Law Commons^™

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

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The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people ...

Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

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This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were ...

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

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This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers and ...

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

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Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs ...

Introduction To The Symposium On Legal Structures For Managing The Pacific Northwest Salmon And Steelhead: The Biological And Historical Context, Dale Goble

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No abstract provided.

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

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No abstract provided.

Western Water Law In Transition, Charles F. Wilkinson

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No abstract provided.

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

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No abstract provided.

Rules And Standards, Pierre Schlag

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No abstract provided.

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

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John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I ...

Travelers Checks, James J. White

Articles

A. Travelers Checks Defined 1. Courts have variously described travelers checks as certificates of deposit, negotiable instruments, securities, cash, and cashier's checks. 2. The most persuasive analysis seems to treat travelers checks as cashier's checks on which the issuer is both the drawer and the drawee, the purchaser once he has countersigned is the payee, and both the purchaser and the next recipient are indorsers.

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

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If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.

Defining The Limits Of Crime Control And Due Process, Richard Frase

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In his latest book, Hans Zeisel argues that "law enforcement, important and essential as it is, cannot by itself significantly reduce crime" (p. 15). Thus, he concludes, we should redirect our efforts toward general prevention, starting with improvements in ghetto schools. Zeisel's thesis is supported by data from his study of the disposition of felony arrests in New York City 1 and is supplemented by his assessment of the results of recent criminal justice research in other jurisdictions. Zeisel, a pioneer in the application of social science research methods to issues of law and public policy, 2 presents a ...

Ethical Problems Of An International Human Rights Practice, David Weissbrodt

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Little attention has been devoted to ethical problems facing American lawyers engaged in commercial and corporate work in foreign countries or with foreign clients. IEven less attention has been paid to the professional responsibilities of lawyers engaged in an international human rights legal practice. 2 As an increas- ing number of lawyers become involved in the practice of international human rights law in the courts of the United States, in international fora, and abroad, issues will continue to arise regarding the ethical constraints on their work.3

United States Foreign Policy And Human Rights: An Overview, David Weissbrodt

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The organizers of this symposium asked me to provide a back- ground for the present status of human rights in the foreign policy of the United States Government. They suggested that I provide a his- tory of the subject, stressing the approach of President Carter. I have written such a history, stressing the United States human rights legis- lation which was not created by President Carter, but which he found already in place when he reached the White House. Rather than recite this historical background, I think it would be more useful to look at three basic questions which might ...

Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort

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The brief history of public sector collective bargaining encompasses two periods of economic extreme. Collective bargaining in the public sector emerged in the 1960's and early 1970's, a period of unprecedented growth in state and local government. With normal economic restraints eased by the growth of state and local budgets, inexperienced public employers frequently offered little resistance to the demands of public sector unions. Beginning in the mid-1970's, however, the economic fortunes of state and local governments suffered a dramatic reversal. Whether viewed as a cause or an effect of the fiscal crisis, taxpayer hostility to ever-increasing ...

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael Chiorazzi

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No abstract provided.

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

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In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean ...

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

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No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

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No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

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No abstract provided.

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

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This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.

Contention Disclosure And Corporate Takeovers, Charles M. Yablon

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No abstract provided.

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

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No abstract provided.

Simultaneous Attachment Of Liens On After-Acquired Property, David Gray Carlson

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No abstract provided.

Modern American Jurisprudence And The Problem Of Power, Arthur J. Jacobson

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No abstract provided.

The 1984 Cable Act: Prologue And Precedents, Daniel L. Brenner, Monroe E. Price

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No abstract provided.

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

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No abstract provided.

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

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No abstract provided.

Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine

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Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.