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Articles 1 - 30 of 61
Full-Text Articles in Law
Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.
Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.
Faculty Scholarship
No abstract provided.
A Quarter-Century Of Transition In The New York Law Of Trusts And Estates, Bertel M. Sparks
A Quarter-Century Of Transition In The New York Law Of Trusts And Estates, Bertel M. Sparks
Faculty Scholarship
No abstract provided.
The Multiemployer Concept In The Public Sector, Louis B. Kimmelman
The Multiemployer Concept In The Public Sector, Louis B. Kimmelman
Faculty Scholarship
No abstract provided.
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Faculty Scholarship
No abstract provided.
Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin
Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin
Faculty Scholarship
No abstract provided.
The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel
The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Faculty Scholarship
No abstract provided.
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
Faculty Scholarship
Civil libertarians have little difficulty appreciating the plight of prisoners or mental patients. But tell the average civil libertarian that there are significant and unnecessary restrictions on the individual rights and liberties of patients in general hospitals, and you are likely to encounter a blank stare. There are a number of reasons for this lack of attention to hospitals. One is the general misconception that the problems are minor, or that certain temporary restrictions on individuals are essential if hospitals are to treat sick people properly. An unconscious desire not to perceive ourselves as being at risk may be another …
On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons
On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons
Faculty Scholarship
There are limits to the possible subjects of justification. Typically, it concerns human behavior and things that human intervention can affect. Failing special circumstances, it makes no sense to speak of justifying the weather. There may be other limits to the class of possible subjects for justification; for example, it is sometimes said that a thing cannot be justified unless it has been indicted, though it is not clear how this claim should be taken. For there simply may be no point in bothering to justify something that is not suspect in some way, and the relevant condition can generally …
Fairness And A Consumption-Type Or Cash Flow Personal Income Tax, Alvin C. Warren Jr.
Fairness And A Consumption-Type Or Cash Flow Personal Income Tax, Alvin C. Warren Jr.
Faculty Scholarship
No abstract provided.
Lewis M. Simes As Teacher, Bertel M. Sparks
The Unbundling Of Higher Education, William K.S. Wang
The Unbundling Of Higher Education, William K.S. Wang
Faculty Scholarship
No abstract provided.
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The eleven pioneer states that have adopted the Uniform Probate Code have amended its provisions in various ways. This Article reviews the changes made in article III, the central procedural section of the Code. The Authors analyze the import of these amendments, considering the interplay between the carefully drafted provisions of the Code and its policy of uniformly minimizing the iudicial intervention and expense involved in the administration of estates. The Authors' analysis of these first enactments should prove helpful in those states currently considering adoption of the Uniform Probate Code as well as to lawyers and the courts in …
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Faculty Scholarship
Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.
The Taney Period, 1836-64, David S. Bogen
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
William Howard Taft And Charles Evans Hughes: Conservative Politicians As Chief Judicial Reformers, Peter G. Fish
William Howard Taft And Charles Evans Hughes: Conservative Politicians As Chief Judicial Reformers, Peter G. Fish
Faculty Scholarship
In the twentieth century the Chief Justice of the United States has played a leading part in judicial reform.
Disclosure Of Hidden Energy Demands: A New Challenge For Nepa, Michael B. Gerrard
Disclosure Of Hidden Energy Demands: A New Challenge For Nepa, Michael B. Gerrard
Faculty Scholarship
The specialization of the American economy obscures the identity of the ultimate users of energy, even from themselves. As a result consumers remain ignorant of the amount of energy which they use, and of the efficiency of that usage. Direct personal use of energy in the United States, such as electricity and natural gas for home heating, cooking and lighting, and gasoline for private automobiles, accounts for only about one-third of national energy use. Usage by industry and government to provide for the intermediate and final goods and services, for which we as individuals ultimately pay through our purchases and …
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
The Right Deed For The Wrong Reason: A Reply To Mr. Robinson, George P. Fletcher
Faculty Scholarship
So far as there is a school of criminal theory in the United States, it is a school devoted to sifting and celebrating the purposes of the criminal law. Discussions in the literature are dominated by endless recitals of the deterrent, rehabilitative and retributive functions of criminal sanctions. The orthodox view is that all of these purposes are relevant and that any proposed rule of criminal law must be measured by its tendency to further one or all of these goals. If the issue is punishing negligence, for example, the standard mode of analysis is to ask whether punishing negligent …
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of “The Sweeping Clause”, William W. Van Alstyne
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of “The Sweeping Clause”, William W. Van Alstyne
Faculty Scholarship
Our recent years have been a halcyon period of constitutional debate over the implied and incidental powers of the presidency.
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman
The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman
Faculty Scholarship
When the Supreme Court, in Argersinger v. Hamlin, extended the right to counsel to misdemeanor defendants facing imprisonment, it raised the prospect of an eventual expansion of this right to defendants in all criminal prosecutions. This expansion appears to be the probable culmination of the historical development of the right to counsel. While prediction from a trend is never fully satisfactory, a trend toward such expansion exists nonetheless. The interpretation of the scope of the sixth amendment right to counsel as applied to the states has evolved from application to defendants in capital cases, to application to those whose lack …
Taking Stock Of Detainer Statutes, Larry Yackle
Taking Stock Of Detainer Statutes, Larry Yackle
Faculty Scholarship
A detainer is a warrant or hold-order placed on a person already in custody to insure that the prisoner, upon completion of the term he is serving, will be available to the authority which filed the detainer. While penal and correctional methods and philosophies have moved far along the road of progress, this system has persistently and imperturbably plagued penal administrators, courts, and institutional personnel. Unnumbered times a detainer has proved the stumbling block to a law violator on his way to recovery.
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Judicial Scrutiny Of "Benign" Racial Preference In Law School Admissions, Kent Greenawalt
Faculty Scholarship
Racial preferences for blacks generate ambivalence in those who care about racial equality and also believe that individuals should be judged "on their own merits." This ambivalence is reflected in divergent "equal protection" values, the value of eliminating barriers to equality imposed on minority groups and that of distributing the burdens and benefits of social life without reference to arbitrary distinctions. It is hardly surprising, therefore, that after Marco DeFunis, Jr. challenged the constitutionality of racial preferences for admission to a state law school, the Supreme Court's resolution of the issue was awaited with intense interest and some trepidation. For …
Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas
Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas
Faculty Scholarship
"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …
The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle
The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle
Faculty Scholarship
There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fate of individual liberty in this Nation is in the hands of a Supreme Court whose newest members, cast in the intellectual likeness of a disgraced Executive, lack sufficient sensitivity to libertarian ideals to preserve the American democracy as we know it. Particularly for those who found in the Warren Court the moral leadership necessary to move the country toward a just resolution of the perplexing social problems that plague us all, the skies seem dark. Our constitutional system has always …
Constitutional Common Law, Henry Paul Monaghan
Constitutional Common Law, Henry Paul Monaghan
Faculty Scholarship
Mr. Justice Powell has publicly characterized the 1974 Term of the Supreme. Court as a "dull" one. Whatever the accuracy of that description, the 1974 Term was, in the public eye, a quiet one. When, late in the Term, the Court ordered the death penalty case held over for reargument, it ensured that the 1974 Term would generate few front-page testimonials to the supreme authority of the Supreme Court. But neither a dull nor a quiet Term can obscure the current reality that the Court's claim to be the "ultimate interpreter of the Constitution" appears to command more nearly universal …
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
The Future Of Sentencing Reform: Emerging Legal Issues In The Individualization Of Justice, John C. Coffee Jr.
Faculty Scholarship
The dilemma of the American sentencing judge is qualitatively unique. Because our system of criminal justice has embraced to a degree unequaled elsewhere the rehabilitative ideal that punishment should fit not the crime, but the particular criminal, the sentencing judge must labor to fulfill the dual and sometimes conflicting roles of judge and clinician. Entrusted with enormous discretion, he is expected to "individualize" the sentence he imposes to suit the character, social history, and potential for recidivism of the offender before him. Yet, because of the general absence in our Sentencing Reform system of meaningful procedures for the appellate review …
Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott
Constitutional Regulation Of Provisional Creditor Remedies: The Cost Of Procedural Due Process, Robert E. Scott
Faculty Scholarship
In recent years a series of Supreme Court decisions has purported to envelop the rights of defaulting debtors in an enlarged concept of procedural due process. The central theme underlying this development is clearly an attempt by the Court to impose some degree of constitutional control on the exercise of provisional creditor remedies. The path that leads from Sniadach v. Family Finance Corp. to North Georgia Finishing, Inc. v. Di-Chem, Inc., is however, far from clear and the cases have provoked serious questioning of the meaning and impact of this doctrine. Due process as reflected in Sniadach and Fuentes …