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Articles 1 - 25 of 25

Full-Text Articles in Law

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein Nov 1980

State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein

Scholarly Works

The state tax field is enjoying a renaissance of sorts. The Supreme Court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an out-pouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains.

Even the executive branch, which seldom intervenes in …


Schweiker V. Wilson, Lewis F. Powell Jr. Oct 1980

Schweiker V. Wilson, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Rostker V. Goldberg, Lewis F. Powell Jr. Oct 1980

Rostker V. Goldberg, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Maryland V. Louisiana, Lewis F. Powell Jr. Oct 1980

Maryland V. Louisiana, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Dames & Moore V. Regan, Lewis F. Powell Jr. Oct 1980

Dames & Moore V. Regan, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr. Oct 1980

United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.


Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall Jan 1980

Village Of Schaumberg V. Citizens For A Better Environment And Religious Solicitation: Freedom Of Speech And Freedom Or Religion Converge, William P. Marshall

Faculty Publications

No abstract provided.


The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins Jan 1980

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira Robbins

Articles in Law Reviews & Other Academic Journals

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit receipt …


Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins Jan 1980

Consumer Product Safety: Preemption, The Commerce Clause And State Regulatory Authority, James L. Winokur, Jennifer Robbins

Villanova Law Review

No abstract provided.


Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg Jan 1980

Harmless Error: Constitutional Sneak Thief, Steven H. Goldberg

Elisabeth Haub School of Law Faculty Publications

"Harmless constitutional error" is among the most insidious of legal doctrines. Since its promulgation by the United States Supreme Court in Chapman v. California, it has determined as many criminal appeals as have some of the more well-known and hotly debated decisions of the 1960s. Despite the frequency of its use in determining criminal appeals-possibly as high as ten percent of all criminal appeals during the last thirteen years it has received comparatively little critical attention. The reason for the inattention? It's a sneak thief. Its appearance does not raise apprehension, and its application does not leave concentrated areas of …


Constitutional Law--Personal Jurisdiction--The Due Process Clause Vs. Long-Arm Claims For Increased Child Support - Kulko V. Superior Court, Karen J. Williams Jan 1980

Constitutional Law--Personal Jurisdiction--The Due Process Clause Vs. Long-Arm Claims For Increased Child Support - Kulko V. Superior Court, Karen J. Williams

South Carolina Law Review

No abstract provided.


Constitutional Law--Supreme Court Is Undecided On Parental Notification Requirement For Minor's Abortion, Bellotti V. Baird, 99 S. Ct. 3035 (1979), John R. Mcarthur Jan 1980

Constitutional Law--Supreme Court Is Undecided On Parental Notification Requirement For Minor's Abortion, Bellotti V. Baird, 99 S. Ct. 3035 (1979), John R. Mcarthur

South Carolina Law Review

No abstract provided.


Strategies In Zoning And Community Living Arrangements For Retarded Citizens: Parens Patriae Meets Police Power, Penelope A. Boyd Jan 1980

Strategies In Zoning And Community Living Arrangements For Retarded Citizens: Parens Patriae Meets Police Power, Penelope A. Boyd

Villanova Law Review

No abstract provided.


The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein Jan 1980

The Prohibition Of Group-Based Stereotypes In Jury Selection Procedures, Howard M. Klein

Villanova Law Review

No abstract provided.


Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana Jan 1980

Constitutional Law - Due Process Clause - Where New Prosecution Is Initiated For Additional Criminal Activity Not Specified In An Original Indictment, Actual Vindictiveness Is The Proper Standard To Determine Whether Such Prosecutorial Conduct Is Constitutionally Permissible, Peter R. Kahana

Villanova Law Review

No abstract provided.


Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto Jan 1980

Federal Communications Commission - Fairness Doctrine - Requirement That A Fairness Doctrine Complaint Establish A Prima Facie Case Defining A Specific Issue, Doris Del Tosto

Villanova Law Review

No abstract provided.


The Pennsylvania Takeover Disclosure Law: A Statute Waiting To Be Invalidated, Ira P. Tiger Jan 1980

The Pennsylvania Takeover Disclosure Law: A Statute Waiting To Be Invalidated, Ira P. Tiger

Villanova Law Review

No abstract provided.


Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller Jan 1980

Constitutional Law - Due Process - Minor Child May Be Voluntarily Committed To Mental Institution By Parents Or Guardian Following Precommitment Approval By A Staff Psychiatrist, Provided That The Child's Condition Is Then Periodically Reviewed, Helene M. Koller

Villanova Law Review

No abstract provided.


Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein Jan 1980

Civil Procedure - Quasi In Rem Jurisdiction - Assertion Of Quasi In Rem Jurisdiction Under Rule Of Seider V. Roth Held Violative Of Due Process Clause, Richard Goldstein

Villanova Law Review

No abstract provided.


Antitrust Law - The Requirement Of An Instruction On Intent In Per Se Criminal Violations Of Section 1 Of The Sherman Act, Andy Susko Jan 1980

Antitrust Law - The Requirement Of An Instruction On Intent In Per Se Criminal Violations Of Section 1 Of The Sherman Act, Andy Susko

Villanova Law Review

No abstract provided.


Constitutional Law - State Action - Participation By State Racing Officials In Racetrack's Decision To Terminate Private Stall Agreement Constitutes State Action, Helene M. Koller Jan 1980

Constitutional Law - State Action - Participation By State Racing Officials In Racetrack's Decision To Terminate Private Stall Agreement Constitutes State Action, Helene M. Koller

Villanova Law Review

No abstract provided.


Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli Jan 1980

Regulation Of Advertising And Promotional Pracitces Of Public Utilities Under The First Amendment, Thomas G. Carulli

Fordham Urban Law Journal

This Note examines the first amendment right of public utility corporations in light of the recent restrictions imposed on how these corporations communicate with their subscribers and the public in general. Specifically, this Note will focus "on the regulations promulgated by the New York Public Service Commission which prohibited the use of bill inserts on controversial matters of public policy and banned all promotional advertising by public utility corporations."


An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst Jan 1980

An Analysis Of The Unwed Father's Adoption Rights In Light Of Caban V. Mohammed: A Foundation In Federal Law For A Necessary Redrafting Of The Pennsylvania Adoption Act, Richard Gutekunst

Villanova Law Review

No abstract provided.


Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill Jan 1980

Constitutional Law - Attorneys' Right To Free Speech Versus Protection Of Fair Trial - Dr 7-107 Restricting Attorneys' Speech During Pending Litigation Only Constitutional To Protect Criminal Jury Trial From Reasonable Likelihood Of Prejudice, Eugene Hamill

Villanova Law Review

No abstract provided.


The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins Dec 1979

The Cry Of Wolfish In The Federal Courts: The Future Of Federal Judicial Intervention In Prison Administration, Ira P. Robbins

Ira P. Robbins

Introduction: In Bell v. Wolfish, the United States Supreme Court held that, with respect to conditions or restrictions having no specific constitutional source for protection, a pretrial detainee in a federal correctional center has a right under the due process clause of the fifth amendment to be free from any punitive conditions or restrictions during detention. The Court further held that all of the challenged practices and conditions were valid because they were rationally related to the legitimate non-punitive purposes of the detention center. Thus, the correctional facility could place two detainees in a cell built for one, prohibit …