Law Commons^™

Law As A Social Science, R. Lynn Campbell

Dalhousie Law Journal

Law is offered as an undergraduate social science discipline at Carleton University. Students may take programmes leading to both Major and Honours B.A. degrees in law or may also undertake the study of law in a combined Major or Honours programme in conjunction with another discipline. Successful completion of any programme does not qualify the graduate for admission to any bar admission programme nor is any credit given towards a law degree for courses taken at Carleton.' The purpose of the programme is to promote an awareness of the place of rules respecting human conduct in political, social and economic …

Con Law Limit Is Eroding, Bruce Ledewitz

Ledewitz Papers

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

Coming To The Nuisance: Nor Shall Private Property Be Taken Without...., John Dwight Ingram

Northern Illinois University Law Review

An examination of both the common law and statutory approaches to the "nuisances" in today's society emphasizing the goals and outlooks of society's past and present in an effort to suggest guidelines to govern the future use and enjoyment of one's property.

Hudson V. Palmer: Closing The "Iron Curtain" On Fourth Amendment Protection In Prison Cells, Phil Dabney

Northern Illinois University Law Review

A discussion of Hudson v. Palmer, examining the basis for the decision that the fourth amendment does not apply in a prison cell and that an unauthorized, intentional deprivation of property by a state official does not violate due process where adequate post-deprivation remedies exist.

Common Law And Statutory Protection Of The Farm Enterprise In Illinois, H. W. Hannah

Northern Illinois University Law Review

A comprehensive discussion of significant Illinois statutes that are protective of the farm enterprise. Those selected for discussion include: the Right to Farm Statute, the Illinois Farmland Preservation Act, and the Agricultural Areas Law.

Draft Cards And Report Cards: Financial Aid Remains Contingent Upon Draft Registration Under Selective Service System V. Minnesota Public Interest Research Group, Mark J. Mclennon

Northern Illinois University Law Review

An analysis of the constitutional difficulties of imposing draft registration compliance as a prerequisite to receiving federal educational assistance. Particularly, the issues of equal protection, self-incrimination and bills of attainder as considered in the Selective Service decision will be discussed.

Private Hospital Application Review Process: The Right To Counsel And The Scope Of Judicial Review, Patrick H. Agnew

Northern Illinois University Law Review

An examination of the scope of judicial review afforded physicians who are denied membership to private Illinois hospital medical staffs, and a discussion of the physician's right to be represented by legal counsel during this application review process.

United States V. Leon: Application Of Justice White's "Good-Faith" Exception To The Exclusionary Rule, Mary Allyson Misevich

Northern Illinois University Law Review

An examination of United States v. Leon, wherein the Supreme Court adopted a "good-faith" exception to the fourth amendment exclusionary rule.

The Federal Taxation Of Nongeneral Powers Of Appointment, Amy Morris Hess

Scholarly Works

No abstract provided.

Economic Review Is Up To The States, Bruce Ledewitz

Ledewitz Papers

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

Confession Law Isn't Necessary, Bruce Ledewitz

Ledewitz Papers

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

The Power Of The President To Enforce The Fourteenth Amendment, Bruce Ledewitz

Ledewitz Papers

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

Edmond Cahn's Sense Of Injustice: A Contemporary Reintroduction, Bruce Ledewitz

Ledewitz Papers

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

Kentucky Law Survey: Domestic Relations, Louise Everett Graham

Law Faculty Scholarly Articles

The following article presents a survey of domestic relations law in the Commonwealth of Kentucky. During the survey period, the Kentucky appellate courts faced a series of cases that involved not only the usual problems relating to property division, post divorce support obligations and child custody, but which also implicated a number of federal statutory attempts' to regulate areas long considered solely the province of state regulation. The presence of new federal legislation in these areas represents Congressional attempts to solve some major difficulties in the domestic relations area. Few persons would argue, for example, that the battle for jurisdiction …

An Analysis Of Parental Rights In The Education Of Their Children, Marylou Brain Mundy

All Master's Theses

This study presents an analysis of the parental rights involved in the selection and direction of the education of their children.

Six kinds of source materials are examined in the study: (1) legal citations, annotations, and digests; (2) constitutions, laws, codes, statutes, rules, regulations, policies, and proceedings; (3) law reports, reviews and analyses; (4) general reading lists, books and periodicals; and (5) related graduate degree dissertations.

There were two major reasons for analysis of parents' rights in the affairs of learning and education of their children. They include (1) that many of the controversies involving parental rights have their roots …

Table Of Contents

Touro Law Review

No abstract provided.

The Infliction Of Harm Through The Publication Of Fiction: Fashioning A Theory Of Liability, Paul A. Lebel

Faculty Publications

No abstract provided.

The Copyright Notice Requirement In The United States: A Proposed Amendment Concerning Deliberate Omissions Of Notice, Lynn Mclain

All Faculty Scholarship

Outside the United States, many countries take the position that an

author owns the copyright to his or her work simply by virtue of having

created it; copyright protection is not conditioned on compliance with

notice or other formalities. 1 The United States, however, has historically

required copyright notice to be placed on works which are published.

Judge Friendly succinctly explained the American position: "The notice

requirement serves an important public purpose; the copyright proprietor

is protected so long and only so long as he gives effective warning to

trespassers that they are entering on forbidden ground.

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

Scholarly Works

No abstract provided.

Trespass, Nuisance, And The Costs Of Determining Property Rights, Thomas W. Merrill

Faculty Scholarship

The right to exclude intrusions by others, we have it on high authority, is "one of the most essential sticks in the bundle of rights that are commonly characterized as property." Yet the right to exclude is not one right; it is itself a collection or "bundle" of rights. With respect to property in land, for example, the right to exclude depends to a large extent on whether the intrusion in question is subject to the common law of trespass or of nuisance. Generally speaking, when the intrusion is governed by trespass, then there is no exception for de minimis …

Who Did In The Democrats?, Bruce Ledewitz

Ledewitz Papers

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

An Introduction To The Pennsylvania State Constitution, Bruce Ledewitz

Ledewitz Papers

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

South-Central Timber Development, Inc. V. Wunnicke: The Dormant Commerce Clause Fells Alaska's Primary Manufacture Requirement For The Sale Of State-Owned Timber, Robert A. Larsen

Northern Illinois University Law Review

An analysis of the Supreme Court's opinion in South-Central Timber Development, Inc. v. Wunnicke including a general commerce clause discussion and potential implications as a result of the decision.

Discrimination In Jury Selection Via Peremptory Challenge: Many Are Called, But Few Are Chosen, Robert Paul Arnold

Northern Illinois University Law Review

An overview of the law regarding the exercise of peremptory challenges to eliminate minority group members from jury participation. The primary focus of the article is a discussion of the Swain v. Alabama test enunciated by the United States Supreme Court and its application and/or reformation by subsequent state court decisions.

Expansion Of A Real Estate Broker's Duties: Is Easton V. Strassburger In Illinois' Future?, Kathryn J. Brown

Northern Illinois University Law Review

An examination of traditional causes of action available in Illinois for prospective purchasers of real estate against real estate brokers compared to a novel negligence standard applied to real estate brokers in California as adopted in Easton v. Strassburger.

Federal Courts And The Changing Role Of American Political Parties, Richard A. Brisbin Jr.

Northern Illinois University Law Review

Although the contention that American political parties have undergone fundamental changes in the past two decades has been intensely studied, one aspect of the transformation of parties has not received much attention. Since 1940 the legal role of parties as governmental institutions or their ad hoc constitutional status has been redirected by federal courts. This essay explores the nature of federal judicial interpretations of the role of parties in American governance. After an introduction to the function of parties in the governmental process, the demands for change in party status are described and the choices of judges in response to …

Lynch V. Donnelly: One Foot Off The Tightrope?, Jacqueline M. Gerber

Northern Illinois University Law Review

An in-depth study of the first amendment establishment clause and its application to the controversial decision in Lynch v. Donnelly with emphasis on how the Court used the Lemon test to uphold display of a city-funded creche during the Christmas holidays.

Protection Of Potential Human Life In Illinois: Policy And Law At Odds, Jeffrey A. Parness

Northern Illinois University Law Review

An examination of the decision in Roe v. Wade and the objectives underlying state protection of potential human life. This article examines the prevailing Illinois public policy and current Illinois law, as well as suggesting potential changes for total protection of potential human life.

An Attorney General Of Nova Scotia, J.S.D. Thompson, 1878-1882: Disparate Aspects Of Law And Society In Provincial Canada, P. B. Waite

Dalhousie Law Journal

Historians are apt to be omnivorous animals, and they can be nourished by all kinds of research. This cheerful eclecticism has the disadvantage of being dangerously subject to naivet6, a disposition which greets as discovery what to others is obvious. Lack of legal training might further lead to some crashing legal solecism; certainly the temerity of this adventure resembles that of a celebrated premier of Alberta who, in 1937, took on the portfolio of attorney general-not only without being a lawyer, but without one iota of legal education whatever. Perhaps, since he had once been head of the Calgary Prophetic …

The Judicial Development Of The Parent-Child Testimonial Privilege: Too Big For Its Britches?, Gregory W. Franklin

William & Mary Law Review

No abstract provided.