Law Commons^™

A Practitioner's Guide To The Maryland Antitrust Act, William L. Reynolds, James D. Wright

Faculty Scholarship

No abstract provided.

Recent Decisions, Phoebe A. Haddon

Faculty Scholarship

No abstract provided.

Constitutional Limits On The Decisional Powers Of Courts And Administrative Agencies In Maryland, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

No-Fault In A Fault Context: Tort Actions And Section 65b.51 Of The Minnesota No-Fault Automobile Insurance Act, Michael K. Steenson

Faculty Scholarship

The passage of the Minnesota No-Fault Automobile Insurance Act has created new problems for the Minnesota lawyer. Some of the most pressing problems concern the effect of the Act on tort actions. This article analyzes the provisions of the No-Fault Act dealing with limitations on tort recovery and suggests solutions to come of the many interpretive problems created by the Act.

Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Stevens V. Parke, Davis & Co., Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart

Faculty Scholarship

No abstract provided.

International Trade And Finance, Jagdish N. Bhagwati

Faculty Scholarship

Professor Tinbergen must hold a record in the number of Festschriften that have been written for him. His students and colleagues have reprinted his essays, as an interesting variation on the usual form of felicitation; and a volume of essays was presented by Bos in 1969. Now, Willy Sellekaerts has produced three volumes towards the same end! In a world of increasing output and diminishing time to read it, it is doubtful whether this Wicksellian phenomenon of exploding Festschriften for a single scientist should be applauded, regarded with amusement, or deplored! Does not the law of diminishing marginal utility apply …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie

Faculty Scholarship

No abstract provided.

Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Non-Nepa Legal Aspects Of Federal Coal Leasing And Development Policy: An Environmental Attorney's Analysis, John D. Leshy

Faculty Scholarship

No abstract provided.

The Entrapment Controversy, Roger C. Park

Faculty Scholarship

No abstract provided.

The Effect Of The Adoption Of Comparative Negligence On California Community Property Law: Has Imputed Negligence Been Revived?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Rhetoric, Consistency, And Human Progress, Legal Or Otherwise, George C. Christie

Faculty Scholarship

No abstract provided.

The Supreme Court And Its Impact On The Court Of Military Appeals, Scott L. Silliman

Faculty Scholarship

The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found …

Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.

Faculty Scholarship

Reviewing A. Cox, The Role of the Supreme Court in American Government

Public Opinion, The Death Penalty, And The Eighth Amendment: Testing The Marshall Hypothesis, Neil Vidmar, Austin Sarat

Faculty Scholarship

No abstract provided.

Class Actions, Richard Briffault

Faculty Scholarship

In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …

The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman

Faculty Scholarship

Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …

A Better Prepared Bar – The Wrong Approach, Michael I. Sovern

Faculty Scholarship

It is a pleasure for me to add my voice to this Symposium in pursuit of our shared goal of a better prepared bar. My Brother Clare and his estimable colleagues have labored most conscientiously to produce a proposal that they believe will bring us significantly closer to that goal. I respectfully disagree.

My disagreement does not, however, imply endorsement of all of the criticisms attracted by the report of the Advisory Committee on Qualifications to Practice Before the United States Courts in the Second Circuit (Clare Committee or Committee). To begin with, I do not at all quarrel with …

Pro Se Litigation -- Litigating Without Counsel: Faretta Or For Worst, Susan Herman, Ira P. Robbins

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger

Faculty Scholarship

During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …

Regulation Of Electroconvulsive Therapy, Carol Sanger

Faculty Scholarship

Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the …

The Metamorphosis Of Larceny, George P. Fletcher

Faculty Scholarship

To the modern lawyer, the rules of common law theft offenses do not seem ordered by any coherent principle. In this Article, however, Professor Fletcher shows that the common law of larceny can be understood in terms of two structural principles, possessorial immunity and manifest criminality. In the eighteenth and nineteenth centuries, as the modern style of legal thought evolved, first commentators and then courts lost their ability to understand these principles and came to rely on intent as the central element of criminal liability. As a result of this transformation, Professor Fletcher argues, the range of circumstances that can …

Juris: Legal Information In The Department Of Justice, James E. Hambleton

Faculty Scholarship

JURIS is the computerized legal information system being developed by the Department of Justice for use by its attorneys. The system has been devised not only to help in statutory and case law research, but to provide access to memoranda, briefs, and other work products generated in daily departmental activity. From modest beginnings, JURIS has grown in use and in data-base capabilities. JURIS search strategy, which involves building up sets of data into a search "tree" has proven to be effective for its users. After a year-long evaluation project was completed in May 1975, the results indicated enough user acceptance …

Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman

Faculty Scholarship

On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …

Ethical Relativism And The Problem Of Incoherence, David B. Lyons

Faculty Scholarship

Ethical relativism flirts with incoherence by suggesting that incompatible judgments can both be true. This paper shows that some relativistic theories avoid incoherence while others do not. Some theories ground moral judgments on principles ascribed to social groups while others ground moral judgments on principles ascribed to individuals. Some theories regard the relevant principles as applicable to an individual’s own action (agent relativism) while others regard the relevant principles as applicable to the individual’s moral judgments (appraiser relativism). Some theories regard moral judgments as possessing truth values while others regard moral judgments as lacking truth values. Relativistic theories suffer from …