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1980

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Institution
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Articles 1 - 30 of 38

Full-Text Articles in Law

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson Nov 1980

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

Articles

The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …


Constitutional Torts, Christina B. Whitman Nov 1980

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …


Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn Jun 1980

Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn

Articles

Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …


Nondegradation And Visibility Under The Clean Air Act, David P. Currie Jan 1980

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


Guardians Of The Constitution, Gerhard Casper Jan 1980

Guardians Of The Constitution, Gerhard Casper

Articles

No abstract provided.


The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes Jan 1980

The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes

Articles

No abstract provided.


The Present Situation In Legal Scholarship, Richard A. Posner Jan 1980

The Present Situation In Legal Scholarship, Richard A. Posner

Articles

No abstract provided.


Optimal Sentences For White-Collar Criminals, Richard A. Posner Jan 1980

Optimal Sentences For White-Collar Criminals, Richard A. Posner

Articles

Those concerned by the growth of white-collar crime disagree over the choice of a fine or imprisonment as the more appropriate sentence. In this article, Professor Posner argues that a sufficiently large fine is an equally effective deterrent that is cheaper to administer and therefore socially preferable.


Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein Jan 1980

Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein

Articles

No abstract provided.


The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer Jan 1980

The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer

Articles

No abstract provided.


Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler Jan 1980

Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler

Articles

Although parole release guidelines have achieved many of the advantages of determinate sentencing, they raise troublesome issues. Subject to important caveats, the author maintains that sentencing guidelines can better be administered by courts than by parole boards. He also maintains that current federal parole guidelines unfairly disregard plea bargained charge reductions, and that the construction of equitable guidelines requires detailed offense-by-offense and situation-by-situation studies that have not yet been undertaken.


Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie Jan 1980

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

Articles

No abstract provided.


Market Power In Antitrust Cases, Richard A. Posner, William M. Landes Jan 1980

Market Power In Antitrust Cases, Richard A. Posner, William M. Landes

Articles

With many antitrust prohibitions, the existence of a violation depends upon whether the defendant possesses sufficient market power. In this Article, Professors Landes and Posner present an economic analysis of market power that provides the necessary foundation for application to particular cases and for formulation of antitrust policy. They use their approach to illuminate the perplexing issues of product and geographical market definition, the measurement of market power arising from mergers and within regulated industries, and the quantification of damages in monopolization and price-fixing cases. Finally, they argue that, despite the novelty of their formulation, it is compatible with the …


The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase Jan 1980

The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase

Articles

No abstract provided.


Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper Jan 1980

Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper

Articles

The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that …


Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford Jan 1980

Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford

Articles

A number of observers presently believe that much federal rulemaking has become unduly complex, time-consuming, costly, and unwieldly,1 primarily because of the transformation of judicial review of rules promulgated after informal proce- dures into review on the administrative record. Former dean Carl Auerbach, for example, believes that this change in judi- cial review in the last decade has profoundly and adversely af- fected the rulemaking process on the administrative level.2 Auerbach suggests that requiring an agency to prepare a de- fense to all potential challengers of a proposed rule, regardless of the actual number or content of the challenges, imposes …


Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson Jan 1980

Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson

Articles

By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges …


Creditors' Remedies As State Action, Julie Roin Jan 1980

Creditors' Remedies As State Action, Julie Roin

Articles

No abstract provided.


The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner Jan 1980

The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner

Articles

No abstract provided.


Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein Jan 1980

Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein

Articles

No abstract provided.


Robert G. Dixon: In Memoriam, Philip B. Kurland Jan 1980

Robert G. Dixon: In Memoriam, Philip B. Kurland

Articles

No abstract provided.


Foreword The American Jury, Hans Zeisel Jan 1980

Foreword The American Jury, Hans Zeisel

Articles

No abstract provided.


Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel Jan 1980

Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel

Articles

No abstract provided.


The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner Jan 1980

The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner

Articles

No abstract provided.


Does Rome Have A Lesson For Us?, Hugh D. Spitzer Jan 1980

Does Rome Have A Lesson For Us?, Hugh D. Spitzer

Articles

As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?


Criminal Procedure In Alaska, Jeff M. Feldman Jan 1980

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.


Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble Jan 1980

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

Articles

No abstract provided.


The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman Jan 1980

The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman

Articles

No abstract provided.


Federalism And Social Change, Terrance Sandalow Jan 1980

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …


High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote Jan 1980

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

Articles

Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …