Law Commons^™

Legal Education And Legal Services--Some Reflections, Roger C. Cramton

Cornell Law Faculty Publications

No abstract provided.

Professor Jones And The Constitution, Henry Paul Monaghan

Faculty Scholarship

Professor Harry Jones's elegant and stimulating Waterman lectures begin on a salutary note. Professor Jones rightly reminds us that, first and foremost, a constitution is not exclusively or primarily a limitation on the exercise of political power, but rather is a charter for its exercise. Accordingly, to view the Constitution as "all brakes and no engine" suggests a serious and fundamental myopia, albeit an understandable one given the popular preoccupation with the Supreme Court's role in vindicating guarantees of civil liberty. But that preoccupation, Professor Jones notes, does more than distort the meaning of the Constitution; it ignores an historically …

Measuring Sellers' Damages: The Lost-Profits Puzzle, Charles J. Goetz, Robert E. Scott

Faculty Scholarship

A buyer repudiates a fixed-price contract to purchase goods, and the seller sues for damages. How should a court measure the seller's loss? The answer seems simple: The seller should be awarded damages sufficient to place it in the same economic position it would have enjoyed had the buyer performed the contract. But the seductive conceptual simplicity of the compensation principle disguises substantial practical problems in measuring seller's damages.

Contract law has traditionally minimized measurement difficulties by basing damages in most cases on the difference between the contract price and market value of the repudiated goods. The common law courts …

What Does Bakke Require Of Law Schools?, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Desegregation Dilemma: A Vote For Voluntarism, Frank Goodman

All Faculty Scholarship

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Book Review, Robert F. Nagel

Publications

No abstract provided.

Jury Size And The Peremptory Challenge: Testimony On Jury Reform, Richard O. Lempert

Book Chapters

In the essay that follows, Professor Lempert pursues the "lay versus professional" issue, once again in the jury context. He begins by setting forth a general theory of the likely contribution of each. He then applies his posited theory to two issues of current interest to the bar: jury size and the peremptory challenge. The essay originated as testimony (prepared jointly with Dr. Jay Schulman) before a Senate subcommittee considering a bill (S. 2074, 95th Congress, 1st Session) to reduce the number of peremptory challenges in civil cases from three to two and also to require all federal district courts …

Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park

Faculty Scholarship

"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.

An Assessment Of The Use Of Cost-Benefit Analysis In Regulatory Agency Decision Making, Michael S. Baram

Faculty Scholarship

CONSIDERABLE dissatisfaction has been expressed with the process and results of regulatory agency decision making. Recommendations have been made that the Federal agencies employ rational, "balancing" approaches such as cost-benefit analysis in conducting their standard setting and adjudicatory functions.

This paper examines some current uses of cost-benefit analysis by several agencies in their decision-making processes, and identifies and discusses apparent limitations.

Confessions Of A Horizontalist: A Dialogue On The First Amendment, Larry Yackle

Faculty Scholarship

It is hardly surprising that the Supreme Court has never developed a satisfying theory of the first amendment. Free speech and press problems are many and varied, demanding the most delicate balance of interests in order to preserve a system of freedom of expression and at the same time afford proper respect for competing governmental objectives. Doctrine adapted to one medium of expression may not sit well when applied to others. With the passage of time, changes in technology, economic conditions, and the very nature of expression tend to outstrip the Court's ability to keep pace with doctrinal innovations. There …

Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher

Faculty Scholarship

Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …

Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas

Faculty Scholarship

One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …

The Professionalization Of Philosophy, Edward A. Purcell Jr.

Other Publications

No abstract provided.

The United States Supreme Court: The 1978-79 Term, Paul C. Giannelli

Faculty Publications

No abstract provided.

Note, South Dakota V. Brown: Judicial Enforcement Of Governor's Duty To Extradite Fugitives, Kevin C. Mcmunigal

Faculty Publications

This Note focuses on the Brown court's analysis of the issue of state court enforcement of the gubernatorial extradition duty imposed by the Extradition Act. It examines the court's construction of the Act, as well as the court's initial decision to frame the basic question addressed as solely one of statutory interpretation. The conclusion reached is that the Brown court's analysis is a product of result-oriented judicial reasoning. This Note does not address the court's handling of enforcement of the federally imposed duty nor the theoretical justifications for gubernatorial discretion in extradition of interstate fugitives

Categorization Of Chemicals Under The Toxic Substance Control Act, Louis Slesin, Ross Sandler

Articles & Chapters

No abstract provided.

Dam Safety: The Critical Imperative, Denis Binder

Denis Binder

Federal Funds And National Supremacy: The Role Of State Legislatures In Federal Grant Programs, George D. Brown

George D. Brown

No abstract provided.

The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein

Richard Adelstein

More on price exaction, and punishments as conveyors of cost information in the criminal process.

Prolegomenon To Terror Violence, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein

Richard Adelstein

A further development of the price exaction model and an application to the problem of sentencing standards.

Development Of A Model Act To Free Children For Permanent Placement: A Case Study In Law And Social Planning, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

Review Of Child Abuse And Neglect: Legislation, Reporting, And Prevention By Joseph J. Costa And Gordon K. Nelson And Child Maltreatment In The United States: A Challenge To Social Institutions By Saad J. Nagi, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

Frances Pinter (Publishers) Ltd. - New 1979 Catalogue, Frederick H. Zemans

Frederick H. Zemans

Some Recent (And Not So Recent) Trends In American Real Estate Law Affecting The Right To A Brokerage Commission, Peter G. Dillon

Peter G. Dillon

No abstract provided.