And Legal Problem Of The Inquisition, Kenneth Pennington

Scholarly Articles

No abstract provided.