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Articles 1 - 11 of 11
Full-Text Articles in Public Law and Legal Theory
Recent Publications, Journal Staff
Recent Publications, Journal Staff
Vanderbilt Law Review
Bakke, DeFunis, and Minority Admissions: The Quest for Equal Opportunity
By Allan P. Sindler.
Sindler describes the admissions programs at the Universities of Washington and California-Davis, and the respective experiences of Marco DeFunis and Allan Bakke that preceded their litigation. Then, documenting the disparity in academic qualifications between accepted minorities and rejected nonminorities, Sindler addresses the broad issue before the courts. Is the reservation of academic "places" for minorities an inherently two-track system, which operates as an illegal quota to exclude "better-qualified" applicants; or may a school utilize race as a basis for selection in order to fulfill other commitments …
Review Of The Legal Needs Of The Public, , Richard Lempert
Review Of The Legal Needs Of The Public, , Richard Lempert
Reviews
Both the title, The Legal, Needs of the Public, and the subtitle, The Final, Report of a National, Survey, of this volume are, quite fortunately, inapt. The report does not seek to quantify the legal needs of the public or to determine whether "needs" are being "met," and we are told by both Barbara Curran in her preface and Spencer Kimball in his foreword that this "final report" signifies the beginning and not the end of data analysis. This study (which I shall call the ABF study) is a joint undertaking of the American Bar Association Special Committee to Survey …
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
The Land Rights Of Indigenous Canadian Peoples, Brian Slattery
Brian Slattery
The problem examined in this work is whether the land rights originally held by Canada's Indigenous peoples survived the process whereby the British Crown acquired sovereignty over their territories, and, if so, in what form. The question, although historical in nature, has important implications for current disputes involving Aboriginal land claims in Canada. It is considered here largely as a matter of first impression. The author has examined the historical evidence with a fresh eye, in the light of contemporaneous legal authorities. Due consideration is given to modern case-law, but the primary focus is upon the historical process proper.
Regulating Conflict Of Interest Of Public Officials: A Comparative Analysis, Ross F. Cranston
Regulating Conflict Of Interest Of Public Officials: A Comparative Analysis, Ross F. Cranston
Vanderbilt Journal of Transnational Law
Conflicts between the public duties and private interests of government officials have received considerable attention and have produced a variety of legislative and executive actions. President Carter laid down high standards of behavior for his appointees; Congress tightened its financial disclosure requirements in 1977 and the Ethics in Government Act of 1978 embodies some of these measures in legislation. Britain established a register of Parliamentarians' interests in 1975 and a Royal Commission has made a report on the standards of behavior in public life. An Australian Joint Parliamentary Committee recommended a register of Parliamentarians' interests in 1975, and now a …
When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell
When Is It In The "Public Interest" To Authorize A New Bank?, David Parcell
University of Richmond Law Review
A 1977 article in this Review noted certain amendments to Virginia's Banking Act which introduced and defined the term "public interest" as the standard to be applied by the Virginia State Corporation Commission (hereinafter Commission) in regulating the expansion of the state-chartered banks and savings and loan associations in Virginia. That article summarized certain principles the Commission and the Virginia Supreme Court had applied under the former tests ("public need" and "public convenience and necessity"), and pointed out facts the Commission had considered significant in deciding those cases.
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
State Action And The Public Function Doctrine: Are There Really Public Functions?, William A. Diamond
University of Richmond Law Review
FlaggBros., Inc., v. Brooks is the latest in a series of cases pertaining to the issue of state action. In that case, the Court decided that "dispute resolution" was not a public function such that the actions of a private party must adhere to constitutional standards. Mr. Justice Rehnquist, in delivering the opinion of the Court, added that, when considering such functions as education, police and fire protection, and tax collection: "We express no view as to the extent, if any, to which a city or State might be free to delegate to private parties the performance of such functions …
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau
Seattle University Law Review
Legal philosophers, especially of the positivist variety, traditionally have assumed that the proponents of natural law theory present too facile an answer to the vexed question of whether an unjust law can be said to exist when it is duly sanctioned by legal and political authority. If not disappointed by the answer itself, they have been most unhappy with the explanation that accompanies it and, indeed, are prepared to challenge the very foundations of a theory of law which pays so little heed—either empirically or in terms of pure logic—to the actual operations of existing legal systems. Kant initiated the …
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Import Restraints And Industrial Performance: The Dilemma Of Protectionism, Walter Adams
Michigan Journal of International Law
It is the thesis of this article that the remedies for the import problem-- quotas, orderly marketing agreements, trigger price systems, and the like-do not provide adequate mechanisms for insuring acceptable industry performance or protecting the public interest. Instead of compelling--or even promoting-the kind of structural and behavioral changes which are imperative if an industry is to overcome its competitive infirmities, these protectionist devices, more often than not, are likely to have precisely the opposite effect, i.e., perpetuate the very infirmities that caused the industry's plight to begin with. In short, an ailing organism is not prepared for the …
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
An Administrator's Look At Antidumping Duty Laws In United States Trade Policy, Peter D. Ehrenhaft
Michigan Journal of International Law
Trade policymakers, like military strategists, are often "fighting the last war." Our present antidumping law was passed in 1921. It was a reaction to trade problems perceived in the years during and after World War I. The related countervailing duty law harks back to an even earlier era. Since their enactment we have tinkered with each. Administration of both statutes has been surrounded by extensive regulations and a body of unwritten practice. But solving the trade problems of today-if that is what we are doing-with this elaborate legal corpus will not necessarily provide us with a sensible guide to the …
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
The Moral Costs Of Crime: Prices, Information And Organization, Richard Adelstein
Richard Adelstein
More on price exaction, and punishments as conveyors of cost information in the criminal process.
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Informational Paradox And The Pricing Of Crime: Capital Sentencing Standards In Economic Perspective, Richard Adelstein
Richard Adelstein
A further development of the price exaction model and an application to the problem of sentencing standards.