Public Law and Legal Theory Commons^™

State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond

University of Richmond Law Review

FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …

The Decline Of The Rehabilitative Ideal In American Criminal Justice, Francis A. Allen

Cleveland State Law Review

At this point I am going to advance a proposition. It is an analytic proposition, not an empirical statement, and relates to what characteristics a society must possess in order to maintain a flourishing rehabilitative ideal. Then I shall try to test that proposition by looking at two very different societies in which the rehabilitative ideal flourished. Finally, I shall ask whether those conditions are satisfied in modem America. My proposition is in two parts. First, you cannot have a flourishing rehabilitative ideal unless the society as a whole has a strong faith in the malleability of human behavior and …

1978-1979 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 6

Faculty – p. 6

Yeshiva University: History and Purpose – p. 13

Benjamin N. Cardozo School of Law: History and Purpose – p. 14

Program – p. 15

Degree Requirements – p. 15

Student Activities – p. 16

Admission – p. 17

Regulations – p. 19

Student Finances – p. 24

Description of Courses – p. 28

Alphabetical Index of Courses – p. 37

General Index …

Prison Inmate Marriages: A Survey And A Proposal, Jackson M. Bruce, John M. Claytor, Herman C. Daniel Iii

University of Richmond Law Review

This comment explores one facet of the issue of inmate civil rights: the right to marry. An analysis will be made of the current situation nationwide with particular emphasis on Virginia, including proposed guidelines for Virginia's Department of Corrections that reflect the current national trend with regard to inmate marriages.

Perceptions Of Indian Tribal Leaders Regarding The Indian Self-Determination Act (Public Law 93-638), Ramona O'Connor

Dissertations and Theses

This study is an analysis of a policy, The Indian Self-Determination Act (Public Law 93-638), and consists of a survey designed to examine the perceptions of selected Indian tribal leaders regarding the policy. The findings of the survey are reviewed and analyzed and the study is concluded with a consideration of the implications of the findings for social work. In general, the study is concerned with an aspect of the social policy process. A specific policy is addressed and a survey of perceptions of people effected by that policy was taken. The policy itself is an indication of a seemingly …

Litigant Access Doctrine And The Burger Court, Tinsley E. Yarbrough

Vanderbilt Law Review

The decisions of potentially most far-reaching significance, however, are the Burger Court's pronouncements concerning the nature and application of the personal injury standard in the field of standing, the status of public action lawsuits, and the propriety of federal district court intervention in state judicial proceedings. This Article critically analyzes the Court's developing position in each of these areas and suggests that in each its doctrinal stance is conceptually weak, rarely serves the functions that it ostensibly was designed to perform, and is extremely vulnerable to capricious application.

Law In Modern Society: Toward A Criticism Of Social Theory. By Roberto Mangabeira Unger., Richard D. Schwartz

Buffalo Law Review

No abstract provided.

Metaphors And Models Of Law: The Judge As Priest, Philip Soper

Michigan Law Review

The reasons that prompt people to try to identify laws or legal systems in advance of encounter are varied. One is that laws, though less concrete than chairs, are equally capable of posing obstacles to conduct: they can be stumbled over. If the desire to avoid such contact were the sole reason for trying to decide "what law is,'' Holmes' aphorism would work fairly well: by predicting judicial decisions and calculating the likelihood of avoiding accompanying sanctions, one could play a good game of "bad man's" bluff around legal obstacles to chosen courses of action.

The claim that law is …

Balancing The Scales Of Justice: Financing Public Interest Law In America. By The Council For Public Interest Law. Washington, Dc. 1976. Pp. Xvi, 361. $3.50 Paper, Robert L. Graham

Loyola University Chicago Law Journal

No abstract provided.

1977-1978 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 5

Faculty – p. 6

Yeshiva University: History and Purpose – p. 10

Benjamin N. Cardozo School of Law: History and Purpose – p. 11

Program and Degree Requirements – p. 12

Student Activities – p. 13

Regulations – p. 14

Admissions – p. 17

Student Finances – p. 18

Description of Courses – p. 20

Index – p. 25

Gifts and Bequests – p. 27

University …

Legal Theory And The Obligation Of A Judge: The Hart/Dworkin Dispute, E. Philip Soper

Michigan Law Review

This article offers a review of the Hart-Dworkin dispute and a qualified defense of the positivist's model against Dworkin's attack. The defense is cast primarily in the form of the second possible response to a descriptive theory: Dworkin's attack fails, I suggest, because it involves descriptive claims that can be accommodated to the positivist's conceptual theory regardless of one's view about the plausibility of those claims.

Public Employee Collective Bargaining In Virginia: Perspectives And Direction, Frederick R. Kozak

University of Richmond Law Review

In order to appreciate the problems and challenges presented by public employee collective bargaining, one should first consider the tremendous growth of the public sector in recent decades. In 1946, there were approximately six million persons employed at all levels of government. By 1974, the total stood at nearly fifteen million. The number of state and local government employees rose from about three and one-half million in 1946, to over eleven and one-half million in 1974.

The Aggregate Interest In Shared Respect And Human Rights: The Harmonization Of Public Order And Civic Order, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

The "Public Interest" And Bank And Savings And Loan Expansion In Virginia, David Parcell, Richard D. Rogers

University of Richmond Law Review

In the past, two phrases have been the subject of much evidence and legal argument in proceedings before the Virginia State Corporation Commission (SCC). The two phrases are public need and public convenience and necessity. Application of these two phrases has controlled the formation of new financial institutions and the expansion of existing ones. In 1976, the Virginia General Assembly eliminated in part these two phrases and in their place substituted a single phrase- public interest

Recent Developments In Attorneys' Fees, W. Perry Brandt, Pendleton C. Waugh, Richard C. Stark Special Project Editor

Vanderbilt Law Review

Special Project--

Recent Developments in Attorneys' Fees

In recent years, the subject of attorneys' fees has become the focal point of pressures to improve the accessibility of legal services for those unable to pay large fees. Courts, scholars, and special interest groups have examined in detail the relationship between fees and the ability to assert legal rights. This increased scrutiny has led to the elimination of minimum fee schedules, the criticism of and possible relaxation of restrictions on fee advertising, and the establishment of maximum contingent fee schedules by court rule. Private enforcement of newly enacted federal statutes against private …

Protecting The Appalachian Trail In Maine, University Of Maine At Portland - Gorham

Maine Collection

Protecting the Appalachian Trail In Maine

A Handbook Compiled by the Allagash Environmental Institute, Center for Research & Advanced Study, University of Maine Portland - Gorham, 1976.

Directed & edited by Patricia Solotaire.

Contents: The Project Itself / The History of Trail Agreements in Maine / The Landowner's Duty to Hikers and Campers / History and Description of the Statutory Protection of the Appalachian Trail / An Overview of Tax Considerations / Land Protection Devices / Using the Information / Bibliography / Footnotes / Appendices

Book Review, Arthur R. Landever

Cleveland State Law Review

This review discusses two texts by Roberto Mangabeira Unger - Knowledge and Politics and Law in Modern Society: Toward a Criticism of Social Theory. In first of these writings the author attacks classical liberalism. He believes that liberalism often contradicts itself and falsely categorizes the goals of individuals as being focused on independence from society. The second of these texts uses historical and global content in order to better understand modern social theory and the ties that keep society going.

Book Review: Urban Homesteading, John E. Mogk

Law Faculty Research Publications

No abstract provided.

Preferences In Public Employment, Robert Vaughn

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: Open and competitive examination is generally perceived as the surest method of ensuring that public employees are selected on the basis of their merit and ability. Since the Pendleton Act of 1883, legislation has continually attempted to implement the view that efficient and impartial public sector employment requires that qualifications be demonstrated in an objective examination. But blacks, women and other minorities have been systematically excluded from public employment. This exclusion has resulted not only from bias in the examination, but also from other less visible aspects of the appointment process which supplant strict merit selection.

The Multiemployer Concept In The Public Sector, Louis B. Kimmelman

Faculty Scholarship

No abstract provided.

A Review: The Interaction Of Law And Religion, Frona Powell

IUSTITIA

In 1971 at Boston University, Harold J. Berman, Story Professor of Law at Harvard Law School, delivered four lectures in the series of Lowell Lectures on Theology. This book is comprised of those lectures with an introduction, postscript, and annotations. One would hope that Berman's analysis of the interaction of law and religion would provide insight into an area which is often neglected by modern jurisprudents. Unfortunately, it does not.

Those who are members of the legal profession as well as those who are not, are aware of the fact that the legal system does not always function properly. In …

Non-Conforming Political Opinion And Human Rights: Transnational Protection Against Discrimination, Myers Mcdougal, Harold Lasswell, Lung-Chu Chen

Articles & Chapters

No abstract provided.

Keeping Pace With Change - New Vistas For Lawyers, James D. Fellers

North Carolina Central Law Review

No abstract provided.

Class Actions In Illinois: A Viable Alternative To Federal Rule 23, 8 J. Marshall J. Prac. & Proc. 113 (1974), Michael J. Meyer

UIC Law Review

No abstract provided.

Open Meetings In Virginia: Fortifying The Virginia Freedom Of Information Act

University of Richmond Law Review

The past two decades have evidenced a growing criticism and intolerance of "closed sessions" or "secret meetings" in the operation of government. As a result of this increased disapproval, most states enacted some form of "open meeting" legislation designed to give the public a legal right to attend meetings of state and local governing bodies. The purpose of these statutes has been to maintain the faith of the public in governmental agencies by allowing citizen attendance and participation in all phases of the decision making process. Citizens must be able to go behind the decisions of government and hear discussion …

Kewanee Oil Co. V. Bicron Corp., Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Public Law And Political Science: Subfield Or Subterfuge?, William Carl Louthan

Journal of Legal Education

No abstract provided.

Commentary: The Rules Of Law And The Point Of Law, Thomas Morawetz

Faculty Articles and Papers

No abstract provided.

Digest Of Important Canadian Cases Reported In 1972 In The Fields Of Public International Law And Conflict Of Laws, Jean-Gabriel Castel

Articles & Book Chapters

No abstract provided.

Whither The Concept "Affected With A Public Interest"?, Sterry R. Waterman

Vanderbilt Law Review

We of the law and we who administer the law are challenged today more acutely than ever before. Many serious-minded people question whether the law is or can ever be an instrumentality of social justice.Many of our citizens believe that, irrespective of the precepts of the law,the administration of the law frequently has been used as a device to frustrate the legitimate aspirations of those seeking to participate as equals with other Americans in the benefits of American society. The inclusion of more and more activities as activities "affected with the public interest" is evidence that there are some who …