Law Commons^™

Intracorporate Plurality In Criminal Conspiracy Law, Sarah N. Welling

Law Faculty Scholarly Articles

The concept of conspiracy currently plays a significant role in three areas of substantive law: antitrust, civil rights, and criminal law. Although the role of conspiracy in these substantive areas of law differs in many ways, all three require that the conspiracy consist of a plurality of actors. Determining what constitutes a plurality of actors when all the alleged conspirators are agents of a single corporation poses a continuing problem.

This problem raises two distinct questions. The first is whether, when one agent acts alone within the scope of corporate business, the agent and the corporation constitute a plurality. The …

In Defense Of Public Defenders: Polk County V. Dodson, Jeffrey C. Gilbert

University of Miami Law Review

In Polk County v. Dodson, the United States Supreme Court held that a public defender does not act under color of state law "when performing a lawyer's 'traditional functions' as counsel to a defendant in a criminal proceeding." The Court formulated a "functions" test to distinguish cases holding that public defenders act under color of state law when performing administrative tasks or when engaging in nontraditional or criminal acts. The author questions the Court's marked curtailment of indigents' access to federal courts when alleging ineffective representation by public defenders under 42 U.S.C. § 1983. Moreover, the author concludes that …

Basis Of Liability In A Section 1983 Suit: When Is The State-Of-Mind Analysis Relevant?, William A. Lockhart

Indiana Law Journal

NOTE: A printing error labeled this issue Spring 1982, it should have been labeled Summer 1982

Section 1983: Doctrinal Foundations And An Empirical Study, Theodore Eisenberg

Cornell Law Review

No abstract provided.

Case Notes, Santa Clara Law Review

Santa Clara Law Review

No abstract provided.

Amending Section 2 Of The Voting Rights Act Of 1965, Charles S. Konigsberg

Case Western Reserve Law Review

No abstract provided.

Compensatory Damages In Federal Fair Housing Cases, Robert G. Schwemm

Law Faculty Scholarly Articles

The federal fair housing laws became effective in 1968. Since then, courts have often awarded damages to victims of housing discrimination, but their decisions have provided little guidance for assessing the amount of such awards. There is a great range of awards, with some courts awarding only nominal damages of $1 and others setting awards of over $20,000. Compounding the problem is the difficulty of measuring the principal element of damages claimed by most plaintiffs in fair housing cases, noneconomic emotional harm or other forms of intangible injury.

Rarely is the basis for the amount of the court's award satisfactorily …

The Historical And Constitutional Context Of The Proposed Canadian Charter Of Rights And Freedoms, Walter S. Tarnopolsky

Law and Contemporary Problems

No abstract provided.

Recent Development: Amenability Of Foreign Corporations To United States Employment Discrimination Laws, Kevin C. Tyra

Vanderbilt Journal of Transnational Law

As the Linskey court noted, the existence of employment exemption provisions in over thirty commercial treaties, if liberally construed, would create a loophole in Title VII enforcement. Given the ever-increasing number of United States employees of foreign-owned corporations, liberal treaty constructions could decrease the scope of Title VII.

Nevertheless, the effect on international commerce must be considered. Although equal employment opportunity is a laudable goal, this goal may conflict with the values of other cultures, as it did with the culturally-based organization and management philosophy of the C. Itoh Co. A more prudent approach to the problem of subsidiaries might …

A Tale Of Two Amendments: The Reasons Congress Added Sex To Title Vii And Their Implication For The Issue Of Comparable Worth, Michael Evan Gold

Duquesne Law Review

The author of this article examines and dispels the frequently cited account that the provisions against sex discrimination in Title VII of the Civil Rights Act of 1964 were created as a Congressman's joke or as an attempt to defeat the bill. He analyzes the background of the Smith and Bennett amendments, focusing on the congressional debates as they appear in the Congressional Record. He concludes that the Members of Congress were serious about sex discrimination, and that this seriousness has important implications for the interpretation of Title VII.

Implied Private Remedies Under Federal Statutes: Neither A Death Knell Nor A Moratorium--Civil Rights, Securities Regulation, And Beyond, Thomas L. Hazen

Vanderbilt Law Review

The part of this Article that follows contains an examination of the implication process as it has developed in the federal courts.As will be seen, the Supreme Court has gone through a cyclical pattern of expansion and contraction in implying remedies with respect to a wide range of substantive areas. Accordingly, it is not possible to glean a single unified theory from the sixty-five years of Supreme Court activity. There are, however, a number of recurring themes, and it is possible to view all of the diverse approaches as part of a loosely defined pattern that was formulated into a …

Derivative Immunity: An Unjustifiable Bar To Section 1983 Actions, Craig B. Merkle

Duke Law Journal

No abstract provided.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe Haddon Northcross

Duquesne Law Review

No abstract provided.

Remedies And Damages For Violation Of Constitutional Rights, Frank M. Mcclellan, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Remedies For Statutory Violations Under Sections 1983 And 1985©

Washington and Lee Law Review

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Executive Immunity For Constitutional Torts After Butz V. Economou, Philip L. Gregory Jr.

Santa Clara Law Review

No abstract provided.

Exclusionary Land Use Controls And The Takings Issue, Robert R. Wright

Faculty Scholarship

No abstract provided.

The Mccarthy Era: History As Snapshot, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Mexican Americans: Are They Protected By The Civil Rights Act Of 1866, Patricia Serventi

Santa Clara Law Review

No abstract provided.

Righting Constitutional Wrongs: The Development Of A Constitutionally Implied Cause Of Action For Damages, Marilyn Sydeski

Duquesne Law Review

Until the Supreme Court's 1971 decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, the cause of action for damages in a case arising directly under the Constitution had not been explicitly recognized. The author examines the Bivens decision and charts the extension of the Bivens remedy to other constitutional violations. She concludes that although it is still not completely clear when the damages remedy may be invoked, recent decisions provide assistance to courts confronted with damages claims arising under the constitution.

There Is A Fountain: The Autobiography Of A Civil Rights Lawyer / Legal Regulation Of The Competitive Process, Leonard B. Boudin, Kenneth B. Germain

Vanderbilt Law Review

There is a Fountain: The Autobiography of a Civil Rights Lawyer Reviewed by Leonard B. Boudin --

This book is unlike other good legal autobiographies, such as those of D.N. Pritt,' Clarence Darrow, and more recently Charles Morgan," for Lynn throughout his life was very poor, a radical and,most importantly, Black. Those portions of his autobiography that recount his political life in college and in later years make exciting and important reading. Lynn was the only member of the Young Communist League at Syracuse University in the early 1930s, and was a member of the American Communist Party in his …

Review Of Owen Fiss, The Civil Rights Injunction, Doug Rendleman

Scholarly Articles

None available

The United Nations And The Human Rights Issue, Allard Lowenstein

Law and Contemporary Problems

No abstract provided.

Penal Regimes And Dissenters In The Soviet Orbit, Kazimierz Grzybowski

Law and Contemporary Problems

No abstract provided.

Soviet Human Rights: Law And Politics In Perspective, Eugene D. Fryer

Law and Contemporary Problems

No abstract provided.

The Artist In The Amphitheatre, Elizabeth Turner

Law and Contemporary Problems

No abstract provided.

Human Rights Policy Under The Carter Administration, Mark L. Schneider

Law and Contemporary Problems

No abstract provided.

Dianne Feinstein To Jimmy Carter, 31 January 1979, Dianne Feinstein

Mayor Moscone

Letter asking the President to support gun control

Regarding Psychologists Testily: Legal Regulation Of Psychological Assessment In The Public Schools, Donald N. Bersoff

Maryland Law Review

No abstract provided.