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Articles 1 - 30 of 57
Full-Text Articles in Law
Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer
Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer
Faculty Scholarship
No abstract provided.
Negligent Samaritans Are No Good, George J. Annas
Negligent Samaritans Are No Good, George J. Annas
Faculty Scholarship
In the lead article attorney Miles Zaremski argues that ambiguities in good samaritan statutes have made them ineffective, and suggests that they be appropriately amended and clarified. This is one possible approach. However, after almost two decades of experimenting with this type of immunity legislation, an experiment which Zaremski seems to indicate has failed, it is worth considering at least two other alternatives: (I) repeal all good samaritan statutes; or (2) amend them to require health care professionals to stop and render emergency aid (the stated goal of good samaritan statutes).
Ambivalent Reflections On Regulation, Roberta S. Karmel
Ambivalent Reflections On Regulation, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Ambivalent Reflections On Regulation, Roberta S. Karmel
Ambivalent Reflections On Regulation, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin
Faculty Scholarship
No abstract provided.
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg
Faculty Scholarship
No abstract provided.
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer
Faculty Scholarship
No abstract provided.
Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz
Laetrile: The Battle Moves Into The Courtroom, Robert L. Schwartz
Faculty Scholarship
Controversy over the supposed cancer-curing drug laetrile continues to rage. Now it's up to the courts. substance that was used by ancient Greek physicians, has been available in the United States, legally or illegally, for a quarter of a century. The government's increased efforts to eliminate laetrile "pushing" by what are seen to be profiteering physicians has created a strengthened laetrile lobby that has successfully fought the medical establishment and succeeded in making the drug legal in more than a dozen states. The pro-laetrile lobby an assortment of cancer patients and their families, medical professionals, and conservative politicians -threatens to …
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Constitutional Law: Freedom Of The Press And A Reporter's Ability To Gather News, Barbara P. Blumenfeld
Faculty Scholarship
The author notes the Supreme Court should re-evaluate statements regarding a newsperson's right to gather news. By according great weight to a reporter's necessary task of gathering information, the press will have the tools necessary to make publishing meaningful and support the first amendment freedom of the press.
The Midstream Incorporation Of A Cash-Basis Taxpayer: An Update, Robert I. Keller
The Midstream Incorporation Of A Cash-Basis Taxpayer: An Update, Robert I. Keller
Faculty Scholarship
No abstract provided.
Balancing Freedom Of Speech, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen
Faculty Scholarship
No abstract provided.
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
One Year's Environmental Litigation: 1977-78, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis
Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis
Faculty Scholarship
No abstract provided.
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman
Faculty Scholarship
No abstract provided.
Federal Courts & Federal Rights, Gordon G. Young
Federal Courts & Federal Rights, Gordon G. Young
Faculty Scholarship
No abstract provided.
Annual Report Of The Electric Power Committee, J. David Prince
Annual Report Of The Electric Power Committee, J. David Prince
Faculty Scholarship
This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Zoning For The Mentally Ill: A Legislative Mandate, Deborah A. Schmedemann
Faculty Scholarship
Under the aegis of President John Kennedy, Congress first began to concern itself with the needs of the mentally ill over two decades ago. Bills providing for community mental health centers and congregate housing have appeared subsequently to attempt to expedite integration of the mentally ill into community life. These congressional mandates, however, have met with reluctance-if not hostility. While federal law makers have been the champion of deinstitutionalization, they have placed responsibility for implementation of their programs on the state and local levels. There, local governmental authorities have reacted defensively to exclude the mentally ill from their neighborhoods, primarily …
Letter To Hon. John H. Shenefield, William W. Schwarzer
Letter To Hon. John H. Shenefield, William W. Schwarzer
Faculty Scholarship
No abstract provided.
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
A Chicken In Every Pot, And Forty-One Channels For Every Television Set, William K.S. Wang
Faculty Scholarship
No abstract provided.
Law Books And Legal Publishing In America, 1760-1840, Jenni Parrish
Law Books And Legal Publishing In America, 1760-1840, Jenni Parrish
Faculty Scholarship
No abstract provided.
Economic Sanctions Against South Africa?–Lessons From Rhodesia, Joel R. Paul
Economic Sanctions Against South Africa?–Lessons From Rhodesia, Joel R. Paul
Faculty Scholarship
No abstract provided.
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Making Sense Of Desegregation And Affirmative Action, William W. Van Alstyne
Faculty Scholarship
This review discusses J. Harvie Wilkinson's "From Brown to Bakke" and its companion work, "Counting by Race: Equality from the Founding Fathers to Bakke and Weber" written by Terry Eastland and William J. Bennett. Wilkinson's work is found to maintain a narrow focus on its specific subject of school desegregation and the Supreme Court, but it suffers from over-exaggeration and an abundance of adornment in his writing style. "Counting" is a provocative piece that asserts the position that the Constitution is still not color-blind, despite what many have proposed, and makes an authoritative argument for such a claim.
The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt
The Unresolved Problems Of Reverse Discrimination, Kent Greenawalt
Faculty Scholarship
The current widespread use of remedial affirmative action programs makes the legitimacy of reverse discrimination a pragmatic social concern. That alone, however, would not explain the intense interest generated by Regents of the University of California v. Bakke. The question posed in the case compels our attention because it forces a choice between two values that occupy a high place in the liberal conception of justice and claim substantial support in the equal protection clause. On the one hand, justice requires that groups that have previously suffered gross discrimination be given truly equal opportunity in American life; on the other, …
Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher
Families With Service Needs: The Newest Euphemism, Stanley Z. Fisher
Faculty Scholarship
Juvenile court jurisdiction over "status offenders" - juveniles engaging in noncriminal misconduct such as truancy, running away, and "incorrigibility" - has become the subject of national debate. Most participants in the many-sided discussion agree that the system needs reform. The major disagreement, however, is between those who wish merely to reform the court's jurisdiction over this conduct, and those who would substantially eliminate it. This article concerns the newest reform proposal: to revise status offense jurisdiction under a new category entitled "Families With Service Needs" (FWSN). Proposed in 1977 by a federally funded task force, 5 the FWSN concept has …
Implementing A Progressive Consumption Tax, Michael J. Graetz
Implementing A Progressive Consumption Tax, Michael J. Graetz
Faculty Scholarship
Much scholarly debate has been devoted to the theoretical merits of using an individual's consumption expenditures as the basis for measuring ability to pay tax. In this Article, Professor Graetz examines the practical problems of implementing and administering a progressive consumption tax as an alternative to the income tax. He concludes that although a consumption tax is feasible, practical implementation difficulties, together with the political unlikelihood of enacting a tax which is both administratively workable and retains the alleged theoretical advantages of a consumption-based tax, argue against its adoption.
The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg
The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg
Faculty Scholarship
Vertical restrictions between franchisors and their dealers have long been a thorny problem in antitrust law. Richard Posner's characterization of the case law as a "fiasco" and a "doctrinal shambles" is echoed by many other commentators. Perhaps partly because of the intellectual confusion in the area, the Supreme Court recently made an apparently sharp change in direction. In Continental T.V., Inc. v. GTE Sylvania Inc. the Court reversed the decade-old Schwinn per se doctrine, holding that at least some vertical restrictions deserve a rule of reason test. Whether this decision will prove a more durable precedent than Schwinn remains …
The Defense Of Necessity In Texas: Legislative Invention Come Of Age, J. Thomas Sullivan
The Defense Of Necessity In Texas: Legislative Invention Come Of Age, J. Thomas Sullivan
Faculty Scholarship
No abstract provided.
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Rites Of Passage: Race, The Supreme Court, And The Constitution, William W. Van Alstyne
Faculty Scholarship
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Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Fiscal Jurisdiction And Accrual Basis Taxation: Lifting The Corporate Veil To Tax Foreign Company Profits, William W. Park
Faculty Scholarship
"No rules of international law exist to limit the extent of any country's tax jurisdiction." Although not yet locus classicus, this assertion summarizes a view that finds favor among academic and practicing lawyers. Even if it is admitted that a relevant nexus must exist between the taxing sovereign and the person, property, or income to be taxed, the competing jurisdictional claims of other states are seldom viewed as imposing limits on national competence. This Article will examine the conflicts among rival assertions of fiscal jurisdiction that result from attempts of capital-exporting states to tax the undistributed income of foreign companies.