Law Commons^™

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall

Faculty Scholarship

Tracking, using the term in the broader sense to include all ability . grouping, represents a solution to an insoluble dilemma. While individualized instruction has long been touted as the great desideratum in American education, no one has ever been willing to pay what it would cost to give each child a different education. Educators thus devised what they considered to be the-next best thing, educational units large enough to be economically viable but small enough to isolate students with what were thought to be roughly similar educational needs. These needs are determined by an unformulated formula employing "objective testing," …

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.

The Investment Banker And The Credit Regulations, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Evans V. Abney: Reverting To Segregation, David S. Bogen

Faculty Scholarship

No abstract provided.

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.

The Shea Act, Robert J. Condlin

Faculty Scholarship

No abstract provided.

On Lawful Governments, Joseph Raz

Faculty Scholarship

What is the meaning of sentences of the form 'X is the lawful government of the country Y,' and what kinds of statements are normally -made by using them? Most answers to these questions can be classified as legalistic, moralistic, or compromise solutions. The gist of the legalistic approach is that the lawful government is that authorized by the positive law of the land. Critics of the legalistic approach point out that disagreement about the lawful government is not always solved when agreement is reached about the positive law of the land. For example, two people may disagree as to …

Presidential War-Making, Henry Paul Monaghan

Faculty Scholarship

The Vietnam "war" has convinced many persons that the president of the United States claims apparently unlimited power to commit this country to war. Not surprisingly, therefore, considerable interest has focused on the powers that inhere in the presidency. And many critics of the war – those who in other times and in other contexts might have been sympathetic to a spacious conception of presidential power – have concluded that the Vietnam conflict is not only a tragic error, but is the direct result of unconstitutional conduct by the president. I cannot accept this view; at bottom, it seems to …

Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent

Faculty Scholarship

No abstract provided.

Cars, Creditors, And The Code: The Diverse Interpretations Of Section 9-310, Arthur Murphey

Faculty Scholarship

No abstract provided.

Public Support And The Sectarian University, Walter Gellhorn, Kent Greenawalt

Faculty Scholarship

In mid-1968 we undertook to advise Fordham University concerning steps that might be appropriate to establish its eligibility for public assistance. As part of that task we tried to determine the extent to which present law requires official differentiation between Church-related and other institutions of higher learning. Since the University sought a wholly detached consideration of its legal posture, our conclusions in this article represent our best judgment of the present state of the law and its probable development. We have avoided indicating our own personal position on debatable legal and ethical issues.

Military Justice Is To Justice As …, Robinson O. Everett

Faculty Scholarship

No abstract provided.

The Disadvantaged Student And Preparation For Legal Education: The New York University Experience, Peter A. Winograd, Hughes Graham, Robert B. Mckay

Faculty Scholarship

The law school commitment to enroll more minority students is a decision which can have many and varied ramifications for the law school as an institution. Minority students will bring new perspectives, different needs a total outlook on life and law potentially at variance with that of the majority culture in which most law school faculties and students have been educated. The resulting challenge to accepted norms can be met by the law schools in many ways--it can be ignored, creating frustration and anger, or it can be utilized creatively, expanding the horizons of the law school to include hitherto …

A Contextual Approach To Disobedience, Kent Greenawalt

Faculty Scholarship

Edmund Burke once noted that the rebelliousness of colonial America was largely a consequence of the size and prominence of the legal profession, under whose influence the people "snuff the approach of tyranny in every tainted breeze." Today, however, most members of the legal profession take a much dimmer view of civil disobedience, although some do acknowledge its justification in special circumstances. Few who write on the subject recognize that in making judgments about the morality of disobedient acts the lawyer's perspective is limited.

Disputes over whether an illegal action is morally justified in a particular instance can be conceptually …

Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld

Faculty Scholarship

An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.

Once More Into The Breach: Promissory Estoppel And Traditional Damage Doctrine, Theodore S. Sims

Faculty Scholarship

When, in the absence of traditional contract formalities, a promise is enforced because the promisee has acted in reliance upon it, both courts and commentators have disagreed over the proper measure of damages. Early in the debate, two positions could be discerned. Advocates of the one favored enforcing the promise according to its terms and awarding the promisee full contractual damages.This measure of recovery has come to be called the expectation interest and is an attempt to put the promisee in the same position as he would have been had the promise been fulfilled. Advocates of the other position would …

The Social Control Of Science And Technology, Michael S. Baram

Faculty Scholarship

Science and technology increasingly work changes in the complex matrix of society. These changes pervade our ecological systems and our physical and psychic health. Less perceptibly, they pervade our culture, our values, and our value based institutions such as the law. In turn, our values and institutions shape the progress and utilization of science and technology.

As we know, science and technology have provided society with enormous material benefits and a higher standard of living and health. But we now realize that this process has been accompanied by alarming rates of resource consumption and many new hazards to ecological systems …

Criminal Procedure For Juvenile Offenders In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is to set out, in summary fashion, the law concerning juvenile offenders in Ethiopia. Our focus will be on procedural rather than substantive aspects-insofar as it is possible to separate the two-and particularly upon the enforcement of constitutional guarantees in the process.

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Extemporaneous Comment, Michael S. Baram

Faculty Scholarship

Well, I think today we have heard two ideas which are intuitive to the emerging role of the law school. One is Arthur Miller's idea of creating centers of policy analysis and the other is what several other speakers have suggested about interdisciplinary and clinical interdisciplinary programs. I would like to speak against the former and for the latter.

Treating The Untreatable: A Critique Of The Proposed Pennsylvania Right To Treatment Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

Decision Trees, Peter L. Strauss, Michael R. Topping

Faculty Scholarship

The object of this paper is to inform those concerned with the administration of justice in Ethiopia – particularly, criminal justice – about a new and simple procedure which may assist in procuring uniform interpretation and application of laws and regulations. The problem of uniform interpretation and application is particularly severe where, as in Ethiopia, new laws must be interpreted and applied by persons who have not yet had the opportunity of formal legal education. For these persons the discovery of the relevant code articles and the understanding of their interrelationships and application must be very difficult indeed. One possible …

First Amendment "Due Process", Henry Paul Monaghan

Faculty Scholarship

A number of recent Supreme Court opinions, primarily in the obscenity area, have fastened strict procedural requirements on governmental action aimed at controlling the exercise of first amendment rights. Professor Monaghan believes that there are two basic principles that can be distilled from these cases: that a judicial body, following an adversary hearing, must decide on the protected character of the speech, and that the judicial determination must either precede or immediately follow any governmental action which restricts speech. The author argues that these two broad principles should limit any governmental activity which affects freedom of speech, no matter how …

Toward A Judicial Administrator Of Limited Powers: Bankruptcy Crisis And The Administrative Office Of The United States Courts, Peter G. Fish

Faculty Scholarship

Administrative power in the federal judicial system is, like the system itself, decentralized.