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Articles 4141 - 4170 of 4233

Full-Text Articles in Public Law and Legal Theory

The Concept Of Privacy And The Fourth Amendment, Steven C. Douse Jan 1972

The Concept Of Privacy And The Fourth Amendment, Steven C. Douse

University of Michigan Journal of Law Reform

This Article attempts at a minimum to offer a common background and frame of reference for defining and comparing myriad facets of the law. If successful, they furnish a model for the integration of these many facets. This inquiry begins with an examination of the proposition that the essence of the fourth amendment is protection of a right of privacy. The concept of privacy is then defined and elaborated, both without and within the constitutional context. These conclusions are further extended in an exploration of mechanisms for defining the invasions and protection of fourth amendment privacy.

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A New Concept Of Consent And World Public Order, Stuart S. Malawer Jan 1972

A New Concept Of Consent And World Public Order, Stuart S. Malawer

Vanderbilt Journal of Transnational Law

There have been, however, many instances under traditional international legal theory when a state's consent has not been required. Professor Brierly, in a trenchant critique, has stated that consent as the basic concept of obligation under customary international law has involved no more than the use of a legal fiction. Moreover, the traditional notion of consent in treaty law has stated that any form of coercion on the state does not invalidate a treaty; freely given consent is not required. Furthermore consent by new states to existing rules of customary international law has been implied regardless of any actual consent. …

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Book Reviews, Jack S. Shackleton, James R. Saul Jan 1972

Book Reviews, Jack S. Shackleton, James R. Saul

University of Richmond Law Review

These are the book reviews from 1972.

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How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar Jan 1972

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …

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The Problem Of Social Cost Revisited, Donald H. Regan Jan 1972

The Problem Of Social Cost Revisited, Donald H. Regan

Articles

SOME years ago, in a paper entitled "The Problem of Social Cost," Professor Ronald Coase asserted and argued for a proposition which has since acquired the convenient sobriquet "the Coase Theorem." The proposition is: That in a world of perfect competition, perfect information, and zero transaction costs, the allocation of resources in the economy will be efficient and will be unaffected by legal rules regarding the initial impact of costs resulting from externalities. Note that there are two claims being made, which it is well to separate for purposes of discussion. The first claim is that, under the conditions described, …

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Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr. Jun 1971

Civil Liberties Repression: Fact Or Fiction?, Lewis F. Powell, Jr.

Powell Speeches

Article prepared for "Perspective" section of Richmond Times Dispatch as response to article by AP newsfeature writer Bernard Gavzer.

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New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr. Jan 1971

New York Abortion Reform And Conflicting Municipal Regulations: A Question Of Home Rule, Arthur F. Dobson Jr.

Buffalo Law Review

No abstract provided.

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Legislation—Personal Service Of Process—Has The Legislature Gone Far Enough?, John C. Spitzmiller Jan 1971

Legislation—Personal Service Of Process—Has The Legislature Gone Far Enough?, John C. Spitzmiller

Buffalo Law Review

No abstract provided.

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A Psycho-Analytic Peek At Conspiracy, Al Katz Oct 1970

A Psycho-Analytic Peek At Conspiracy, Al Katz

Buffalo Law Review

No abstract provided.

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Punishment And Responsibility In Aquarius, Leonard V. Kaplan Oct 1970

Punishment And Responsibility In Aquarius, Leonard V. Kaplan

Buffalo Law Review

No abstract provided.

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The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax Jan 1970

The Public Trust Doctrine In Natural Resource Law: Effective Judicial Intervention, Joseph L. Sax

Michigan Law Review

Public concern about environmental quality is beginning to be felt in the courtroom. Private citizens, no longer willing to accede to the efforts of administrative agencies to protect the public interest, have begun to take the initiative themselves. One dramatic result is a proliferation of lawsuits in which citizens, demanding judicial recognition of their rights as members of the public, sue the very governmental agencies which are supposed to be protecting the public interest. While this Article was being written, several dozen such suits were initiated-to enforce air and water pollution laws in states where public agencies have been created …

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Private Universities And Public Law, Robert M. O'Neil Jan 1970

Private Universities And Public Law, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

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Dangerousness: A Theoretical Reconstruction Of The Criminal Law, Al Katz Oct 1969

Dangerousness: A Theoretical Reconstruction Of The Criminal Law, Al Katz

Buffalo Law Review

No abstract provided.

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Drafting A New Penal Law For New York, Herman Schwartz, Richard Denzer, Jerome Skolnick Jan 1969

Drafting A New Penal Law For New York, Herman Schwartz, Richard Denzer, Jerome Skolnick

Buffalo Law Review

No abstract provided.

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Criminal Law Revision Through A Legislative Commission: The New York Experience, Herman Schwartz, Richard Bartlett Jan 1969

Criminal Law Revision Through A Legislative Commission: The New York Experience, Herman Schwartz, Richard Bartlett

Buffalo Law Review

No abstract provided.

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Public Assistance: Congress And The Employable Mother, James J. Graham Jan 1969

Public Assistance: Congress And The Employable Mother, James J. Graham

University of Richmond Law Review

The recent inauguration of a new Chief Executive in Washington, who has already indicated some willingness to try bold solutions to the twin problems of welfare and poverty,' may help create a more realistic political climate for liberals and conservatives. Both groups may be less eager to attribute spiraling increases in the "family" relief categories to personal delinquencies rather than economic circumstances.

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Harvey: Law And Social Change In Ghana, Max Rheinstein Jun 1967

Harvey: Law And Social Change In Ghana, Max Rheinstein

Michigan Law Review

A Review of Law and Social Change in Ghana By William Burnett Harvey

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The American Jury, By Harry Kalven, Jr. And Hans Zeisel Mar 1967

The American Jury, By Harry Kalven, Jr. And Hans Zeisel

Washington and Lee Law Review

No abstract provided.

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Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff Mar 1967

Commercial Treaties And International Trade Transactions In East-West Trade, Clive M. Schmitthoff

Vanderbilt Law Review

Operations of international trade law are transacted on two levels--that of public law and that of private law. This distinction is clearly drawn in the Report of the Secretary-General of the United Nations on "The Progressive Development of the Law of International Trade," a report which, it may be recalled, preceded the establishment of the United Nations Commission on International Trade Law (UNCI-TRAL) in December 1966. That report limits its ambit to the "law of international trade," which is defined as "the body of rules governing commercial relationships of a private law nature involving different countries." The report excludes from …

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Montgomery & Smithies: Public Policy, Jameson W. Doig Jan 1967

Montgomery & Smithies: Public Policy, Jameson W. Doig

Michigan Law Review

A Review of Public Policy Volume XIV. Edited by John D. Montgomery and Arthur Smithies

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Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney Mar 1966

Absolute Preferences In Municipal Civil Service Appointments: The Unresolved Conflict With Municipal Discretion, Thomas E. Swaney

Michigan Law Review

State legislatures have enacted civil service laws applicable to municipalities in order to ensure that local governments provide optimum services to their citizens. To achieve this objective, the laws restrict eligibility for public service positions to persons of proven qualifications. Although these statutes provide general guidelines for municipal employment procedures, final decisions as to the actual hiring of employees are generally left to the municipalities. This practice recognizes the advantages of permitting local officials who are intimately acquainted with the demands of government work in their particular localities to select employees at their own discretion. However, it has been deemed …

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Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D. Jan 1966

Schur: Crimes Without Victims: Deviant Behavior And Public Policy, Mauris M. Platkin M.D.

Michigan Law Review

A Review of Crimes Without Victims: Deviant Behavior and Public Policy by Edwin M. Schur

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The Politics Of Planning For Urban Redevelopment: Strategies In The Manipulation Of Public Law, Sheldon J. Plager, Joel F. Handler Jan 1966

The Politics Of Planning For Urban Redevelopment: Strategies In The Manipulation Of Public Law, Sheldon J. Plager, Joel F. Handler

Articles by Maurer Faculty

In this article Professors Plager and Handler examine the influence of legal process upon decision making in municipal redevelopment. Their thesis is that public acceptance of a redevelopment venture depends primarily on the command of political and planning skills and occurs despite rather than because of legal procedures designed to accommodate principles of democracy. Partly through the method of a case study of recent data collected from one municipality, partly by comparative analysis with other studies, they conclude that the reality of decision making in the region they explore is the predominance of informal power over formal, democratic, legal decision-making …

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Privacy In Connecticut, Arthur E. Sutherland Dec 1965

Privacy In Connecticut, Arthur E. Sutherland

Michigan Law Review

Occasionally a judgment of our Supreme Court, delivered in a superficially petty case, suddenly before our startled eyes displays fundamentals of our constitutional theory. Thus, in Griswold v. Connecticut, holding unconstitutional an 1879 Connecticut statute forbidding all persons to use contraceptive devices, the Court found it necessary to discover a "right of privacy" latent in the Bill of Rights and incorporated into the due process clause of the fourteenth amendment. The outcome of the case is satisfying; all nine Justices joined in saying, in one way or another, that Connecticut's statute was nonsense. I am happy to see this …

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The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr. Dec 1965

The Griswold Penumbra: Constitutional Charter For An Expanded Law Of Privacy?, Robert G. Dixon Jr.

Michigan Law Review

The comments that follow are divided into a brief review, for purposes of perspective, of the elusive nature of "privacy" as developed in American law to date, and an attempted rigorous analysis of the privacy aspects of Griswold. A final section suggests that effectuation of the new constitutional right of marital privacy necessarily or derivatively implies a corollary right of access to birth control information and devices-a right which should have been more clearly articulated by the Court.

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Nine Justices In Search Of A Doctrine, Thomas I. Emerson Dec 1965

Nine Justices In Search Of A Doctrine, Thomas I. Emerson

Michigan Law Review

To the ordinary layman, Griswold v. Connecticut seemed easy. But to the lawyer it was somewhat more difficult. The lawyer's problem with the case was that the issues did not readily fit into any existing legal pigeonhole. Actually, there were five possibilities. The case could have been dealt with under the equal protection clause, the first amendment, substantive due process, the right of privacy, or, in extremis, the ninth amendment. In order to strike down the statute under any of these doctrines, however, the Court would be forced to enter uncharted waters. Whatever course the Court took, its action …

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Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper Dec 1965

Penumbras, Peripheries, Emanations, Things Fundamental And Things Forgotten: The Griswold Case, Paul G. Kauper

Michigan Law Review

The varying theories followed in the several opinions in the Griswold case can be fully understood and appreciated only in the context of the tortuous but fascinating history of the judicial interpretation of the fourteenth amendment.

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The Right Of Privacy: Emanations And Intimations, Robert B. Mckay Dec 1965

The Right Of Privacy: Emanations And Intimations, Robert B. Mckay

Michigan Law Review

When Louis Brandeis and Samuel Warren wrote in 1890 of "The Right to Privacy," they sought a means of protecting against unwelcome newspaper attention to social activities in the Warren household. Addressing their argument to the private law of torts, they presumably did not anticipate constitutional protection for other rights under the claim of privacy. Nevertheless, seventy· five years later that concept, now called the "right of privacy," was used by the Supreme Court of the United States in Griswold v. Connecticut to describe a constitutional right. Some members of the Court said the new right was within the "penumbra" …

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Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd Mar 1965

Justice Joseph Story: A Study Of The Legal Philosophy Of A Jeffersonian Judge, Morgan D. Dowd

Vanderbilt Law Review

Few studies have sought to explicate the legal philosophy of Joseph Story despite his enormous reputation as scholar, Supreme Court justice and professor at the Harvard Law School. Worse still, there has been little critical analysis of nineteenth-century concepts and statements of the law.' The purpose of this essay, then, is to examine the validity of Story's legal theories and to evaluate his work as a major contributor to American public law. As a result of this study,it is hoped that progress can be made toward a greater understanding of the man, the justice, and his philosophy of law.

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Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach Feb 1965

Graves: American Intergovernmental Relations: Their Origins, Historical Development, And Current Status, Joseph E. Kallenbach

Michigan Law Review

A Review of American Intergovernmental Relations: Their Origins, Historical Development, and Current Status. By W. Brooke Graves.

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