Law Commons^™

The Constitutional Rights Of Corporations Revisited: Social And Political Expression And The Corporation After First Nationial Bank V. Bellotti, Charles R.T. O'Kelley

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The Supreme Court has addressed only a few occasions the extent to which corporations enjoy those constitutional rights so fundamental to private citizens. In this article Professor O'Kelley discusses the inherent difficulty in applying familiar constitutional principles to corporations and examines those cases in which the Supreme Court has either extended or denied to corporations various constitutional rights. Finding that two underlying conceptual doctrines -- the Field rational and the associational rationale -- have guided the Court in previous decisions in this area, he then applies these doctrines in an analysis of the recent Supreme Court decision in First National …

New Rules Of Appellate Procedure Became Effective July 1, John Sobieski

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No abstract provided.

An Update Of The New Tennessee Rules Of Appellate Procedure, John Sobieski

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No abstract provided.

Georgia Local Government Officers: Rights For Their Wrongs, R. Perry Sentell Jr.

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Responsibility for damage caused by the misconduct of local government officers and employees has long been a concern of the law and of legal observers. According to most accounts, Anglo-American law historically has responded with two diverse rules: immunity for the governments, and liability for the official; both, however, are only points of departure. Although both rules are well established, each carries its own qualifications and the precise relationship between the two is a matter of some controversy.

Criminal Law In Tennessee In 1977-1978 - A Critical Survey, Joseph G. Cook

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No abstract provided.

Pfizer, Inc. V. India Foreign Sovereigns’ Standing To Sue For Treble Damages, Gary M. Shaw

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No abstract provided.

Habeas Corpus And Freedom Of Speech, Michael L. Wells

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Discussion concerning the proper scope of federal habeas corpus for state prisoners usually focuses upon the use of the writ as a federal remedy for procedural errors of constitutional magnitude in state criminal trials. Proponents of “liberal” habeas argue that only federal courts can adequately protect the federal procedural rights of state criminal defendants, while critics contend that the states' interest in administering their criminal laws free from federal interference overshadows the asserted benefits. Setting the proper scope of the writ requires a weighing of these competing values.

The focus on procedure is appropriate, because the vast majority of habeas …

Warrantless Administrative Inspections After Marshall V. Barlow's, Inc., David Shipley

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Administrative inspections are indispensable: without them there is no practical way to determine whether there is compliance with the plethora of health, sanitary, safety, and building regulations that ensure that living and working conditions remain tolerable. The need for administrative agencies to have this power does not, however, immunize inspections from the requirements of the fourth amendment. Administrative inspections "are subject to the governing principle that a search of private property, in the absence of consent, is 'unreasonable' unless authorized by a valid search warrant. This article discusses the continuing vitality of the Colonnade-Bisiwell exception to the warrant requirement after …

Imperfect Gifts As Declarations Of Trust: An Unapologetic Anomaly, Sarajane N. Love

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This article will address circumstances under which 'gifts' of personalty, made without legal supervision by lay people, should be construed as declarations of trust in order to carry out the wishes of the property owner. The declaration of trust doctrine may salvage some attempted gift transactions because the property which is the subject of the trust need not be delivered to the trust beneficiary.

Profits In Subrogation: An Insurer's Claim To Be More Than Indemnified, Jay S. Bybee

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“[I]f the assured is not entitled to retain an excess against the insurer, and the insurer … is not entitle to receive the excess from the assured, what happens to the excess?” This question, posed by Lord Justice Megaw in L. Lucas Ltd. v. Export Credits Guarantee Department, is bred by the juxtaposition of two subrogation rules. The right to subrogation, being in nature like restitution, entitles the holder of the right only to reimbursement and, under a contract of insurance, “the assured … shall be fully indemnified, but shall never be more than fully indemnified.” The confusion that distribution …

"We're Only Trying To Help": The Burden And Standard Of Proof In Short-Term Civil Commitment, Lynne Henderson

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No abstract provided.

In Their Own Image: The Reframing Of The Due Process Clause By The United States Supreme Court, J. Ralph Beaird

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A distinguished constitutional scholar recently pointed out that "many of the important decisions of the Supreme Court of the United States are not based on law in the popular sense of that term." It is true, he noted, that "the court endeavors to identify Constitutional clauses upon which to hang its pronouncements." "[S]ome key words and phrases in the Constitution," however, "are so highly indeterminate that they cannot really qualify as law in any usual sense." Rather, he said, "they are semantic blanks--verbal vacuums that may be filled readily with any one of many possible meanings." Thus, it is not …

Book Review, Elaine W. Shoben

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Quantitative Methods in Law represents the efforts of one legal scholar to apply mathematical probability and statistics to the solution of a wide range of legal problems. Michael O. Finkelstein has republished in book form a collection of his articles, beginning with his most famous and most widely cited: the application of mathematical probability to jury discrimination cases. After leading the reader through a series of fascinating applications of statistical problem solving to an impressively wide range of legal situations, the book concludes with the final words of one of the most engaging battles among legal scholars in recent years: …

A Note On The Georgia Contracts Code, Julian B. Mcdonnell

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Among all of these codes, the present Code of Georgia enjoys a distinguished pedigree. It traces its origins and many of its provisions to the original Georgia Code of 1860. The story of that original Georgia Code has been largely lost to history, undoubtedly because it arrived simultaneously with the Civil War. For its time, the Georgia Code of 1860 was a remarkable legal document. Previous codifications in Anglo-American jurisdictions had been limited to reducing statutory materials to systematic written form or establishing new procedural systems. The Georgia Code of 1860 was the first codification of the substantive areas of …

Production And Consumption Of Informal Law: A Model For Identifying Information Loss, Sandra M. Huszagh, Fredrick W. Huszagh

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This Article seeks to indicate where the probability of citizen ignorance is greatest, and to identify the important independent variables that determine the probable level of ignorance. On the basis of this analysis, the Article sets forth a model designed to facilitate development of law communication reforms that can restore legitimacy to the government's assumption that ignorance is not a proper defense to noncompliance. The model can be applied at any jurisdictional level. The nine charts at the end of the Article illustrate how various communication factors individually and cumulatively condition information flow at each level.

Habeas Corpus And Freedom Of Speech, Michael Wells

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This Article will examine substantive attacks on habeas based on the assertion that the petitioner's confinement violates his first amendment rights of free speech, press or assembly. The thesis is that when these rights are at issue, the considerations supporting broad habeas are stronger, and the costs of habeas are lower, than when the petitioner is asserting the violation of a federal procedural right. As a result, the necessary choice of values is more easily resolved in favor of broad first amendment habeas than it is for broad procedural habeas. Essential to this analysis is the premise that a habeas …

Hughes V. Oklahoma: The Court, The Commerce Clause, And State Control Of Natural Resources, Walter Hellerstein

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The Supreme Court's recent Commerce Clause opinions reflect an apparent effort to rationalize and modernize the analytical framework for delineating the implied restraints that the Clause imposes on state legislation. In the state tax field, the Court has articulated a coherent set of criteria controlling the validity of state taxes on interstate commerce and has discarded doctrine inconsistent with these standards. In the state regulatory context, the Court has likewise enunciated meaningful decisional principles governing the constitutionality of state regulations affecting interstate commerce and has applied them without substantial concern for their impact on its precedents of an earlier era. …

The Pennsylvania Eminent Domain Code: A Bittersweet Nostrum For The Residential Tenant, Don Leatherman

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No abstract provided.

A Survey Of Civil Procedure In Tennessee - 1977, John Sobieski

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No abstract provided.

An Analysis Of State Pretrial Diversion Statutes, Peter Zablotsky

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No abstract provided.