Law Commons^™

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 …

On Understanding Chinese Law And Legal Institutions, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

Our unfamiliarity with Chinese legal institutions and policies toward law causes misunderstanding of the role of law in the People's Republic of China. The present unimportance of the formal legal system has deep historical reasons. As China's economy becomes more complex, regularity should increase, although it will remain controversial. In commercial contracts with the West, custom performs the role of law.

Trade Between The United States And The People's Republic Of China: Practice, Policy And Law, Stanley B. Lubman

Hong Yen Chang Center for Chinese Legal Studies

The author examines trade with the People's Republic of China, stressing Chinese commercial practice. He analyzes in detail aspects of negotiations, contracts and dispute-settlement which may be important to potential U.S. purchasers and sellers. The Article concludes with a survey of current problems of law and policy in Sino-U.S. trade.

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 …

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 …

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 …

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 …

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 …

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 …

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 …

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 …