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1982

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Institution
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Articles 31 - 60 of 74

Full-Text Articles in Law

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.


Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Richard A. Posner Jan 1982

Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Richard A. Posner

Articles

No abstract provided.


Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz Jan 1982

Advances And Altered Perspectives In English Legal History (Reviewing Morris S. Arnold, Et. Al., Eds., On The Laws And Customs Of England: Essays In Honor Of Samuel E. Thorne (1981)), Richard H. Helmholz

Articles

No abstract provided.


The Constitution In The Supreme Court: State And Congressional Powers, 1801-1835, David P. Currie Jan 1982

The Constitution In The Supreme Court: State And Congressional Powers, 1801-1835, David P. Currie

Articles

No abstract provided.


Participation, Public Law, And Venue Reform, Cass R. Sunstein Jan 1982

Participation, Public Law, And Venue Reform, Cass R. Sunstein

Articles

No abstract provided.


The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler Jan 1982

The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler

Articles

No abstract provided.


Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel Jan 1982

Auctions And Sunk Costs In Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Musings On Form And Substance In Taxation (Reviewing Boris I. Bittker, Federal Taxation Of Income, Estates And Gifts (1981)), Joseph Isenbergh Jan 1982

Musings On Form And Substance In Taxation (Reviewing Boris I. Bittker, Federal Taxation Of Income, Estates And Gifts (1981)), Joseph Isenbergh

Articles

No abstract provided.


Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz Jan 1982

Book Review (Reviewing Paul R. Hyams, Kings, Lords And Peasants In Medieval England: The Common Law Of Villeinage In The Twelfth And Thirteenth Centuries (1980)), Richard H. Helmholz

Articles

No abstract provided.


The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel Jan 1982

The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel

Articles

A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth Amendment.


Separation Of Functions: Obscurity Preserved, Antonin Scalia Jan 1982

Separation Of Functions: Obscurity Preserved, Antonin Scalia

Articles

No abstract provided.


Support Your Local Professor Of Administrative Law, Antonin Scalia Jan 1982

Support Your Local Professor Of Administrative Law, Antonin Scalia

Articles

No abstract provided.


Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel Jan 1982

Antitrust Suits By Targets Of Tender Offers, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton Jan 1982

The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton

Articles

No abstract provided.


Advances And Altered Perspectives In English Legal History, Richard H. Helmholz Jan 1982

Advances And Altered Perspectives In English Legal History, Richard H. Helmholz

Articles

No abstract provided.


Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …


Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers Jan 1982

Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers

Articles

In the summer and fall of 1981 we sent questionnaires to faculty members1 at all 172 law schools accredited by the AALS, asking questions about current numbers of minority group members and women on their faculties and about numbers of offers made and offers accepted, tenure decisions and denials, and resignations. Our principal goal was to measure the progress that has been achieved in adding minorities and women to law faculties. In this issue, we report on our findings about minority groups.


The Regulation Of Labor Unions, Theodore J. St. Antoine Jan 1982

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.


Court Rulemaking In Washington State, Hugh D. Spitzer Jan 1982

Court Rulemaking In Washington State, Hugh D. Spitzer

Articles

Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.


Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …


Two Categories Of Discriminatory Intent, Eric Schnapper Jan 1982

Two Categories Of Discriminatory Intent, Eric Schnapper

Articles

This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus must be …


Bramblebush Revisited, Donald L. Burnett Jr. Jan 1982

Bramblebush Revisited, Donald L. Burnett Jr.

Articles

No abstract provided.


Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn Jan 1982

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 These …


Eight Cases And Section 251, James J. White Jan 1982

Eight Cases And Section 251, James J. White

Articles

[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …


Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen Jan 1982

Bottom Line Defense In Title Vii Actions: Supreme Court Rejection In Connecticut V. Teal And A Modified Approach, David Yellen

Articles

Title VII of the Civil Rights Act of 1964 prohibits employers from discriminating against job applicants or employees on the basis of race, color, religion, sex, or national origin. The statute proscribes both intentional discrimination and facially neutral selection devices that disproportionately exclude members of minority groups from certain jobs and are unrelated to job performance. Proponents of the "bottom line defense" argue that even where the plaintiff proves that a particular step in the hiring or promotion process disparately affects minorities, title VII is not violated if the employer demonstrates that the result of the entire selection process, the …


The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman Jan 1982

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

Articles

In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …


Price Discrimination Law And Economic Efficiency, Edward H. Cooper Jan 1982

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

Articles

The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.


The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman Jan 1982

The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman

Articles

No abstract provided.


Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman Jan 1982

Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.