Law Commons^™

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

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No abstract provided.

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

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I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

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This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

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A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …

Judicial Protection Of Minorities, Terrance Sandalow

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In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

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Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

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Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner

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No abstract provided.

West German Marriage And Family Law Reform, Max Rheinstein, Mary Ann Glendon

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Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland

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No abstract provided.

The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond

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No abstract provided.

The Memoirs Of Chief Justice Earl Warren, Philip B. Kurland

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The American Fiscal Constitution, Kenneth W. Dam

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The United States Constitution contains relatively few provisions explicitly concerned with the authority of the federal government and the states to tax and spend. Nevertheless, an impressive structure of rules has evolved governing the division of fiscal powers and responsibilities within our federal system. These rules include Supreme Court decisions interpreting the Constitution, key framework legislation, and implicit understandings derived from existing practice. Professor Dam constructs a general outline of the resulting American Fiscal Constitution, and provides a contrasting view of the West German fiscal constitution. He also offers some tentative conclusions about how federal grants-in-aid and revenue sharing have …

The Right Of Privacy, Richard A. Posner

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No abstract provided.

Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel

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Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

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I do not say that we can remake the world in our own image. I recognize the limits on our power, and I do not wish to see us swing from one extreme of cynical manipulation to the other extreme of moralistic zeal, which can be just as dangerous. But the present administration has been so obsessed with balance of power politics that it has often ignored basic American values and a proper concern for human rights. The leaders of this administration have rationalized that there is little room for morality in foreign affairs, and that we must put self-interest …

The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt

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One reads of at least 35,000 political prisoners in Indonesia, at least 10,000 in forced labor camps in the Soviet Union, mass arrests in Chile, torture in Brazil, Spain, and the Philippines, killings in Belfast 7 and

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication, Walter Hellerstein

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No abstract provided.

Book Review (Reviewing Bruce M. Owen, Economics And Freedom Of Expression: Media Structure And The First Amendment (1975)), Richard A. Posner

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Judicial Review Under Federal Pollution Laws, David P. Currie

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Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond

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Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …

Thoughts On Directed Verdicts And Summary Judgments, David P. Currie

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No abstract provided.

Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia

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No abstract provided.

Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz

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Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

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No abstract provided.

Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake

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The dividends paid deduction provided for in section 561 of the Internal Revenue Code is of vital importance to any corporation that is subject to the accumulated earnings tax or the personal holding company tax. Either of these taxes, if applicable, is imposed in addition to the federal income taxes otherwise payable by the corporation.

Since the accumulated earnings tax is substantial and the personal holding company tax is downright confiscatory, a corporation must do whatever is necessary legally to avoid paying these additional taxes. A corporation subject to either of the taxes generally can avoid them only by taking …

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

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As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4

In Memoriam. Professor Kenneth K. Luce, Theodore J. St. Antoine

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I met Kenneth Luce once or twice at most, and then only for the few hurried words of greeting that are exchanged at alumni gatherings. Yet I feel I have come to know him well - sadly for me, chiefly through his friends and after his death. With the passing of any prominent alumnus of the Michigan Law School, we are likely to receive letters from friends and associates urging some suitable memorial. For Professor Luce there was more than the usual expressions of esteem and respect for professional accomplishments. Affection for the man himself shone through the words about …

Conflict Of Interest, Robert H. Aronson

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The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …

Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert

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This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …