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Articles 1921 - 1950 of 1952
Full-Text Articles in Law and Society
Actual Damages Recoverable For Loss Of Credit Or Injury To Credit Reputation If Proven Natural, Probable, And Foreseeable Consequence Of Breach., Sharon Callaway
Actual Damages Recoverable For Loss Of Credit Or Injury To Credit Reputation If Proven Natural, Probable, And Foreseeable Consequence Of Breach., Sharon Callaway
St. Mary's Law Journal
Abstract Forthcoming.
Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields
Injection Of Contaminated Drug By Hospital Employee Sufficient To Constitute Sale Of Product For Purposes Of Implied Warranty., James D. Shields
St. Mary's Law Journal
Abstract Forthcoming.
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
Control Group Test Unacceptable As Standard For Assertion Of Attorney-Client By Corporations., Thomas D. Anthony
St. Mary's Law Journal
Abstract Forthcoming.
The Legal Status Of Women In Alabama, Ii: A Crazy Quilt Restitched, Marjorie F. Knowles
The Legal Status Of Women In Alabama, Ii: A Crazy Quilt Restitched, Marjorie F. Knowles
Faculty Publications By Year
No abstract provided.
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
Declaratory Judgments In Texas - Mandatory Or Discretionary., Robert W. Calvert
St. Mary's Law Journal
Abstract Forthcoming.
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
Offensive Collateral Estoppel And Products Liability: Reasoning The Unreasonable., Kurt Erlenbach
St. Mary's Law Journal
Abstract Forthcoming.
Neither Conservation Amendment Nor Police Power Of State Justifies The Taking Of Vested Riparian Rights Without Compensation Under Texas Water Rights Adjudicated Act Of 1967., Janet M. Drewry
St. Mary's Law Journal
Abstract Forthcoming.
Civil Procedure - In Personam Jurisdiction - In Personam Jurisdiction May Be Exercised Over A Foreign Corporation Which Has Engaged In Continuous And Substantial Business Transactions In Texas For Cuases Of Action Unrelated To Those Transactions., David H. Brock
St. Mary's Law Journal
Abstract Forthcoming.
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
Bona Fide Seniority Systems Adopted Before And After Civil Rights Act Of 1964 Are Immune From Attack Unless Result Of Intention To Discriminate., Diane M. Weidert
St. Mary's Law Journal
Abstract Forthcoming.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
Overview: Plea Bargaining In Texas., Phillip R. Spicer Jr.
St. Mary's Law Journal
Abstract Forthcoming.
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
Sixth Amendment Right To Speedy Trial Does Not Apply During Interim Between Dismissal Of Charges And Subsequent Indictment By Same Sovereign., Nancy Nowlin Kerr
St. Mary's Law Journal
Abstract Forthcoming.
City Zoning: The Once And Future Frontier, Michigan Law Review
City Zoning: The Once And Future Frontier, Michigan Law Review
Michigan Law Review
A Review of City Zoning: The Once and Future Frontier by Clifford L. Weaver and Richard F. Babcock
A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh
A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh
Scholarly Works
This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …
The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler
The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler
Michigan Law Review
Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.
Education And The Law: State Interests And Individual Rights, Michigan Law Review
Education And The Law: State Interests And Individual Rights, Michigan Law Review
Michigan Law Review
No government activity exerts a more pervasive influence on Americans for a longer period of their lives than the regulation of education. The state seeks through its educational system to achieve two goals: the development of the basic reading, writing and other academic skills that any productive member of society must possess; and the inculcation of values deemed essential for a cohesive, harmonious and law-abiding society. Basically, through uniformity and standardization of the education experience the state attempts to guarantee that children will not become liabilities to society and that a minimal acceptance of shared values and norms will be …
Bail In Missouri Revisited, Mark Berger
Bail In Missouri Revisited, Mark Berger
Faculty Works
During the early part of the 1960's, interest in the civil rights movement generated concern over the inequities of bail administration. In the latter part of the decade the same problems were revealed in major studies of the nation's criminal justice system. Contributions to the legal literature in this period, encompassing statistical and evaluative studies as well as academic analysis, helped to focus further attention on bail. Moreover, a major effort was undertaken by the United States Department of Justice to promote the sharing of bail program information and ideas. There are signs, however, that some of the earlier interest …
The Evolution Of Law In The Barrios Of Caracas, Robert C. Means
The Evolution Of Law In The Barrios Of Caracas, Robert C. Means
Michigan Law Review
A Review of The Evolution of Law in the Barrios of Caracas by Kenneth L. Karst, Murray L. Schwartz, and Audrey J. Schwartz
Environmental Law And Construction Project Management, Michael S. Baram
Environmental Law And Construction Project Management, Michael S. Baram
Faculty Scholarship
Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …
Jury Selection In The State Of Indiana, Public Law Reform Organization
Jury Selection In The State Of Indiana, Public Law Reform Organization
IUSTITIA
The task force was aware of some criticisms of the method of selection of jurors in Indiana courts, raised primarily by attorneys in motions and appellate briefs. A few court cases in Indiana, the federal courts, and other states, had also indicated possible constitutional flaws in a system of juror selection such as Indiana's. With an awareness of these complaints and possible defects, the organization conducted an empirical study of juror selection in Indiana in an attempt to find out how jurors are selected in actual practice, and then began legal research to determine if, in fact, there are legal …
Legal Knowledge Of Michigan Citizens, Michigan Law Review
Legal Knowledge Of Michigan Citizens, Michigan Law Review
Michigan Law Review
This empirical study of the legal knowledge of Michigan citizens arose in response to the paucity of research in the area, especially in Michigan, where no such study had previously been conducted, and the contradictory findings of those earlier studies that had been conducted. Its findings may have implications for future efforts to educate the public and may provide some clues as to whether and why certain segments of the population are deficient in legal knowledge.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Federalizing Through The Franchise: The Supreme Court And Local Government, R. Perry Sentell Jr.
Scholarly Works
Decisionmaking at the local government level has been significantly affected by both national legislation and federal court decisions seeking to protect the right to vote. Indeed, Professor Sentell feels that the Supreme Court, through decisions invalidating restrictions on the franchise, has involved itself to an unparalleled degree in heretofore purely local affairs. In examining these decisions, the author queries if legitimate voting regulations may be now imposed by local governments. In so doing he focuses upon the Court's equal protection analysis of extraordinary majority vote requirements and elections restricted to certain segments of the electorate and upon the expansive judicial …
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Hawkins V. Town Of Shaw: The Court As City Manager, C. Ronald Ellington, Lawrence F. Jones
Scholarly Works
For over one hundred years Congress and the federal courts have pursued the goal of racial equality in the United States. In areas such as voting rights, public accommodations, and housing, Congress and the courts have interacted closely, with broad judicial interpretations upholding major remedial legislation. Moreover, when confronted by official state sources of racial discrimination, courts have traditionally responded to the clear command of the equal protection clause of the fourteenth amendment without awaiting congressional action. Brown v. Board of Education stands as perhaps the best known instance in which a court has, on its own, ordered the elimination …
Book Review, David Getches
Metropolitan Problems And Local Government Structure: An Examination Of Old And New Issues, Daniel R. Grant
Metropolitan Problems And Local Government Structure: An Examination Of Old And New Issues, Daniel R. Grant
Vanderbilt Law Review
At a time when our leading popular magazines are featuring cover headlines on "The Sick, Sick Cities," and articles on their"Battle for Survival" it seems appropriate to examine some old and new issues concerning the relationship of metropolitan problems to local government structure. The journalists who write such articles probably hear a great deal about the frustrating legal and political obstacles to achieving more rational forms of government for our exploding, strife-torn metropolitan areas. They probably do not hear, however, that political scientists are divided on such questions as the reality of "metropolitan-type" problems and the feasibility of area-wide metropolitan …
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
Constitutionality Of The Illinois Draft Card Burning Act, Robert J. Dyer Iii
University of Michigan Journal of Law Reform
Pre-emption, a doctrine based on Article VI of the United States Constitution (the “Supremacy Clause”), considers “…the validity of state laws in the light of… Federal laws touching on the same subject.” Where state and federal laws embrace the same subject matter the question is whether Congress intended to preclude state legislative participation in the area or to allow concurrent power. If Congress did intend to preclude state legislation on the subject, the state law must be struck down as a violation of Article VI. Where there is no directly expressed Congressional intent the Court must discover that intent, and …
Persuader: Mobilization Of Support, Mary Ann Beattie
Persuader: Mobilization Of Support, Mary Ann Beattie
University of Michigan Journal of Law Reform
Law reform can be achieved through precedent-setting case law and through legislation. Each is a time-consuming activity with its own stumbling blocks. To establish law through the case method, one must have a fact situation directly on point with the inequity which one is trying to remedy. In many situations the client must be willing to follow through a long process of trial and appeal, instead of settling for a more immediate but incomplete resolution of his problem. The costs of litigation may become an insurmountable problem. Another difficulty with the test case as a vehicle for law reform is …
Draftsman: Formulation Of Policy, Carl Schier
Draftsman: Formulation Of Policy, Carl Schier
University of Michigan Journal of Law Reform
Most low income families rent their living accommodations; for them the lease arrangement is a precarious one at best. It is generally a periodic tenancy from week to week or month to month with the agreement rarely reduced to writing. If the allocation of rights and duties between the parties is spelled out by them at all, it is quite one-sided and normally delineates only what the tenant may and may not do. When there is no written agreement or when the writing is silent as to the obligations of the parties, the common law of landlord and tenant controls, …
Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady
Silverstein: Defense Of The Poor In Criminal Cases In American State Courts, John F. Grady
Michigan Law Review
A Review of Defense of the Poor in Criminal Cases in American State Courts by Lee Silverstein
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Constitutional Law- Zoning - Private High Schools Excluded From Zone In Which Public High Schools Permitted, William D. Keeler S.Ed.
Michigan Law Review
Among the uses permitted in the "A" residence zone by the Wauwatosa, Wisconsin zoning ordinance were "(e) Public Schools and Private Elementary Schools." The city building inspector denied to plaintiff, a private, non-profit religious corporation, a permit for the construction of a private high school in that zone. Plaintiff brought an action in mandamus to compel the issuance of such a permit, alleging that the ordinance deprived plaintiff of property without due process of law, and denied to it the equal protection of the laws guaranteed by the Fourteenth Amendment. The lower court granted the writ. On appeal, held, …
A Sterilization Statute For Kentucky?, George T. Skinner
A Sterilization Statute For Kentucky?, George T. Skinner
Kentucky Law Journal
No abstract provided.