Public Affairs, Public Policy and Public Administration Commons^™

A Mental Patient's Right To Vote: An Analysis Of The Wild Case, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article is an analysis of the Wild case that was heard on 15 June 1976 by Judge Lloyd Jones of the County Court, Warrington.

In order to vote, the person's name must appear on the register of electors as a resident of a particular locality. Any place where the elector legitimately resides (even a hostel, a general hospital or a university) may be used as an address which qualifies a person for entry onto the register. The one exception is found in section 4(3) of the Representation of the People Act 1949, as amended by the Mental Health Act, …

Sales Law And Inflations, Alan Schwartz

Articles by Maurer Faculty

No abstract provided.

The Flood Disaster Protection Act Of 1973: A Rational Approach To Flood Damage Prevention, Larry J. Wilson

IUSTITIA

Throughout history, man has utilized rivers for water supply, transportation, power generation, and waste disposal. This strong relationship has encouraged the location of human settlements near rivers and streams despite the risk of periodic flooding. The modern technology of transportation and public services has reduced the necessity for riverside locations, but the development of flood plains in urban areas has continued, resulting in the periodic loss of human life and property when flooding has occurred. Within the United States, flooding has taken over 5000 lives in the last fifty years and causes an estimated $1.25 billion in property damages annually.' …

Collective Hindsight: A Review Of The Grass Roots Primer, Jenifer Robison

IUSTITIA

What do you do when the U. S. Army Corps of Engineers announces that its solution to the hurricane "problem" in New York (four major hurricanes in 200 years) is to build a wall around Coney Island? How do you fight it when a local landowner secures a zoning variance so he can open a game farm whose main access (for its projected 300,000 visitors in 100,000 cars) is the only street in your tiny village? In the days before the citizen's suit provisions of the present environmental laws there was very little recourse for people outraged by plans like …

Détente And South Asia, Archer K. Blood

The US Army War College Quarterly: Parameters

No abstract provided.

Pesticide Regulation And The Farm Worker, R. Craig Loveless

IUSTITIA

It has long been recognized that many pesticide products offer a potential hazard, which if unregulated, may result in injury or death. The development of highly toxic pesticides during the last decade has created a need for stricter regulation of pesticide use in the agricultural community. Specifically, the farm worker of today is in need of legislative protection from exposure to deadly chemical agents now being used to control pests and disease in the fields and orchards. Regulating the handling and use of these dangerous pesticides is but one way to protect the farmer, the farm worker, and the environment. …

Disqualification For Bias- Indiana In Prespective, John Philip Updike

IUSTITIA

In 1943, the Indiana Legislature created a Stream Pollution Control Board;' in 1961, it created an Air Pollution Control Board; and then in 1972, the Legislature created an Environmental Management Board to coordinate and facilitate the efforts of the air and stream boards. The concern within the State Legislature for the environment reaches back more than two decades, and it would appear that the policy of the State is to become progressively more active in this area. However, the effectiveness of State programs to protect the Hoosier environment is necessarily dependent upon the dedication of those persons sitting on the …

God And Government At Yale: The Limits Of Federal Regulation Of Higher Education, Robert M. O'Neil

Articles by Maurer Faculty

No abstract provided.

The Legal Process In Foreign Affairs: Military Intervention -- A Testing Case, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Federal And State Regulations Pertaining To Systematic Collections. I. A Case Of Inadvertent Violation Of Federal Regulations, Jerry R. Choate, Hugh H. Genoways

University of Nebraska State Museum: Mammalogy Papers

On 25 April 1975, at the twenty-second annual meeting of the Southwestern Association of Naturalists (SWAN), at the University of Oklahoma Biological Station, President Keith A. Arnold appointed Jerry Choate to investigate current regulations pertaining to collection and transport of scientific specimens in the region of representation (including Mexico) or SWAN. This charge involves both Federal and State laws, several of which are undergoing change and many of which doubtlessly are not familiar to the membership of SWAN. In order that SWAN members might be made aware of these regulations and not unwittingly commit violations, it was decided that SWANEWS …

Executive Powers: The Role Of The Supreme Court In An Expanding Presidency, Gale M. Filter

All Student Theses and Dissertations

In the "Pacificus-Helvidius" debate of 1793, Alexander Hamilton locked horns with James Madison in a classic exchange of broadsides on the issue of express versus inherent executive powers. In his interpretation of presidential powers, Hamilton sows the seeds for an argument which justifies the exercise of executive powers in combating situations of domestic emergency and in matters concerning the general welfare or public interest. The seeds of this theory took firm root more than sixty years later in the administration of Abraham Lincoln. Subsequently, the growth of these roots was stimulated by the Supreme Court's decisions in the famous cases …

Response To Henkin, Thomas Ehrlich

Articles by Maurer Faculty

No abstract provided.

Private Markets And Social Control, Lloyd D. Orr

IUSTITIA

The continuing failure of society to deal adequately with its problems has led to criticism that goes beyond the imperfections of a fundamentally sound social organization. Individual economic incentive and private markets, the basics of our economic organization, are condemned as inherently destructive of desirable social goals. It may be that such criticism is naive with respect to the basic history of economic organization and the prospects for meaningful alternatives. It also may be that the "solutions" offered are frequently more authoritarian than the critics allege the present system to be. We are still left to ponder the vital, long-standing, …

From Stockholm To Nairobi To Caracas: Route Toward A New International Law?, Lynton K. Caldwell

IUSTITIA

In the future, as in the past, one function of international law will be to formalize and clarify procedures to deal with emergent problems. The international environmental developments noted in this paper, e.g. global monitoring, supervision of the seabed, protection of endangered species, resource allocation, and many others, will require institutional arrangements differing from those with which nations have had experience. Innovation in legal principles and procedures is an almost certain consequence of such developments. Innovations in principle have been among the more obvious outputs of the international environmental conferences and programs since 1968. As these principles are translated, often …

New Incentives For Middle Class Philanthropy: Radical Funding For The Public Good, Samuel M. Loescher

IUSTITIA

The recent expansions in membership and budget of the American Civil Liberties Union and, even more dramatically, the explosive funding by mail of newly-founded Common Cause and Public Citizen, all suggest the presence of evolutionary forces at work in the American political economy that are encouraging a renewal of middle class associations to monitor powerful institutions and to advocate in behalf of the relatively powerless.

The rash of whistle-blowing disclosures of citizen professionals which have alerted us to the multi-billion dollar wastage on C-5As and attack carriers, the existence of My-Lais, the military assemblage of dossiers on 30 million civilians, …

Sexism In Special Education, Patricia H. Gillespie, Albert H. Fink

IUSTITIA

The educational establishment is now reflecting the concerns of womanhood. Grudgingly, and even painfully, it seems to some, the large and complicated system of formal education acknowledges the existence of practices which are sexist both in conception and operation. At one level this sexism is directed, at many levels of awareness, toward the functionaries of the system. The economic oppression of teachers, who are mostly female, is an obvious expression of the phenomenon. Another benchmark is the limited career development opportunities available to women as educational managers and academics.

At yet another level, not the less dangerous for being more …

Fluoridation Facts: Answers To Questions About Fluoridation (1974), American Dental Association

Patient Dental Health Education Materials 1929-1981

No abstract provided.

The Constitutional Right To Free Communication Of The Institutionalized Resident, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

This article comes from the notes and comments section of the North Carolina Central Law Journal from 1973.

Justified by the generic first amendment protection to unabridged expression and association, a United States citizen cannot be unreasonably denied the right to communicate by mail; by telephone; with legal counsel; with the opposite sex; with others. In most states where such a citizen becomes "mentally ill," the person may be involuntarily civilly committed. Although there is no justification for such a commitment beyond the fact that the individual is sick and is in need of care, often the individual's first amendment …

Book Review. Nepa In The Courts: A Legal Analysis Of The National Environmental Policy Act By F. R. Anderson, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Marijuana Laws, George Moscone

Senator Moscone

Moscone's statement on decriminalizing marijuana

Strategies For Change: Migrant Workers In Indiana, Louis Rosenberg

IUSTITIA

There are enormous problems which beset migrant workers throughout America. In an effort to come to grips with conditions of the downtrodden in Indiana a symposium was held recently on the campus of Indiana University which dealt with possible mechanisms for changing the inhuman plight of the farm worker. Wages, housing, and working conditions are major areas which account for the debased and squalid situation of the worker.

Exploitation Of Migrants By Crew Leaders: A Proposal For Change, Roberta Getman

IUSTITIA

The agricultural industry, because of seasonal nature of crops, is unique in its use of labor. The required labor force fluctuates not only from year to year but from week to week, and day to day. Not as many laborers are required to weed and cultivate as are needed to plant and harvest. Inclement weather reduces the need for workers. The grower in Indiana needs an efficient means for ensuring a supply of labor for each season. Each spring between fifteen and twenty thousand Mexican- Americans come to Indiana to plant, cultivate, and harvest its crops. Traditionally, the work force …

Protest: A Forensic Concept, L. Michael Kosanovich

IUSTITIA

Today's police administrators need administrative policy statements that can be easily followed by individual officers in reacting to civil disorders.' Historical analysis reveals a system in which the police have deepened racial divisions in the United States by failing to cope with problems in ghetto areas. Employing careless policies, sometimes initiated by the police chief and other times initiated by the individual officer, the police have shown weaknesses in two major areas. First, the police have no established procedures to follow when civil disturbances erupt. Second, the police have over-reacted to civil disturbances, apparently manifesting anti-black fury by means of …

How Citizens Can Use The Initiative Power, Robert L. Scott

IUSTITIA

The purpose of this discussion is to demonstrate how the initiative power may be employed by citizens wishing to pass a law independent of the state legislature. Although the initiative power is granted in many state constitutions, in the past it has been used sparingly. However during these days of political activism the initiative power has been given new vitality. For example, in the area of environmental law it has been employed by citizens groups in such states as California, Illinois, and Wisconsin to reserve greater individual rights against environmental polluters.

Impoundment Of Funds: Uses And Abuses, Louis Fisher

Buffalo Law Review

No abstract provided.

Reallocation Of Responsibilities And/Or Financing For Selected Municipal Services To The State: A Municipal Finance Alternative, Joseph S. Slavet, Katharine L. Bradbury, Philip I. Moss, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

This report recommends that the administration and/or financing of a selected group of public services be shifted from municipalities to the state government in Massachusetts.

Several criteria are used to identify local functions and local fiscal responsibilities which are more suitable for state than local financing. The first criterion is the efficiency of delivery of the service: for some functions, such as solid waste disposal, technology makes it more costly per capita to provide the service separately through individual municipalities than to operate regionally-based waste disposal facilities. The second criterion is the degree to which residents of the service area …

The Ombudsman Plan. By Donald C. Rowat., Sheldon Repp

Buffalo Law Review

No abstract provided.

Can The Town Of Ramapo Pass A Law To Bind The Rights Of The Whole World?, Fred P. Bosselman

All Faculty Scholarship

No abstract provided.

Substandard Housing And The Cost Of Providing Housing-Related Services, David Podoff, Daniel A. Primont, Louis Esposito, Boston Urban Observatory, University Of Massachusetts Boston

Boston Urban Observatory Publications

Designed as a comparative undertaking by the National League of Cities (NLC) , this study is officially entitled "National Research Agenda Project No. 5: Substandard Housing and the Cost of Providing Housing-Related Services." A similar study was carried out by the urban observatories in Denver and Nashville. According to the study scope of services, the NLC was interested in the cost of "a wide variety of local government activities ... required to support and service urban housing," and how these costs "are affected by housing quality, housing location, age and type of structures. ..." It was also suggested that attention …

Literature And Law: How The Literary Quality Of A Political Statement Has Affected The Development Of Law In Tanzania, Robert L. Scott

IUSTITIA

The purpose of this inquiry is to demonstrate how the literary qualities of a political statement have contributed to the legal and economic development of an African nation.

It is my contention that a literary statement* is a useful tool in representing the process of events in a manner which reproduces the quality and character of the underlying reality. This more accurate reality is derived from the perspective of the artist who writes out of an experience common to his people, even though his expression is essentially a personal one: he writes according to his own sensibilities and is not …