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Full-Text Articles in Law

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer Dec 1964

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer

Notre Dame Law Review

No abstract provided.


Amended Stockholder Proposal Rule: A Decade Later, Thomas M. Clusserath Dec 1964

Amended Stockholder Proposal Rule: A Decade Later, Thomas M. Clusserath

Notre Dame Law Review

No abstract provided.


The Civil Rights Act Of 1871: Continuing Vitality, Frank J. Walz Dec 1964

The Civil Rights Act Of 1871: Continuing Vitality, Frank J. Walz

Notre Dame Law Review

No abstract provided.


Book Review, Donald P. Kommers Dec 1964

Book Review, Donald P. Kommers

Notre Dame Law Review

No abstract provided.


Doctrine Of Abstention: Need Of Reappraisal, James T. Heimbuch Dec 1964

Doctrine Of Abstention: Need Of Reappraisal, James T. Heimbuch

Notre Dame Law Review

No abstract provided.


Recent Decisions, Francis M. Gregory, Joseph P. Della Maria, Richard E. Steinbronn Dec 1964

Recent Decisions, Francis M. Gregory, Joseph P. Della Maria, Richard E. Steinbronn

Notre Dame Law Review

No abstract provided.


Bill Of Rights Of Members Of Labor Organizations, 1959-1964, William A. Bish Dec 1964

Bill Of Rights Of Members Of Labor Organizations, 1959-1964, William A. Bish

Notre Dame Law Review

No abstract provided.


Allocation Of Deductions Among Related Taxpayers Under Section 482 Of The Internal Revenue Code, Robert S. Rich Dec 1964

Allocation Of Deductions Among Related Taxpayers Under Section 482 Of The Internal Revenue Code, Robert S. Rich

Notre Dame Law Review

No abstract provided.


Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Thomas L. Shaffer, Joseph O'Meara Dec 1964

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Thomas L. Shaffer, Joseph O'Meara

Journal Articles

This article suggests that the determination of "obscenity" in cases should be sent to the jury to determine under proper instructions rather than judges because the jury reflects the community's morals and mores more truly than even the wisest of judges. The jury is the mechanism provided by the common law for determination of questions involving the presence or absence of due care, reasonableness, prudence, decency and other concepts reflecting the common sense and/or conscience of a community. Specifically, this article argues that the obscenity determination should be determined with reference to the time and place of the community of …


Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer Dec 1964

Obscenity In The Supreme Court: A Note On Jacobellis V. Ohio, Joseph O'Meara, Thomas L. Shaffer

Journal Articles

According to the opinion of Mr. Justice Brennan in Jacobellis v. Ohio, the Supreme Court itself must weigh and decide the issues in obscenity cases; it must decide whether the disputed material is obscene; and it must decide this according to the standards of the community, that is, the whole country—all 50 States. In other words, the Court must apply a national standard. This note is addressed primarily to that opinion.


Observations On The Proposed Alteration Of The Constitutional Amendatory Procedure, Albert E. Jenner Sep 1964

Observations On The Proposed Alteration Of The Constitutional Amendatory Procedure, Albert E. Jenner

Notre Dame Law Review

No abstract provided.


Proposal Ii And The National Interest In State Legislative Apportionment, Carl A. Auerbach Sep 1964

Proposal Ii And The National Interest In State Legislative Apportionment, Carl A. Auerbach

Notre Dame Law Review

No abstract provided.


Narcotics Addiction: Civil Commitment And The Report Of The President's Advisory Commission, Robert B. Cash Sep 1964

Narcotics Addiction: Civil Commitment And The Report Of The President's Advisory Commission, Robert B. Cash

Notre Dame Law Review

No abstract provided.


Symposium: Constitutional Amendments: Introduction, Joseph O'Meara Sep 1964

Symposium: Constitutional Amendments: Introduction, Joseph O'Meara

Notre Dame Law Review

No abstract provided.


Implied Warranties In Service Contracts, Robert M. Hanlon Sep 1964

Implied Warranties In Service Contracts, Robert M. Hanlon

Notre Dame Law Review

No abstract provided.


Court Of The Union Or Julius Caesar Revised, Philip B. Kurland Sep 1964

Court Of The Union Or Julius Caesar Revised, Philip B. Kurland

Notre Dame Law Review

No abstract provided.


Legislation And Administration, Michael D. Sullivan Sep 1964

Legislation And Administration, Michael D. Sullivan

Notre Dame Law Review

No abstract provided.


Recent Decisions, William A. Bish, Richard D. Catenacci, John M. Lamont, John T. Mulvihill Sep 1964

Recent Decisions, William A. Bish, Richard D. Catenacci, John M. Lamont, John T. Mulvihill

Notre Dame Law Review

No abstract provided.


Genesis Of The Three States-Rights Amendments Of 1963, Paul Oberst Sep 1964

Genesis Of The Three States-Rights Amendments Of 1963, Paul Oberst

Notre Dame Law Review

No abstract provided.


Proposing Constitutional Amendments By Convention: Some Problems, Arthur Earl Bonfield Sep 1964

Proposing Constitutional Amendments By Convention: Some Problems, Arthur Earl Bonfield

Notre Dame Law Review

No abstract provided.


Report Of The Dean 1963–1964, Joseph O'Meara Aug 1964

Report Of The Dean 1963–1964, Joseph O'Meara

1952–1968: Joseph O'Meara

Dean Joseph O'Meara summarizes and comments upon the 1963–1964 academic year at Notre Dame Law School. Topics include: the student body, student activities—including bar examination results—program of instruction, faculty, special events, law building, the Natural Law Institute, the Notre Dame Law Association, the Advisory Council, and faculty publications.


Law And Logic, P. J. Fitzgerald Aug 1964

Law And Logic, P. J. Fitzgerald

Notre Dame Law Review

No abstract provided.


Municipal Fair Employment Ordinances As A Valid Exercise Of The Police Power, John P. Mcquillan Aug 1964

Municipal Fair Employment Ordinances As A Valid Exercise Of The Police Power, John P. Mcquillan

Notre Dame Law Review

No abstract provided.


Taxing Interstate Commerce: A New Experience In Indiana, Carlyn E. Johnson Aug 1964

Taxing Interstate Commerce: A New Experience In Indiana, Carlyn E. Johnson

Notre Dame Law Review

No abstract provided.


Implied Powers Of Federal Agencies To Order Divestiture, Michael Stepanek Aug 1964

Implied Powers Of Federal Agencies To Order Divestiture, Michael Stepanek

Notre Dame Law Review

No abstract provided.


What Constitutes Punishment?, Robert C. Findlay Aug 1964

What Constitutes Punishment?, Robert C. Findlay

Notre Dame Law Review

No abstract provided.


Product Liability: The Constructive Warranty, Walter H. E. Jaeger Aug 1964

Product Liability: The Constructive Warranty, Walter H. E. Jaeger

Notre Dame Law Review

No abstract provided.


Recent Decisions, Fernand N. Dutile, Don O'Shea Aug 1964

Recent Decisions, Fernand N. Dutile, Don O'Shea

Notre Dame Law Review

No abstract provided.


Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile Aug 1964

Recent Decisions (Trusts-Conflict Of Laws), Fernand N. Dutile

Journal Articles

Examining the Texas case Wilson v. Smith, 373 S.W. 2d 514 (Tex. Civ. App. 1963), which invalidated a testamentary trust. The trust provided for the establishment of a clinic-hospital which would apply the methods of nutrition, blood chemistry, radionics and other types of non-medical healing. The court addressed a conflict of laws issue and ultimately invalidated the trust on public policy grounds.


119th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame Jun 1964

119th University Of Notre Dame Commencement And Mass Program, University Of Notre Dame

Commencement Programs

119th University of Notre Dame Commencement and Mass Program