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Full-Text Articles in Law

Brown V. Liberty Loan Corp., 392 F. Supp. 1023 (M.D. Fla. 1974), J. Elizabeth Middlebrooks Oct 1975

Brown V. Liberty Loan Corp., 392 F. Supp. 1023 (M.D. Fla. 1974), J. Elizabeth Middlebrooks

Florida State University Law Review

Constitutional Law- DUE PROCESS- POSTJUDGMENT WAGE GARNISHMENT PROCEDURE THAT GIVES DEBTOR NO NOTICE OR OPPORTUNITY TO ASSERT STATUTORY EXEMPTION PRIOR TO GARNISHMENT IS UNCONSTITUTIONAL.


Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle Jul 1975

Weinberger V. Wiesenfeld, 95 S. Ct. 1225 (1975), Barbara Cozad Biddle

Florida State University Law Review

Constitutional Law- EQUAL PROTECTION- DENYING SOCIAL SECURITY "MOTHER'S INSURANCE BENEFITS" TO FATHERS VIOLATES EQUAL PROTECTION COMPONENT OF FIFTH AMENDMENT DUE PROCESS CLAUSE.


Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik Apr 1975

Goss V. Lopez, 95 S. Ct. 729 (1975), Stephen J. Kubik

Florida State University Law Review

Constitutional Law- FOURTEENTH AMENDMENT- STUDENTS FACING SUSPENSION HAVE PROPERTY AND LIBERTY INTERESTS THAT QUALIFY FOR DUE PROCESS PROTECTION.


Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann Mar 1975

Recent Cases, Richard C. Stark, Gerard T. Nebel, Craig V. Gabbert, Jr., Mary E. Mann

Vanderbilt Law Review

Recent Cases

Administrative Law--Federal Trade Commission Act--Restitution Held Improper in Section Five Cease and Desist Order

Richard C. Stark

Congress enacted section five'° of the Federal Trade Commission Act in 1914 to supplement" the antitrust provisions of the Sherman Act.'" The section declared unfair methods of competition illegal and placed the power to define and prohibit unfair methods in the hands of an independent regulatory commission, the FTC.' In conferring this power, Congress intended this body of experts to educate and guide the business community toward the goal of securing higher standards of business conduct.

Sherman Act, antitrust

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Constitutional …


Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones Jan 1975

Due Process Problems Of Property Damage No-Fault Insurance, Stephen L. Jones

University of Michigan Journal of Law Reform

Michigan, Florida, and Massachusetts have recently enacted automobile property damage no-fault legislation. Similar to the concept of personal injury no-fault plans, the property damage legislation bars tort recovery for damage to vehicles involved in collisions and substitutes a system of insurance protection that would compensate the vehicle's owner for these losses without regard to fault. There are, however, two essential differences between the property damage and personal injury proposals. First, because property damage claims have been minor as compared to those for personal injuries, the property damage proposals have permitted the vehicle owner to self-insure for the former losses by …


Habeas Corpus Challenges To Prison Discipline, Mary Ellen Kris Jan 1975

Habeas Corpus Challenges To Prison Discipline, Mary Ellen Kris

Fordham Law Review

No abstract provided.


Due Process For Students--New Developments, Robert Stolz Jan 1975

Due Process For Students--New Developments, Robert Stolz

Fordham Law Review

No abstract provided.


Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin Jan 1975

Timely Revocation Hearings For Criminal Violations Of Parole, Ellen M. Martin

Fordham Law Review

No abstract provided.


Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier Jan 1975

Civil Rights By Default, Barbara Kaye Besser, Charles Guerrier

Cleveland State Law Review

It is the intention of this article to discuss the existing devices available to the Ohio Civil Rights Commission to compel a respondent to provide the relevant factual information requested; to point out the inadequacies of these procedures; and to propose an additional method to effectuate a speedy resolution of the controversies before the Ohio Civil Rights Commission.


Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp Jan 1975

Pre-Trial Detainees Must Be Held Under The Least Restrictive Means Possible To Assure The Detainees' Presence At Trial. Rhem V. Malcolm, 371 F. Supp. 594, Opinion Supplemented, 377 F. Supp. 995 (S.D.N.Y.), Aff'd, 507 F.2d 333 (2d Cir. 1974)., Todd L. Klipp

Fordham Urban Law Journal

Plaintiffs, detainees at the Manhattan House of Detention for Men (MHD), more commonly known as the "Tombs," brought suit for declaratory and injunctive relief against the Commissioner of Corrections of the City of New York, the warden, the mayor, and various state officials. Plaintiffs alleged that the conditions of their detention constituted a denial of their rights under the first, fifth, sixth, eighth, and fourteenth amendments. The United States District Court for the Southern District of New York found unconstitutional conditions did exist and ordered the city to submit a plan within thirty days to remedy the constitutional infirmities. Six …


Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri Jan 1975

Juvenile Delinquent And Unruly Proceedings In Ohio: Unconstitutional Adjudications, Patricia Simia Kleri

Cleveland State Law Review

This article will focus on the constitutional defects of juvenile court adjudications under Ohio juvenile law. The arguments presented, however, are equally applicable in other jurisdictions since every state has some type of legislation granting juvenile court jurisdiction over both criminals and noncriminal misconduct of children.


Kentucky Law Survey: Education, Carolyn S. Bratt Jan 1975

Kentucky Law Survey: Education, Carolyn S. Bratt

Law Faculty Scholarly Articles

This article provides a survey of Kentucky case law on the topic of education. During the past survey year, the Kentucky Court of Appeals decided several cases in which public education was the common denominator. Developments occurred in the areas of student discipline, merger of first class city-county school districts, and due process requirements for removal of tenured teachers. The most significant case, however, was Dorr v. Fitzer, which involved the authority of a county board of education to reject, without cause, a school superintendent's recommendation that a teacher with four consecutive limited service contracts be granted a continuing …


Kentucky Law Survey: Commercial Law, Harold R. Weinberg Jan 1975

Kentucky Law Survey: Commercial Law, Harold R. Weinberg

Law Faculty Scholarly Articles

This article provides a survey of Kentucky legal developments in the area of commercial law. The focus of this survey is whether a creditor’s statutory prejudgment remedies, which involve an application of state authority, are constitutional under the due process clause of the fourteenth amendment.


The New Due Process: Rights And Remedies, Doug Rendleman Jan 1975

The New Due Process: Rights And Remedies, Doug Rendleman

Kentucky Law Journal

No abstract provided.


Procedures For Termination Of Utility Service: The Requirements Of Due Process, Dale W. Bruckner Jan 1975

Procedures For Termination Of Utility Service: The Requirements Of Due Process, Dale W. Bruckner

Kentucky Law Journal

No abstract provided.


New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword Jan 1975

New Approaches To The Civil Disabilities Of Ex-Offenders, Walter W. May, Larry F. Sword

Kentucky Law Journal

No abstract provided.