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Articles 1 - 30 of 30
Full-Text Articles in Law
The Pragmatist Theory Of Truth, Susan Haack
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
State Arts Councils: Some Items For A New Agenda, Monroe E. Price
Articles
These are no longer flush times. And one realm in which the lack of prosperity may prove harmful is the area of government support of the arts. Because the expansive middle-class patronage of the l 960's is gone, there is a hope that the government, state and federal, will play the role of Maecenas. Yet government intervention is now more cautious and more critical. The need for state support is high. Performing arts companies are in dire straits. Artists are unemployed. Nonetheless, government officials at all levels are undecided as to how to proceed. In California, for example, after months …
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Some Aspects Of Separation Of Powers, Edward Hirsch Levi
Articles
No abstract provided.
The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel
The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel
Articles
No abstract provided.
Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley
Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley
Articles
No abstract provided.
Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman
Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman
Articles
No abstract provided.
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein
Articles
No abstract provided.
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer
Articles
No abstract provided.
Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson
Voidable Preferences And Protection Of The Expectation Interest, Anthony T. Kronman, Thomas H. Jackson
Articles
No abstract provided.
The Rights Of Parents, Robert Levy
Rights Of Parents, Robert Levy
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler
Articles
No abstract provided.
Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper
Constitutional Constraints On The Conduct Of Foreign And Defense Policy: A Nonjudicial Model, Gerhard Casper
Articles
No abstract provided.
Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood
Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood
Articles
No abstract provided.
State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein
State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein
Articles
No abstract provided.
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler
Articles
No abstract provided.
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Articles
There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …
Indian Water Rights In Theory And Practice: Navajo Experience In The Colorado River Basin, Monroe E. Price, Gary D. Weatherford
Indian Water Rights In Theory And Practice: Navajo Experience In The Colorado River Basin, Monroe E. Price, Gary D. Weatherford
Articles
Although Indian water rights are of critical economic importance, the nature and scope of these rights remain unclear. The Supreme Court has addressed itself to the issue infrequently, and most commentators have limited their discussions to an exegesis of the appellate arguments rather than engage in an analysis of the broader nature and context of these rights. Reservation water rights are of a very special nature: A right to water does not necessarily include a right to the capital investment necessary to realize the economic benefit of an entitlement, and limits on the uses of the water may be at …
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn
Articles
No abstract provided.
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
Articles
The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Articles
In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Articles
The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
Articles
The first part is a survey of the basic sources available to a person researching a problem on nuclear power. Three forms are discussed—bibliographies, U.S. government documents, and current awareness materials. The second portion is a selection of significant books on nuclear power and the law published since 1960. The third and final portion is a subject arrangement of law review articles published between 1957 and 1975. Used in conjunction with Atomic Energy and the Law: A Bibliography and Blueprint for Atomic Energy Literature: Legislative and Legal, this survey and bibliography will give the researcher a lead to the …
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns
Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns
Articles
The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …
Bad News And Good News, John W. Reed
Bad News And Good News, John W. Reed
Articles
I have been asked to visit with you about some of my current interests in the evidence field, in which I teach. When you invite an academic lawyer to speak at your meeting, you obviously expect of him something other than the latest hot tips on trial strategy and tactics, something other than a speech entitled "Reflections on My Last Eleven Victories in Court." Others can do that for you, probably at lunch - or, even better, at cocktails with the successes more impressive and the defeats more forgivable under the influence of an ounce or two of alcohol.
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …