Digital Commons Network^™

Leveling The Road From Borg-Warner To First National Maintenance: The Scope Of Mandatory Bargaining, Michael C. Harper

Faculty Scholarship

The Supreme Court's most recent effort to distinguish nonmandatory bargaining topics, First National Maintenance Corp. v. NLRB, ¹⁹ illustrates the Court's lack of clarity in this area and vindicates Cox's and Wellington's criticisms of the Court's approach in Borg-Warner. In First National Maintenance (F.N.M.), the Court held that an employer's decision "to shut down part of its business purely for economic reasons" was outside the scope of mandatory bargaining.²⁰ The Court could cite no evidence that Congress intended to prevent employee representatives from obtaining full effective bargaining over such decisions, nor did it articulate any general principle to …

Exercise Of Executive Discretion: A Study Of A Regional Office Of The Department Of Labor, Michael C. Harper

Faculty Scholarship

Writing for a recent symposium on empirical research in administrative law, Professor Paul Verkuil noted that such research "casts light on one of the dark corners of the law. The vast majority of administrative decisions are of the informal variety, meaning they take place outside the reach of generic administrative procedure acts and frequently outside the courts themselves."' We are only beginning to appreciate how vast is this dark corner and how varied the possible modes of illumination.

This essay casts some additional light into the corner by reporting on a study of the exercise of executive discretion by a …

The Law School Library: Its Function, Structure, And Management, Robert J. Desiderio

Faculty Scholarship

The law library has a special and unique importance because of the nature of our legal system and its role as a laboratory for anyone involved in a legal proceeding. Students, faculty, lawyers, judges, and lay persons cannot accomplish legal work without the library. Law libraries, in the process of transition, are planning or implementing computer-based retrieval systems and video devices for training and instruction. Law librarians have significant responsibilities for accurate information retrieval and teaching legal research techniques.

Employer Withdrawal From Multiemployer Bargaining--Charles D. Bonanno Linen Service V. Nlrb, Franklin G. Snyder

Faculty Scholarship

Large numbers of employers in this country, particularly small businesses, are members of multiemployer bargaining units. Historically, employers and unions have been able to withdraw from those units when the bargaining process has reached a stalemate. A recent decision of the United States Supreme Court, however, has made it more difficult for employers to withdraw from multiemployer units even in the face of a prolonged bargaining impasse. The decision, which settles a long-standing dispute between the National Labor Relations Board (Board) and several circuit courts of appeals, is a boon to labor unions, for it prohibits employer withdrawal in the …

Article 9 Security Interests As Voidable Preferences,Part Ii: The Floating Lien, Irving A. Breitowitz

Faculty Scholarship

No abstract provided.

National Product Liability Legislation: In Search For The Best Of All Possible Worlds, Aaron Twerski

Faculty Scholarship

No abstract provided.

Seizing The Middle Ground Between Rules And Standards In Design Defect Litigation: Advancing Directed Verdict Practice In The Law Of Tort, Aaron Twerski

Faculty Scholarship

No abstract provided.

Bargaining In The Shadow Of The Law: A Testable Model Of Strategic Behavior, Robert Cooter, Stephen G. Marks, Robert Mnookin

Faculty Scholarship

Part I describes the framework of the model. Part II discusses the domination of psychological effects by tangible variables, which is the basis for comparative statics. Part III explains the table of predictions, and Part IV applies the predictions to externalities and rules for real-locating payoffs from trial. There is little mathematics in the text. The mathematical reader can refer to the Appendix for a brief presentation of our model, or to a companion paper on file with this Journal which develops the mathematics at length.

Article 9 Security Interests As Voidable Preferences, Irving A. Breitowitz

Faculty Scholarship

No abstract provided.

State Court Power To Enjoin Federal Judicial Proceedings: Donovan V. City Of Dallas Revisited, Alan D. Hornstein, P. Michael Nagle

Faculty Scholarship

No abstract provided.

"Value" Judgments: Accounts Receivable Financing And Voidable Preference Under The New Bankruptcy Code, Neil B. Cohen

Faculty Scholarship

No abstract provided.

A Critique Of John Hart Ely's Quest For The Ultimate Constitutional Interpretivism Of Representative Democracy, James E. Fleming

Faculty Scholarship

Contemporary constitutional theory, John Hart Ely argues in Democracy and Distrust, is dominated by a false dichotomy between "clause-bound interpretivism" and "noninterpretivism." Clausebound interpretivists, such as the late Justice Hugo Black, believe that "judges deciding constitutional issues should confine themselves to enforcing norms that are stated or clearly implicit in the written Constitution" (p. 1). Noninterpretivists, such as the Supreme Court that produced the majority opinion in Roe v. Wade,2 contend that "courts should go beyond that set of references and enforce [substantive] norms that cannot be discovered within the four comers of the document" (p. 1). The genius of …

The Tax Benefit Of Bliss, Alan L. Feld

Faculty Scholarship

In recent years the Supreme Court has limited its substantive decisions in federal income tax matters.^I For the most part, the handful of tax cases it has considered each year deal with collection, liens, or other issues peripheral to doctrinal development in the tax area.² The Court's recent decision in Diedrich v. Commissioner,³ however, dealt with a realization question involving net gifts; and its grant of certiorari consolidating the cases of Bliss Dairy, Inc. v. United States and Hillsboro National Bank v. Commissioner⁴ promises a continuing interest in substantive tax law. Bliss Dairy will enable the …

Nonjudicial Foreclosure Under Deed Of Trust May Be A Fraudulent Transfer Of Bankrupt's Property: Durrett V. Washington National Insurance Co., Franklin G. Snyder

Faculty Scholarship

In theory, the substantive rights of secured creditors such as mortgagees are affected much less by bankruptcy proceedings than those of unsecured creditors. In practice, however, bankruptcy proceedings have affected mortgagees. Filing a bankruptcy petition automatically stays pending foreclosures. Trustees in bankruptcy also can set aside foreclosures of certain liens obtained by unsecured creditors and certain mortgages and deeds of trust executed in the year preceding bankruptcy. The decision in Durrett adds yet another weapon to the bankruptcy trustee's arsenal: the power to void nonjudicial foreclosure sales even though the sale is proper and final under state law.

Foreign Investors Real Property Tax Act: Historical Perspective And Critical Evaluation, William D. Metzger

Faculty Scholarship

This Article first discusses the United States tax treatment of foreigners generally and the pre-Foreign Investors Real Property Tax Act withholding and taxation scheme with respect to foreign investment in United States real estate. Then follows a discussion of the several ways in which foreign investors were, before the Act, able to avoid tax on the disposition of United States real estate and a critical evaluation of the Act's response to those avoidance methods. Finally, a discussion of the Act's enforcement provisions and a general discussion of withholding of tax on nonresidents is provided.

Polygyny And Polydomy In Three North American Species Of The Ant Genus Leptothorax Mayr (Hymenoptera: Formicidae), Thomas M. Alloway, Robin Stuart, Cynthia Thomas, Alfred Buschinger, Mary Talbot

Faculty Scholarship

This paper deals with certain behavioral and ecological factors which may be relevant to the evolution and maintenance of social parasitism in ants. We will argue that some of the same factors which might predispose one species to evolve into a social parasite might make resistance to parasitism difficult for a closely related species.

The Free Speech Metamorphosis Of Mr. Justice Holmes, David S. Bogen

Faculty Scholarship

No abstract provided.

The Scope Of Section 1985(3) In Light Of Great American Federal Savings And Loan Association V. Novotny: Too Little Too Late?, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Fair Market Value In The Tax Law: Replacement Value Or Liquidation Value, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

A Call For A Profession Of Truth, Paul D. Carrington

Faculty Scholarship

parody on accreditation

Should Permanent Faculty Teach First-Year Legal Writing?: A Debate, William A. Reppy Jr., Willard H. Pedrick, N. William Hines

Faculty Scholarship

No abstract provided.

Developments In Banking Law: 1980-81, Dennis S. Aronowitz, Robert Volk

Faculty Scholarship

The years 1980 and 1981 were marked by a continuation and acceleration of change in the nation's financial institutions in general and in depository institutions in particular. Until recently, the banking and thrift industries have been unique in possessing the capacity to thrive in a changing economy without changing very significantly themselves. This phenomenon was largely attributable to a regulatory environment that protected depository institutions, minimizing competition from unregulated financial entities and imposing a form of organization that permitted institutions to thrive while conducting their activities in traditional ways. The advent of stubbornly high inflation and historically high interest rates …

North Carolina’S Tenancy By The Entirety Reform Legislation Of 1982, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

The Compleat Jeffersonian: Justice Rehnquist And Federalism, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

Rationalizing The Abortion Debate: Legal Rhetoric And The Abortion Controversy, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Whitebread, Criminal Procedure: An Analysis Of Constitutional Cases And Concepts, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Legal Education Past And Future: A Summer Carol, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Reflections On Unclos Iii, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

‘The State’ And Other Basic Terms In Public Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.