Law Commons^™

Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley

Scholarly Works

Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …

Toward A Unified Approach To Privileges And Relevancy, Thomas F. Guernsey

Law Faculty Publications

No topic in evidence has received more attention from commentators than evidentiary privileges. In the writings on privilege, however, there has been little discussion that the auxiliary public policies excluding otherwise logically relevant evidence under relevance analysis are essentially the same as the public policies that underlie the creation of privileges. In fact, as a general matter, if no topic has received more attention than privileges, few topics have received less attention than relevancy, and there has been virtually no discussion of the connection between privilege analysis and relevancy analysis. ...

New York: The Right To Discharge At-Will Employees Post Weiner, John V. Dember

Touro Law Review

No abstract provided.

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Books Received

Consensus and Confrontation: The United States and the Law of the Sea Convention

By Jon M. Van Dyke.

Honolulu: The Law of the Sea Institute, University of Hawaii, 1985. Pp. x, 576. $29.50

Free Flow of Information; A New Paradigm. By Achal Mehra

Westport, Connecticut: Greenwood Press, 1986. Pp. xiii, 225. $32.95

The Fund Agreement in the Courts, Volume III. By Joseph Gold Washington, D.C.: International Monetary Fund, 1986. Pp. xvi, 841.$45.00

A Standard for Justice; A Critical Commentary on the Proposed Bill of Rights for New Zealand

By Jerome B. Elkind and Antony Shaw

New York: Oxford …

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

West's Law & Commercial Dictionary in Five Languages

West Publishing Company, 1985. Pp. xvi, 885, 899.

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Flags of Convenience

By B.N. Metaxes

Aldershot, England and Brookfield, Vermont

Gower Publishing Company, 1985. Pp.x, 107.

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External Debt Management

Edited by Hassanali Mehran

Washington, D.C.: International Monetary Fund, 1985. Pp. v, 322.

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Adjustment, Conditionality, and International Financing

Edited by Joaquin Muns

Washington, D.C.: International Monetary Fund, 1984. Pp. xi, 214.

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Non-Appearance Before the International Court of Justice

By H.W.A. Thirlway

Cambridge: Cambridge University Press, 1985. Pp. v, 184.

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William Sheppard, Cromwell's Law Reformer

By Nancy L. Matthews

London: …

The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Some legislation, such as law permitting living wills, has addressed the problem of decisions regarding life-sustaining treatment for the elderly. Most of the developing law on the subject is, however, being made by the courts, often in prospective decisions about treatment. These rulings have followed a variety of approaches to the ends of protecting incompetent patients and enforcing the right of the competent to make their own decisions.

Unprecedential Analysis And Original Intent, William P. Marshall

Faculty Publications

No abstract provided.

Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

Attempting The Impossible: The Emerging Consensus, Ira Robbins

Scholarly Articles in Law Reviews & Journals

Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …

Working With The Individual Judge Assignment System, Roger J. Miner '56

Court Conferences and Events

No abstract provided.

The Duty To Criticize The Courts (I), Roger J. Miner '56

Lawyers and the Legal Profession

No abstract provided.

Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd

Faculty Publications

No abstract provided.

Cashier's Checks, Certified Checks, And True Cash Equivalence, Paul M. Shupack

Cardozo Law Review

No abstract provided.

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Cardozo Law Review

No abstract provided.

When May State Courts Exercise Personal Jurisdiction Over Nonresident Class Members, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Weber V. Stony Brook Hospital: Inconsistent Procedure, Contradictory Results

Touro Law Review

No abstract provided.

The "Facts" Of Federal Subject Matter Jurisdiction, William P. Marshall

Faculty Publications

No abstract provided.

Should Federal Courts Give Greater Effect To State Judgments Than Would The Courts That Rendered Them?, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Enforcement Of Arbitral Awards Issued By The Additional Facility Of The International Centre Of Settlement Of Investment Disputes (Icsid), Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk

Dalhousie Law Journal

In 1883, when Dalhousie Law School was created, lawyers in England, the United States, and Canada stood at the edge of a watershed. Massive changes in the law began during the late nineteenth and early twentieth centuries - changes in doctrine, institutions, practice, and ways of thinking. I cannot imagine how I might describe these changes in one short paper, even if I understood them all. Instead, I have chosen to talk about one large strand, regulation, because it is an important feature of law in the twentieth century and because it offers an opportunity to consider some distinctive characteristics …

A Federal Judge In The Deep South: Random Observations, John Minor Wisdom

South Carolina Law Review

No abstract provided.

The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz

South Carolina Law Review

No abstract provided.

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.

The Political Question Doctrine In State Courts, Nat S. Stern

South Carolina Law Review

No abstract provided.

Application Of Respondeat Superior Principles To Securities Fraud Claims Under The Racketeer Influenced And Corrupt Organizations Act (Rico), Barbara Black

Faculty Articles and Other Publications

Part I of this article outlines RICO's statutory scheme, reviews the common law doctrines under which a principal may be liable for the acts of its agent and the policies behind these doctrines, and examines RICO decisions raising the issue of vicarious liability. Part II examines non-RICO federal cases and identifies relevant factors determining the appropriateness of applying respondeat superior and agency principles to federal statutes. Finally, Part III analyzes the specific provisions of RICO in light of the factors identified in Part II. The article concludes that these factors do not support the imposition of liability on defendants other …

Administrative Institutions And The Administrative Process, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones

West Virginia Law Review

No abstract provided.

The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg

Fordham Law Review

No abstract provided.

Courts, Statutes And Administrative Agency Jurisdiction: A Consideration Of Limits On Judicial Creativity, Jonathan Mallamud

South Carolina Law Review

No abstract provided.