Law Commons^™

Report Of The Dean 1971-1972, Thomas L. Shaffer

Journal Articles

This is my first report to you as dean of the Notre Dame Law School. It seems to me important to begin it with an assessment of the decade that intervened between 1961, when I graduated from the Law School, and 1971, when Father Hesburgh appointed me to be dean. I assess, of course, a decade of law at Notre Dame during most of which (1963-71) I participated as a member of the faculty. I made this assessment, in approximately these terms, to Father Burtchaell and to our students in March, 1971; to our Advisory Council in April, 1971; and …

Pendent Jurisdiction - The Problem Of "Pendenting Parties", William H. Fortune

Law Faculty Scholarly Articles

Federal courts have generally discouraged the joinder of a third party solely on the basis of a claim pendent to a federal cause of action. They have, however, been more liberal in allowing joinder in diversity cases. The author reviews the case law and argues that a more liberal attitude toward joinder should be adopted, except in diversity cases where, he believes, liberal joinder erodes the requirement of complete diversity.

Faculty Collective Bargaining And The Law Schools, Alvin L. Goldman

Law Faculty Scholarly Articles

Introductory address for a panel discussion at the annual meeting of the Association of American Law Schools.

Venue Of Civil Actions In Kentucky, William H. Fortune

Law Faculty Scholarly Articles

The purpose of this paper is primarily to analyze Kentucky’s venue statutes, and secondarily to suggest the path to reform. The paper is divided into four parts. Part I is a brief history of the confusion in Kentucky between jurisdiction and venue. Some exposure to this history is essential to an understanding of the older cases, which in some areas are the only cases in point. Part II is an analysis of the four major venue statutes in KRS Chapter 454: KRS § 452.400—actions involving land; KRS § 452.450-actions against corporations; KRS § 452.460—actions for personal injury or property damage; …

Survey Of Czechoslovak Laws Affecting East-West Trade, Stephen J. Vasek Jr.

Law Faculty Scholarly Articles

Between 1960 and 1967 all of the major codes of Czechoslovak laws were redrafted. The culminating work in the redrafting process was the New Economic Model (NEM) which became effective in January, 1967. Under the NEM, allocation of resources and trade decisions were to be made primarily on the basis of profitability. The key to the implementation of the profit motive was the new market price system, under which prices were eventually to be determined by supply and demand rather than set by administrative fiat. Bonuses were to be paid workers and managers based upon the profitability of their enterprise. …

Sentencing: The Use Of Psychiatric Information And Presentence Reports, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

It has become apparent that the two disciplines of law and psychiatry have a common "interface" in the field of criminal justice. Commentators generally agree that the administration of criminal justice is greatly aided by psychiatrists and psychiatric data. That is not to say, however, that the meeting of the disciplines has been without incident or misunderstanding. Problems have arisen because of divergent attitudes and goals of the professions. Some commentators say that the concerns of the two disciplines are not the same; others claim that much of the problem lies in the over-estimation of the certainty and reliability of …

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …

Due Process--Rights Of Confrontation & Cross Examination Accorded To Students At Expulsion Hearings, Margaret F. Brinig

Journal Articles

Tibbs v. Board of Education is the latest in a series of cases expanding the rights of high school students threatened with either expulsion or indefinite suspension. Although in most states a hearing is not explicitly required for student expulsion, recent cases have held that high school students are entitled to at least those "rudimentary elements of fair play" inherent in due process.

The safeguards now guaranteed by the decision in Tibbs are significant mainly because so few procedural rights were afforded secondary school pupils in the recent past. In the areas of appointed counsel and limitation of interim suspension, …

Some Professorial Fallacies About Rights, John M. Finnis

Journal Articles

Why do students usually get into a muddle when analysing legal situations in Hohfeldian terms? What is the use of trying to straighten out the muddles, and of teaching Hohfeldian analysis at all? The short answer to the first question is that Hohfeld was clear-headed in applying his scheme, but because of his writing style and his odd views about definition was regrettably gnomic about the meaning and inter-relations of the terms of that scheme. The short answer to the second question is that clear-headed familiarity with Hohfeld's scheme can bring with it an awareness of the questions regularly begged …

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …

Honors Convocation, University Of Michigan Law School

Commencement and Honors Materials

Program for the April 14, 1972 University of Michigan Law School Honors Convocation.

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.

Law Enforcement Control: Checks And Balances For The Police System, Mark Berger

Faculty Works

No abstract provided.

Police Field Citations In New Haven, Mark Berger

Faculty Works

No abstract provided.

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …

Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar

Articles

Bill Lockhart is truly an extraordinary man, not because his achievements have been so numerous and diverse - though they have - and not because his accomplishments carry a distinct mark of excellence and eminence - though they do. He is unusual because he is that combination of multiple gifts and powers rarely coalesced in a single human being. And we have spoken merely of the professional man; only those familiar with Bill's deep devotion to his family and heroic dedication to his church can fully comprehend how remarkable a person he is.

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …

Toward A Jurisprudence For The Law Office, Thomas L. Shaffer, Louis M. Brown

Journal Articles

Brown is the founder and foremost exponent of preventive law jurisprudence. Shaffer has dwelt in recent books and essays on the parallels between humanistic psychology and the fife of lawyers. In this dialogue they focus their somewhat diverse insights on law as living; on their agreement that lawyer-client decisions are law in any functional sense of the word; and on the premise that an explicable jurisprudence is implicit in the process of law office decision making.

Law School Grading: An Experiment With Pass-Fail, Richard O. Lempert

Articles

The story is told about a graduate of an Ivy League institution who, when asked by a law school admissions officer whether he was in the top half of his class responded quickly, "No sir, I'm one of those who make the top half possible." For better or worse, most students, once in law school, do not take low grade averages with such equanimity. Among the objects of their displeasure are they themselves, their instructors, course content, and the grading system which makes a top and bottom half possible. It is conceivable that high average students direct displeasure at the …

The Problem Of Social Cost Revisited, Donald H. Regan

Articles

SOME years ago, in a paper entitled "The Problem of Social Cost," Professor Ronald Coase asserted and argued for a proposition which has since acquired the convenient sobriquet "the Coase Theorem." The proposition is: That in a world of perfect competition, perfect information, and zero transaction costs, the allocation of resources in the economy will be efficient and will be unaffected by legal rules regarding the initial impact of costs resulting from externalities. Note that there are two claims being made, which it is well to separate for purposes of discussion. The first claim is that, under the conditions described, …

Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green

Articles

THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …