Law Commons^™

Remarks, Introduction Of Professor E. Donald Shapiro, Bar-Ilan University Reception, Roger J. Miner '56

Tributes & Testimonials

No abstract provided.

Death Of The Law , Owen M. Fiss

Cornell Law Review

No abstract provided.

Supreme Court Extends The Automobile Exception: California V. Carney, G. Edward Murphy

Northern Illinois University Law Review

A look at the extension of the "'automobile exception" to a motor home and a discussion of the implications of the Carney decision.

Ten Years After (Weingarten): Are The Standards Really Clear?, Daniel J. Herron

Northern Illinois University Law Review

An exploration into the labor law area of "Weingarten rights," which permit union representation in employee investigatory hearings. The article explores the inconsistencies which exist among various federal circuits due to the failure of the Court in Weingarten to provide definitive standards for the application of the principles which the Court announced.

Severed Roots: The Sealed Adoption Records Controversy, Melissa Arndt

Northern Illinois University Law Review

Focusing on changing sealed records statutes, this article discusses the adopted adult's interest in discovering the identities of his biological parents and ascertaining background information about himself.

Supreme Court Assault Upon The Constitutional Settlement Of The New Deal: Garcia And National League Of Cities, Charles H. Clarke

Northern Illinois University Law Review

A historical view of commerce clause adjudication, suggesting that the dissenters in Garcia v. San Antonio Metropolitan Transit Authority may be attempting to signal a return to pre-New Deal commerce clause analysis.

The Evolution Of The National Court Of Appeals Controversy: An Emerging Negative Consensus?, James A. Gazell

Northern Illinois University Law Review

An examination of the debate concerning the creation of a National Court of Appeals. A consensus has emerged which rejects the proposal as premature and unnecessary. Thus, the Supreme Court may have to look to other means in order to ease the burden of its caseload.

Turn Out The Lights, The Party's Over: An Economic Analysis Of Kelly V. Gwinnell, Charles G. Popp

Northern Illinois University Law Review

This article examines the view, adopted by a growing number of courts, that social hosts should be liable for the negligent acts of their intoxicated guests.

Conceptual Analysis And The Virtues And Vices Of Professor Westen’S Linguistics, Timothy P. Terrell

Duke Law Journal

No abstract provided.

The Questions Rehnquist Hasn't Had To Answer, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Harper & Row, Publishers V. Nation Enterprises - Rewriting The Fair Use Criteria?, Douglas B. Teaney

Northern Illinois University Law Review

An examination of the Supreme Court's first detailed discussion of the doctrine offair use in copyright law as embodied in the Copyright Revision Act of 1976. Particular attention is given to the Court's innovative analysis of fair use factors.

Federal Products Liability Legislation: Not The Cure For Worker's Compensation Ailments, Judith A. Schening

Northern Illinois University Law Review

An examination of the potential interaction between provisions in the proposed federal products liability legislation and existing state worker's compensation statutes, focusing on the resulting deviation from current law and the accompanying inequities to employers and their insurance carriers.

Limited Partnership Reform: A Commentary Upon The Proposed Illinois Statute And The 1976 And 1985 Versions Of The Uniform Limited Partnership Act, Michael L. Closen

Northern Illinois University Law Review

Professor Closen gives a detailed section-by-section evaluation of the pending Illinois version of the Revised Uniform Limited Partnership Act. The author compares the Illinois act to the previous uniform partnership acts adopted in the state and analyzes the new act in light of its departure from them.

Midgett V. Sackett In The Aftermath Of Allis-Chalmers: The Impact Of Federal Labor Law On Retaliatory Discharge Claims, Bruce Keller

Northern Illinois University Law Review

A discussion of the continuing viability of the Illinois Supreme Court's decision to extend the tort of retaliatory discharge to union employees protected by collective bargaining agreements.

City Of Cleburne V. Cleburne Living Center, Inc.: Judicial Step Or Stumble?, Garrick J. Hodge

Northern Illinois University Law Review

An examination of the Supreme Court's decision determining the appropriate standard of review to be applied in fourteenth amendment equal protection analysis involving mentally retarded persons.

Protection Of Farmers In Grain Elevator Bankruptcies, Justin E. Bauer, D.L. Uchtmann

Northern Illinois University Law Review

The authors discuss the problem of legal protection of the farmer-producer in the event of a grain elevator insolvency. The article focuses upon recent federal and state legislative responses to this escalating legal and political dilemma.

The Parent-Child Privileges: Hardly A New Or Revolutionary Concept, Wendy Meredith Watts

William & Mary Law Review

No abstract provided.

Monzo Raises Taxing Issue, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Fraud Liability Under Agency Principles: A New Approach, Steven N. Bulloch

William & Mary Law Review

No abstract provided.

Virginia's Acquisition Of Unclaimed And Abandoned Personal Property, K. Reed Mayo

William & Mary Law Review

No abstract provided.

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …

The Death Penalty—An Issue Of Conscience And Conflict, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.”

The "Natural Law Tradition", John M. Finnis

Journal Articles

This "tradition of natural law theory" has three main features: First, critique and rejection of ethical scepticism, dogmatism and conventionalism; Second, clarification of the methodology of descriptive and explanatory social theories (e.g., political science, economics, jurisprudence .... ); Third, critique and rejection of aggregative conceptions of the right and the just (e.g., consequentialism, utilitarianism, wealth-maximization, "proportionalism"...).

Table Of Contents

Touro Law Review

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

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 Connection Between Law And Morality: Comments On Dworkin, David B. Lyons

Faculty Scholarship

Our discussions yesterday seemed haunted by a contrast--never quite formulated--between Natural Law and Legal Positivism. The standard interpretation turns on the idea of a "necessary connection" between law and morality. Positivism has often been understood to hold, and Natural Law to deny, that there can be unjust laws.

A Constitutional Right To Home Instruction?, Neal Devins

Faculty Publications

No abstract provided.

Language, Communication, Computers And The Law, R. A. Samek

Dalhousie Law Journal

There is an old story about a drunken man who is looking for an object under a street light. A policeman asks him what he is looking for. "It is my keys", he says. "Did you lose them here?" "No, over there.'" "Why then are you looking for them over here?" "Because I can see here", is the man's reply. The real significance of this story is very different from what it appears. It is not the man who is foolish but the policeman. We can only look for something from where we can see it. The alternative is to …