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Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld Jan 1984

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

Articles

The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.


The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson Jan 1984

The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

Articles

The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor ...


Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford Jan 1983

Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford

Articles

For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that ...


The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford Jan 1983

The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford

Articles

When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.


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.


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 considerable number of states have failed to ratify.


International Trial Observers, David Weissbrodt Jan 1982

International Trial Observers, David Weissbrodt

Articles

Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.


Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld Jan 1981

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld

Articles

There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for ...


Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy Jan 1981

Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy

Articles

There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9


The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt Jan 1981

The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt

Articles

When the public debate began at the United Nations Commission on Human Rights on the question of disappeared persons, the atmosphere in the huge assembly hall was tense and expectant. The public gallery was jammed with the wives and families of those persons who had been "disappeared"- arrested, tortured, imprisoned, or possibly killed by governments which refused to admit any knowledge or responsibility. The concerned audience came from all over the world. A few had even been disappeared themselves, but had managed to escape.


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 ...


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 ...


Primary Line Injury Under The Robinson-Patman Act: The Development Of Standards And Erosion Of Enforcement, Daniel J. Gifford Jan 1979

Primary Line Injury Under The Robinson-Patman Act: The Development Of Standards And Erosion Of Enforcement, Daniel J. Gifford

Articles

In the past it has been a most common practice of great and powerful combinations engaged in commerce-notably the Standard Oil Co., and the American Tobacco Co., and others of less notoriety, but of great in-fluence-to lower prices of their commodities, oftentimes below the cost of production in certain communities and sections where they had competition, with the intent to destroy and make unprofitable the busi-ness of their competitors, and with the ultimate purpose in view of thereby acquiring a monopoly in the particular locality or section in which the discriminating price is made. Every concern that engages in this ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein Jan 1979

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein

Articles

When Everett Fraser retired as Dean of the University of Minnesota Law School in June of 1948, he left to his successor a school ripe for change. The length and the strength of DeanFraser's administration,togetherwith the dramaticeffects of World WarII on the size and atmosphereof the school, had stifled the articulation andresolutionofseveralproblems.In theyearsfollowingFraser's retirement and the War's conclusion, issues long muted began to surface and developments long postponed began to require atten- tion. Through his seven-year administration,the new dean, May- nard E. Pirsig,preserved the school's traditionof excellence in its faculty and curriculum ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein Jan 1979

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein

Articles

When William B. Lockhart resigned from the deanship of the University of Minnesota Law School in June 1972, a productive sixteen-year tenure came to an end. Guided in the early years by the recommendations of the 1955 Law School Self-Survey, Lockhart and his faculty achieved significant success in improving the school's relationship with the bar, in revitalizing the educational program, in improving the quality of the student body, and in maintaining the quality of the faculty. In the later years of his tenure, the law school successfully responded, under Lockhart's leadership, to a variety of challenges presented in ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part V: The Lockhart Years -- A Time Of Achievement And Challenge, Robert Stein Jan 1979

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part V: The Lockhart Years -- A Time Of Achievement And Challenge, Robert Stein

Articles

Following the long and successful administration of Dean Everett Fraser (1920-1948), the University of Minnesota Law School's fourth dean, Maynard E. Pirsig (1948-1955), presided over seven transitional years at the school. With a talent for attracting young faculty members of extraordinary quality, he did much to enhance the school's tradition of excellence. But, at the same time, his administration suffered from the tensions incident to a changing relationship between the faculty and the dean. In 1955, a faculty-drawn self-survey provided the impetus for a statement of a new division of responsibility between dean and faculty, which clearly articulated ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein

Articles

The first two articles in this series described the development of the University of MinnesotaLaw School under Deans William S. Pattee' and William Reynolds Vance.2 Dean Pattee had provided thesteady andaccommodatingleadershipneeded to lay theground- work for the years of ascendancy under Dean Vance. During his eight-year tenure at Minnesota, the most important of the many improvements Dean Vance had made was in the quality of the fac- ulty. Withatalentforrecognizingtheearlymanifestationsofscho- lastic excellence, Vance had attracted to the law school professors who developed into some of the leading scholars of their day. The work of Vance and these professorsmade the stillyoung ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein

Articles

In September 1888, William S. Pattee, the newly elected dean of the University of Minnesota's infant law department,' began, with the help of lecturers from the practicing bars of Minneapolis and St. Paul, to educate some 67 '"young gentlemen of zeal and promise' 2 in the law. Ninety years later, the University of Minnesota Law School continues this mission, with 62 full-or part-time faculty members, for the benefit of about 750 students. During this period, the school has been shaped by the administrations of six deans, has conferred over 7,500 J.D. or LL.B. degrees,3 has ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein

Articles

The first article in this series described the first two decades of the University of Minnesota Law School as a period marked by an accommodating and cautious regime.' The next decade, in contrast, was marked by a demanding and ambitious administration whose reforms altered the face of the school at a pace that remains unparalleled in the history of the institution. The first dean, William S. Pattee, had provided a firm foundation for legal education at the University but had sometimes compromised the quality of his vision because of the exigencies of the moment.


United States Ratification Of The Human Rights Covenants, David Weissbrodt Jan 1978

United States Ratification Of The Human Rights Covenants, David Weissbrodt

Articles

On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3


Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld Jan 1978

Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld

Articles

DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE ...


Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt Jan 1977

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Articles

I do not say that we can remake the world in our own image. I recognize the limits on our power, and I do not wish to see us swing from one extreme of cynical manipulation to the other extreme of moralistic zeal, which can be just as dangerous. But the present administration has been so obsessed with balance of power politics that it has often ignored basic American values and a proper concern for human rights. The leaders of this administration have rationalized that there is little room for morality in foreign affairs, and that we must put self-interest ...


The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt Jan 1977

The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt

Articles

One reads of at least 35,000 political prisoners in Indonesia, at least 10,000 in forced labor camps in the Soviet Union, mass arrests in Chile, torture in Brazil, Spain, and the Philippines, killings in Belfast 7 and


The Rights Of Parents, Robert Levy Jan 1976

The Rights Of Parents, Robert Levy

Articles

No abstract provided.


Protecting The Mentally Retarded: An Empirical Survey And Evaluation Of The Establishment Of State Guardianship In Minnesota, Robert Levy Jan 1965

Protecting The Mentally Retarded: An Empirical Survey And Evaluation Of The Establishment Of State Guardianship In Minnesota, Robert Levy

Articles

Minnesota's program of state guardianship has gained national attention in the search for devices to protect and care for mentally deficient and epileptic persons. While not finally assessing the actual supervision of wards by the state commissioner of public welfare, this report scrutinizes the standards and procedures uti- lized by the probate courts and welfare departments in establishing guardianship. This article stresses the need for reform of current practices to ensure proper coopera- tion between judicial and behavioral authorities, and to ensure proper safeguards for the individual rights of per- sons who may be subjected to governmental authority. Likewise ...


The Perilous Necessity: Nonlegal Materials In A Family Law Course, Robert Levy Jan 1963

The Perilous Necessity: Nonlegal Materials In A Family Law Course, Robert Levy

Articles

Even the most casual observer should be aware that we are living through a period of intense interest by law professors in the behavioral sciences. No volume of the Journalof Legal Education is published without at least one essay on a law school program, a design for cooperative research or a criticism of the lawyers for paying no heed to their more scientific brethren. A review of A.A.I.S. convention agendas would indicate, I am sure, very few meetings without some discussion of "Law and the Behavioral Sciences."' The interest manifests itself in a variety of ways, 'but ...


Some Thoughts On "Antitrust Policy" And The Antitrust Community, Robert Levy Jan 1961

Some Thoughts On "Antitrust Policy" And The Antitrust Community, Robert Levy

Articles

In this article, ProfessorLevy uses a recent book recom- mending extensive changes in the antitrust laws as a springboardfor discussion of one of the most complex and difficult problems of antitrustadministration:the lack of competition in the "concentrated,"or oligopolistic,in- dustries. The author suggests that reform through legis- lation is probably impossible because of the current cli- mate of opinion and the effectiveness of numerous anti- trust "hucksters"-laivyers and businessmen who fre- quently sacrifice accuracy and objectivity in pursuing re- sults they favor. ProfessorLevy suggests a new interpre- tation of the present Sherman Act to avoid the difficul- ...