Law Commons^™

National Endowment Of The Art's Controversial Obscenity Regulation And Its Constitutional Ramifications, Jodi Cantor

St. Thomas Law Review

The purpose of this paper is to discuss and analyze the constitutional ramifications of the controversy involving the National Endowment of the Arts. Specifically, the controversy is based on obscenity restrictions on government funding. The paper begins by explaining the purpose and goals behind the National Endowment of the Arts. Next, the controversy itself and the subsequent enactment of the Interior Appropriations bill and its restrictions are discussed. There are several constitutional issues presented. First, it is strongly urged that the Miller v. California 1 test is misplaced in this area. However, assuming that Miller is applicable, an intent-based analysis …

Law And War After The Cold War, Louis Henkin

Maryland Journal of International Law

No abstract provided.

Introduction

St. Thomas Law Review

The ST. THOMAS LAW FORUM was initially designed to give aspiring St. Thomas student writers a platform to display their craft and the force of their imagination. This the FORUM'S inaugural symposium issue, marks a turning point for the St. Thomas School of Law. It represents the efforts of an ambitious and autonomous FORUM staff whose purpose is to create an environment conducive to the exploration of academic achievement and the scholarly analysis of important issues in the law. The marked growth and development of the ST. THOMAS LAW FORUM parallels that of the School of Law itself. The FORUM …

Speech, Press, Religion And Assembly: Now And Tomorrow, Ellen S. Podgor

St. Thomas Law Review

It is without doubt befitting that St. Thomas University School of Law's first symposium celebrate the 200th anniversary of the Bill of Rights, with emphasis on the first of its ten amendments. The heritage, birth and growth surrounding this symposium issue serve as evidence that the rights of free speech, press, religion and assembly are not mere abstract guarantees of our "forefathers," but rather, living realities that are being actively applied well beyond any vision of its originators.

The Bill Of Rights, Freedom Of Speech, Censorship, And The Cop On The Beat, Roger Handberg

St. Thomas Law Review

This short essay reemphasizes a simple truth about the exercise of the various freedoms embodied within the Bill of Rights. That is: constitutional rights are not self enforcing and their effective articulation is dependent upon the restraint of officers of the state, principally the individual police officer on the beat. Courts are crude and often ineffectual protectors of those rights because their judgments and pronouncements occur long after the events have transpired. This distance is true even when an injunction has been rendered explicitly protecting the exercise of such rights. Even in those exceptionally rare cases when an injunction is …

Prior Restraint In Light Of United States V. Noriega--Has The Law Been Changed, William M. Hoeveler

St. Thomas Law Review

No abstract provided.

The Media And The Censors Blue Pencil, D Paul, Barbara Singer, P. Steinle, J Wragg

St. Thomas Law Review

The following are excerpts taken from a panel discussion held at St. Thomas University School of Law on March 7, 1991.

To Stimulate, Provoke, Or Incite Hate Speech And The First Amendment, Kenneth Lasson

St. Thomas Law Review

The rule should be a simple one: expression of all ideas is protected, except for those in narrowly defined categories such as state secrets, obscenity, fighting words, and defamation. The last exception should include a civil action for group libel. While the rule may be simple, however, it is not simplistic - nor any more difficult to apply than the analysis required in the fact-finding process of a trial by judge or jury. This paper will briefly examine the various approaches to free speech both in America and elsewhere, suggest how they may be read in harmony with the rule …

Scientific Evidence: 1990 Survey Of Florida Law, Carol Henderson Garcia

Nova Law Review

Increasingly, science and the law are intersecting. Today, most scientific

or professional disciplines provide expert testimony in courts.

Front Matter

St. Thomas Law Review

Front Matter includes Masthead, advisors, and Table of Contents for St. Thomas Law Review Volume 3, Issue 1, Spring 1991.

Cultural Critique And Legal Change, Charles W. Collier

UF Law Faculty Publications

No abstract provided.

Law's Patriarchy, Lynne Henderson

Scholarly Works

No abstract provided.

International Criminal Law And The Macro-Micro Problem*, Anthony D'Amato

Nova Law Review

Prior to 1960, textbooks on international public law hardly made

mention of international criminal law, except in brief references to subjects

such as extradition, asylum, and jurisdiction over aliens.

Securities, Supremacy And Supposition: 1990'S Legislative And Judicial Changes To Florida's Bluesky Law, Michael T. Murtaugh

Nova Law Review

On July 7, 1990, the Florida Securities and Investor Protection

Act, chapter 517 of the Florida Statutes,' was revised and re-enacted

effective October 1, 1990, to include developments in securities regulation

that have occurred since the last major revision of the Florida Blue

Sky Law' in 1986.

Civil Procedure: 1990 Survey Of Florida Law, William Vandercreek

Nova Law Review

During the survey period there were some significant developments

in the area of Florida Civil Procedure. The first development occurred

in the area of subject matter jurisdiction.

Environmental Regulation: An Examination Of John Locke’S Ordered Liberty And Government Intervention, Jonathan G. Lasley

Duke Environmental Law & Policy Forum

No abstract provided.

Law And Equity In Contract Enforcement, Emily L. Sherwin

Maryland Law Review

No abstract provided.

Valuation Issues In Applying Fraudulent Transfer Law To Leveraged Buyouts, Alemante G. Selassie

Faculty Publications

No abstract provided.

Recovery For Pure Economic Loss In Tort: Another Look At Robins Dry Dock V. Flint, Victor P. Goldberg

Faculty Scholarship

In Robins Dry Dock and Repair Co. v. Flint, the Supreme Court laid down the general proposition that claims for pure economic loss are not recoverable in tort. Although courts have sometimes ignored or distinguished Robins, its holding is still a central feature of tort law. In a recent en bane decision regarding claims by those injured by a chemical spill in the Mississippi River, the Fifth Circuit engaged in an extensive debate over the continued vitality of Robins and concluded (despite five dissenters) that it remained good law.

The Robins rule is overbroad, lumping together a number of …

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella

Northern Illinois University Law Review

This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.

Settlement Week: Measuring The Promise, James G. Woodward

Northern Illinois University Law Review

Consistent with a growing trend in urban trial courts, the Circuit Court of Cook County, Illinois has experimented with an alternative dispute resolution technique known as Settlement Week. This article examines the experience courts around the nation have had with Settlement Week and reports the findings of an empirical assessment designed to measure Settlement Week's performance as an alternative dispute resolution program in the Circuit Court of Cook County, Illinois.

Clayton V. Place: Dancing Around The Establishment Clause -- Religion In The Public Schools, Paul T. Donahue

Northern Illinois University Law Review

This note examines the Eighth Circuit Court of Appeal's decision refusing to strike down a public school board rule which prohibited social dancing inside the public schools of Purdy, Missouri. The issue facing the court was how far local religious groups could go in influencing public school policy. The court of appeals reversed the ruling of the trial court which found that the prohibition on social dancing was a result of local religious pressure and thus in violation of the Establishment Clause of the Federal Constitution. The author concludes that the decision of the court of appeals ignored the power …

Waiver Of Constitutional Issues In Criminal Cases: Confusion In The Illinois Supreme Court, Timothy P. O'Neill

Northern Illinois University Law Review

For years, a serious problem has faced an Illinois criminal defendant who challenged the constitutionality of the statute supporting his conviction for the first time on appeal. Two contradictory lines of Illinois Supreme Court authority came to opposite conclusions on whether the issue had been waived. This article examines the failure of the Illinois Supreme Court squarely to confront this issue.

When Self Abuse Becomes Child Abuse: The Need For Coercive Prenatal Government Action In Response To The Cocaine Baby Problem, Kevin Drendel

Northern Illinois University Law Review

This Commentary identifies prenatal drug exposure of infants as a problem with which our society must come to terms. The judicial system is capable of providing solutions, but a void of appropriate legislation hampers that ability. Among the legal vehicles available are criminal laws, child abuse and neglect laws, civil and criminal injunctions, and involuntary commitment laws. A balancing of the maternal, societal, and fetal interests involved can be accomplished on a case by case basis in the absence of enabling and guiding legislation. However, legislation in this highly sensitive area is a better way. This commentary explores the problem, …

Words And The Door To The Land Of Change: Law, Language, And Family Violence, Martha Minow

Vanderbilt Law Review

Can words stem violence? More specifically, can anything anyone says halt the physical devastation inflicted daily behind the closed doors of family dwellings? Some people strike, beat, or burn their children. Some people assault their lovers, some their spouses; usually, men batter women.' Can words, uttered by anyone else, stop this violence?

Words of journalists expose family violence to public view. Words of legislatures and judges forbid and punish family abuse. Words of historians, novelists, television scriptwriters, social workers, feminist theorists, and songwriters depict and decry domestic violence against a backdrop of societal silence about it. But are there words …

Law, Literature, And Social Change: Foreword, Sharon A. Mattingly

Vanderbilt Law Review

FOREWORD: Interpreting the meaning of words, whether those words compose a precedent-setting case or a newly enacted statute, is an integral part of the law. Furthermore, the impact of legal texts clearly extends beyond the legal discipline and permeates all layers of society. But from where do we derive the meaning of words and texts? Is the text itself the source of meaning, or is the text an embodiment of a meaning, the source of which is society? What determines textual interpretations-the historical roots of the text itself, the historical gloss of prior interpretations, the private experiences that each new …

Afterword: Voices And Violence--A Dialogue, Ellen W. Clayton, Jay Clayton

Vanderbilt Law Review

WE: When organizing this Symposium on the topic of "Law, Literature,and Social Change," we asked whether current trends in literature and in literary, social, and legal theory actually could play a role in bringing about social change. The authors gathered at this Symposium responded to this question in very different ways. As we read their articles and comments, however, and as we talked about their various approaches, some common themes began to emerge. Narrative seemed important. The way people split public life off from private experience came up frequently. But violence seemed to be on everyone's mind.

IT: Why violence? …

The Nova Lawyer, Fall 1990, Volume 4, Number 2, Nova University Shepard Broad Law Center

Nova Lawyer

No abstract provided.