Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 29 of 29

Full-Text Articles in Law

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine Dec 1968

Judicial Valour And The Warren Court's Labor Decisions, Theodore J. St. Antoine

Articles

Lawyers who practice regularly before the Supreme Court are likely to prepare their arguments with a specific Justice in mind. The choice does not necessarily turn on who might be the swing vote in a given case. Often it is just a matter of which Justice can be relied upon, because of his particular interests and his insight, to search out the strengths and weaknesses of the opposing positions, and to see that all the hard questions are asked. In a labor case during the early years of the Warren Court, that would usually have meant Justice Frankfurter. Later on, …


Comment On Maki V. Frelk--Comparative V. Contributory Negligence: Should The Court Or Legislature Decide?, Harry Kalven Jr. Nov 1968

Comment On Maki V. Frelk--Comparative V. Contributory Negligence: Should The Court Or Legislature Decide?, Harry Kalven Jr.

Articles

No abstract provided.


Pretrial And Date Of Settlement, Hans Zeisel Jun 1968

Pretrial And Date Of Settlement, Hans Zeisel

Articles

No abstract provided.


The Study Of International Law, Gidon A. G. Gottlieb Apr 1968

The Study Of International Law, Gidon A. G. Gottlieb

Articles

No abstract provided.


The University, The Professions, And The Law, Edward Hirsch Levi Apr 1968

The University, The Professions, And The Law, Edward Hirsch Levi

Articles

No abstract provided.


Natural Monopoly And Its Regulation, Richard A. Posner Jan 1968

Natural Monopoly And Its Regulation, Richard A. Posner

Articles

No abstract provided.


Court Delay Caused By The Bar, Hans Zeisel Jan 1968

Court Delay Caused By The Bar, Hans Zeisel

Articles

No abstract provided.


The Prosecutor's Role In The Plea Bargaining, Albert Alschuler Jan 1968

The Prosecutor's Role In The Plea Bargaining, Albert Alschuler

Articles

No abstract provided.


Comparative Law - Its Functions, Methods And Usages, Max Rheinstein Jan 1968

Comparative Law - Its Functions, Methods And Usages, Max Rheinstein

Articles

No abstract provided.


Book Review (Reviewing Max Freedman, Roosevelt And Frankfurter: Their Correspondence 1928-54 (1968)), Philip B. Kurland Jan 1968

Book Review (Reviewing Max Freedman, Roosevelt And Frankfurter: Their Correspondence 1928-54 (1968)), Philip B. Kurland

Articles

No abstract provided.


Uninhibited, Robust, And Wide-Open: A Note On Free Speech And The Warren Court, Harry Kalven Jr. Jan 1968

Uninhibited, Robust, And Wide-Open: A Note On Free Speech And The Warren Court, Harry Kalven Jr.

Articles

No abstract provided.


The Choice Among State Laws In Maritime Death Cases, David P. Currie Jan 1968

The Choice Among State Laws In Maritime Death Cases, David P. Currie

Articles

No abstract provided.


Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner Jan 1968

Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner

Articles

No abstract provided.


Slumlordism As A Tort: A Dissenting View, Walter J. Blum, Allison Dunham Jan 1968

Slumlordism As A Tort: A Dissenting View, Walter J. Blum, Allison Dunham

Articles

No abstract provided.


Comment On Reich V. Purcell, David P. Currie Jan 1968

Comment On Reich V. Purcell, David P. Currie

Articles

No abstract provided.


The Federal Courts And The American Law Institute Part I, David P. Currie Jan 1968

The Federal Courts And The American Law Institute Part I, David P. Currie

Articles

No abstract provided.


The Federal Courts And The American Law Institute: Part I (1968); Part Ii (1969), David P. Currie Jan 1968

The Federal Courts And The American Law Institute: Part I (1968); Part Ii (1969), David P. Currie

Articles

No abstract provided.


Book Review (Reviewing Joseph L. Sax, Water Law, Planning & Policy (Cases And Materials) (1968)), David P. Currie Jan 1968

Book Review (Reviewing Joseph L. Sax, Water Law, Planning & Policy (Cases And Materials) (1968)), David P. Currie

Articles

No abstract provided.


A Schema Of Alternatives To The Present Auto Accident System, Harry Kalven Jr. Jan 1968

A Schema Of Alternatives To The Present Auto Accident System, Harry Kalven Jr.

Articles

No abstract provided.


Constitutionality Law And Economic Liberty, Jo Desha Lucas Jan 1968

Constitutionality Law And Economic Liberty, Jo Desha Lucas

Articles

No abstract provided.


Our Man From Wall Street, Harry Kalven Jr. Jan 1968

Our Man From Wall Street, Harry Kalven Jr.

Articles

No abstract provided.


Ex-Post-Facto And The Contracts Clauses In The Federal Convention: A Note On The Editorial Ingenuity Of James Madison, William W. Crosskey Jan 1968

Ex-Post-Facto And The Contracts Clauses In The Federal Convention: A Note On The Editorial Ingenuity Of James Madison, William W. Crosskey

Articles

No abstract provided.


Earl Warren, The 'Warren Court,' And The Warren Myths, Philip B. Kurland Jan 1968

Earl Warren, The 'Warren Court,' And The Warren Myths, Philip B. Kurland

Articles

No abstract provided.


The Impotence Of Reticence, Philip B. Kurland Jan 1968

The Impotence Of Reticence, Philip B. Kurland

Articles

The difficult national problems which have focused around the presidency in this election year have created renewed interest in theories of presidential power. In this article the author reviews the gravitation of power from the legislative to the executive branch, and, through an institutional analysis, discusses the difficulties created by the shift in balance. The conclusion is reached that rejuvenation of congressional authority is a prerequisite to the continuance of a free and stable American government.


A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen Jan 1968

A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen

Articles

An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …


A Touchstone For Labor Board Remedies, Theodore J. St. Antoine Jan 1968

A Touchstone For Labor Board Remedies, Theodore J. St. Antoine

Articles

Fashion dictates what lawyers argue about, and law professors write about, more than we may care to admit. In labor law, especially, the styles change with a rapidity that would impress a Paris couturier. During the past decade the spotlight has moved from union democracy to labor contract enforcement to the union organizing campaign. Today the "in" topic is National Labor Relations Board (NLRB) remedies. Yet if any subject deserves immunity from the vagaries of fashion, this is the one; for all rights acquire substance only insofar as they are backed by effective remedies. Coke said it long ago: "[W]ant …


The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel Jan 1968

The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel

Articles

T HE subject of this symposium, the proposed Michigan Revised Criminal Code (Proposed Code),' is the product of a three-year study by a Joint Committee of the State Bar. The study was undertaken pursuant to a 1964 resolution of the State Bar Commissioners calling for a "complete revision of the criminal code to redefine crimes and penalties."'2 The Joint Committee is an extraordinarily large group, being composed of members of both the standing Criminal Jurisprudence Committee and the Special Code Revision Committee.' Its membership reflects great diversity in viewpoint and professional interests, including not only prosecutors, defense attorneys and judges, …


Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn Jan 1968

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …


Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar Jan 1968

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.