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Actions And Remedies Against Government Units And Public Officers For Nonfeasance, Paul T. Wangerin

Loyola University Chicago Law Journal

No abstract provided.

The Burger Court, The Commerce Clause, And The Problem Of Differential Treatment, Earl M. Maltz

Indiana Law Journal

No abstract provided.

Waters And Watercourses - Title To Waters And Water Rights In Lands Of United States - United States Has Reserved Rights To Water In National Forest Only For Purposes Of Timber And Watershed Management And Not For Purposes Of Wildlife Preservation, Recreation, Aesthetics Or Stock Watering, Tracy Mitchell

North Dakota Law Review

No abstract provided.

Marketing And Antitrust In Japan, John O. Haley

UC Law SF International Law Review

In a recent series of cases the Japanese Fair Trade Commission has adopted a strict illegality approach and held one of the more typical manufacturer-imposed market channelling arrangements to constitute an unfair business practice in violation of article 19 of the Japanese Antimonopoly and Fair Trade Law. This article assesses these cases and their implications in the context of Japanese antitrust regulation of marketing.

The Paradox Of A Life In Law, James R. Elkins

Law Faculty Scholarship

No abstract provided.

An Analysis Of The Maryland Mobile Home Park Act: A Need For Amendment, Steven G. Davison

University of Baltimore Law Review

The author analyzes the Maryland Mobile Home Park Act, concluding that, while it affords mobile home owners some significant protection against abusive practices of park owners, it leaves many questions unresolved. The author offers a series of suggestions for the Act's improvement.

An Assessment Of The Use Of Cost-Benefit Analysis In Regulatory Agency Decision Making, Michael S. Baram

Faculty Scholarship

CONSIDERABLE dissatisfaction has been expressed with the process and results of regulatory agency decision making. Recommendations have been made that the Federal agencies employ rational, "balancing" approaches such as cost-benefit analysis in conducting their standard setting and adjudicatory functions.

This paper examines some current uses of cost-benefit analysis by several agencies in their decision-making processes, and identifies and discusses apparent limitations.

The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky

Articles

No abstract provided.

What Does Bakke Require Of Law Schools? The Salt Board Of Governors Statement, Howard Lesnick

Statements

In 1979, Professor Lesnick wrote a statement for the Board of Governors of the Society of American Law Teachers after the Supreme Court's decision in University of California v. Bakke, 438 U.S. 265 (1978). The question addressed in the statement is: What changes (if any) in minority-admissions programs are university law schools now obligated to make to comply with the Supreme Court's decision in Bakke?

Probabilities And Proof: Can Hla And Blood Group Testing Prove Paternity?, David H. Kaye, Ira Mark Ellman

Faculty Scholarship

Advancing medical technology has produced tests which offer the opportunity to resolve paternity disputes with more accuracy than unaided traditional evidentiary techniques are likely to obtain. Because the biology underlying the statistical evidence in paternity cases offers a wealth of previously unavailable information which is certain to revolutionize the adjudication of paternity suits, but it is important that the courts not become so mesmerized by these new sources of evidence that they neglect to subject them to traditional principles of evidence applicable to all testimony. Additionally, for some time scholars have disagreed on the proper application of a probability formula …

The Implicit Teaching Of Utopian Speculations: Rousseau's Contribution To The Natural Law Tradition, Thomas E. Carbonneau

Faculty Scholarship

This article examines the evolution of natural law theory and Jean-Jacques Rousseau's contribution to it. The thesis that emerges from that examination asserts that the tension between law in its natural and positive forms is endemic to the human condition. If any common ground is to be found between theories of positivistic and natural law, it lies in the realization that natural law doctrine is not gratuitous and subjective optimism nor idealism pure and simple. The fact that natural law doctrine can serve but a role of general guidance, that it is alien to the concrete, positivistic manifestations of law, …

Asbestos Litigation: The Dust Has Yet To Settle , Jean O'Hare

Fordham Urban Law Journal

Asbestos litigation presents numerous problems as a result of industry inaction and government inattention to the situation. Through statistics, this article addresses two major impediments to asbestos litigation claims: statute of limitations and multiple defendants. Understanding that those affected by asbestos may not know for many years and that more than one company could be responsible is vital to finding equitable solution to the problems.

Nuz, 1979, New England School Of Art & Design

Limited-run Student Newspapers

Nuz was a student newspaper funded by the Student Association of the New England School of Art and Design. Writer, artist, and pop-culture historian Bhob Stewart was the newspaper's faculty advisor when he taught illustration at NESAD from 1970 to 1984.

Nervous Disabilities Induced By Repetitious Mental Trauma Held Noncompensable: Transportation Insurance Co. V. Maksyn, Patricia Sonders

SMU Law Review

No abstract provided.

The Fifth Amendment And The Guilty Plea: An Incompatible Association, Vivian Deborah Wilson

UC Law Journal

The author examines the anomaly of a court system which protects the fifth amendment rights of an accused during custodial interrogation, only to sacrifice those rights through accepting a negotiated plea of guilty at trial.

Former Civil Code Section 3369: A Study In Judicial Interpretation, Wesley J. Howard

UC Law Journal

California's unfair competition statute was enacted in 1933. It took nearly thirty years before the statute was interpreted in accordance with its "plain" meaning. Attorneys still suffer from a lack of understanding as to how this law is used in California by the Attorney General, District Attorney and other public and private consumer advocates. This Note traces the history of the statute, with suggestions as to future use of the versatile consumer protection tool.

Sexual Autonomy And The Constitutional Right To Privacy: A Case Study In Human Rights And The Unwritten Constitution, David A. J. Richards

UC Law Journal

The author examines the jurisprudential foundations of the constitutional right of privacy to explain how the idea of human rights justifies the application of such a right of privacy to consenting adult homosexual acts.

Foreword To The Corporate Social Resposibility Symposium: Reflections On Directions, William L. Cary, Harvey J. Goldschmid

UC Law Journal

No abstract provided.

King Solomon's Judgment Expressing Principles Of Discretion And Feedback In Legal Rules And Reasoning, Lawrence C. George

UC Law Journal

The Anglo-American legal system requires rules of law that are expressed directly and concisely. As a result, the full content of some legal principles remains unstated, occasionally giving the directly stated rule the appearance of a paradox in its application. Professor George examines three examples of such apparent paradoxes, terming them "Loops," "Reversals," and "Hitches." He explores their use in providing understandable statements of law, in allowing the use of feedback in judicial decisions, and in providing a cover for the exercise of judicial discretion.

The California Land Conservation Act Of 1965 And The Fight To Save California's Prime Agricultural Lands, John B. Dean

UC Law Journal

The Williamson Act, enacted in 1965 in response to continuing urbanization of agricultural land, utilizes preferential property taxation and voluntary, owner-initiated contracts with the local legislative body. This Note analyzes the Williamson Act in detail, and then evaluates the impact of the Act on the preservation of productive agricultural lands in three counties: Contra Costa, Alameda, and Santa Clara. The Note concludes that the Williamson Act program should be limited to prime agricultural lands, rather than nonurban lands generally, and property tax incentives to owners of such prime agricultural lands should be substantially increased. Further, the Note recommends the implementation …

Sex-Based Discrimination In Oklahoma Statutes, Martin Frey

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper

Articles

To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …

A Unified Theory Of Preemption And Access To Migrant-Worker Camps, Allan David Dinkoff

Hofstra Law Review

No abstract provided.

A Modest Proposal For Helping To Tame The Corporate Beast, Arthur S. Miller

Hofstra Law Review

No abstract provided.

Criminal Law: Recent Trends

Journal of Criminal Law and Criminology

No abstract provided.

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 …

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …

Privileged Communications Between Counsel And The Corporate Client, Robert G. Markey, Craig S. Bonnell

Cleveland State Law Review

At present inconsistent lower federal appellate court decisions governing the use of the attorney-client privilege and work-product doctrine apply to the discovery of communications between counsel and the corporate client. Because of the distinctions that have developed in the application of the corporate attorney-client privilege and work-product doctrine due to the unique factual settings in which the issues have arisen, prior case law may not be totally preempted by the Supreme Court decision in Upjohn. This article will explore some of these divergent opinions to determine the probable effect that the Court's decision in Upjohn will have upon communications between …

The Courts Take Flight: Scienter And The Migratory Bird Treaty Act

Washington and Lee Law Review

No abstract provided.

Consent Decrees: Can They Withstand The Charge Of Reverse Discrimination, Evet Abt

Santa Clara Law Review

No abstract provided.