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Articles 1 - 20 of 20
Full-Text Articles in Law
Book Review (Reviewing Charles Fairman, History Of The Supreme Court Of The United States: Reconstruction And Reunion, 1864-88, Part One (1971)), Gerhard Casper
Book Review (Reviewing Charles Fairman, History Of The Supreme Court Of The United States: Reconstruction And Reunion, 1864-88, Part One (1971)), Gerhard Casper
Articles
No abstract provided.
A Theory Of Strict Liability, Richard A. Epstein
Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff
Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff
Articles
No abstract provided.
Transformation Of Marriage And The Law, Max Rheinstein
Strict Liability: A Comment, Richard A. Posner
Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Articles
No abstract provided.
Toward A Science Of Impartial Judicial Behavior, Harry Kalven Jr.
Toward A Science Of Impartial Judicial Behavior, Harry Kalven Jr.
Articles
No abstract provided.
Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.
Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.
Articles
No abstract provided.
Pleadings And Presumptions, Richard A. Epstein
A Note On Trust Powers After Termination, Bernard D. Meltzer
A Note On Trust Powers After Termination, Bernard D. Meltzer
Articles
No abstract provided.
Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland
Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland
Articles
No abstract provided.
The New Supreme Court, Philip B. Kurland
Two Models Of Legal Education, Gerhard Casper
Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.
Articles
No abstract provided.
Discussion In Schwartz, Torts Casebooks On Parade: The Authors Meet The Users, Harry Kalven Jr.
Discussion In Schwartz, Torts Casebooks On Parade: The Authors Meet The Users, Harry Kalven Jr.
Articles
No abstract provided.
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland
Articles
No abstract provided.
Political Surveillance And The Fourth Amendment, Alan Meisel
Political Surveillance And The Fourth Amendment, Alan Meisel
Articles
The United States District Court case has left the scope of the warrant protection of the fourth amendment considerably clearer and broader. The door left ajar in Katz has been firmly fastened shut by the Court leaving only the traditional exceptions to the warrant requirement, which are based upon practical necessity, and the still unconfronted question of the power of the executive to conduct warrantless surveillances of foreign agents in national security cases." It is also clear that courts are no less competent to evaluate the appropriateness of a search and seizure in an internal security case than in a …
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White
Articles
In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine
Articles
Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar
Articles
Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …