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Articles 1 - 9 of 9
Full-Text Articles in Law
Dean William C. Warren, Michael I. Sovern
Dean William C. Warren, Michael I. Sovern
Faculty Scholarship
It would be virtually impossible, even if I were to preempt this entire issue of the Columbia Law Review for the purpose, to document fully the monumental contributions William C. Warren made to the Law School during the seventeen years of his deanship. I can hope only to touch lightly upon them, leaving the reader to admire the foresight, the energy, the generosity of spirit, and the long hours of dedicated effort which enabled him to accomplish so much.
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt
Faculty Scholarship
The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …
Criminal Law And Population Control, Kent Greenawalt
Criminal Law And Population Control, Kent Greenawalt
Faculty Scholarship
Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Coexistence And Commerce: Guidelines For Transactions Between East And West, Stanley B. Lubman
Hong Yen Chang Center for Chinese Legal Studies
For all the talk in this country in recent years about improving relations between the United States and Communist nations – "building bridges" and the like-old stereotypes of West and East, Us and Them, linger on. The Cold War mentality dies hard: East-West relations remain symbolized by signs of separation and antagonism such as the Berlin Wall and the lonely bridge at Lowu where travelers cross between Hong Kong and China. Such images, and the stereotyped habits of thought associated with them, are especially dangerous in a time characterized by neither war nor peace, but by a mixture of both. …
Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.
Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.
Faculty Scholarship
Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher
Faculty Scholarship
Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …
The Identity Of Legal Systems, Joseph Raz
The Identity Of Legal Systems, Joseph Raz
Faculty Scholarship
Laws are part of legal systems; a particular law is a law only if it is part of American law or French law or some other legal system. Legal philosophers have persistently attempted to explain why we think of laws as forming legal systems, to evaluate the merits of this way of thinking about the law and to make it more precise by explicating the features that account for the unity of legal systems. Various theories have been suggested but none has been accepted as completely satisfactory, and the continuing debate owes much to the intricacy of the problems involved. …
Chief Judge Stanley H. Fuld, Michael I. Sovern
Chief Judge Stanley H. Fuld, Michael I. Sovern
Faculty Scholarship
There were Whiz Kids before McNamara, and never more than during the tenure of the late Thomas E. Dewey as District Attorney of New York County. Only thirty-three years old when he became special prosecutor for the investigation of organized crime in New York and thirty-five when he took office as District Attorney in 1937, Dewey surrounded himself with a remarkably talented group of young lawyers. Frank Hogan, for example, was thirty-five in 1937, Charles Breitel all of twenty-eight. Stanley Howells Fuld, who had graduated from the Columbia Law School one year after the District Attorney, was thirty-four. Nine years …
Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg
Marginal Cost Pricing, Investment Theory And Catv, Victor P. Goldberg
Faculty Scholarship
In his article, Marginal Cost Pricing, Investment Theory and CATV, James Ohls makes a number of erroneous assertions concerning the optimum pricing of CATV. Most of his problems stem from a failure to properly define the environment in which the optimum price is to be set and the role that an optimum price should play. If one alters Ohls' implicit (and sometimes contradictory) assumptions and if one keeps in mind the purpose prices should serve in an economic system, a number of Ohls' conclusions are altered.