Digital Commons Network^™

On Criminal Procedure, Bruce P. Archibald

Dalhousie Law Journal

Quebec jurists are sometimes want to decry, and justifiably so, the absence of recognition accorded the works of their Quebec colleagues by judges, practitioners and academics in the common law provinces of Canada.' In the field of criminal law this situation exists, even though one might have thought that practical pressures to present the latest argument on a general criminal defence or some aspect of criminal procedure would drive English speaking lawyers across linguistic barriers in search of solutions. Irene Lagarde's Droit pdnal canadien2 was the standard reference source for the francophone practitioner of Canadian criminal law for years, but …

Some Aspects Of United States-Korean Trade Relations, Tae Hee Lee

Penn State International Law Review (1982 - 2011)

What follows is a general orientation for lawyers to the most pressing problems affecting United States-Korean trade relations. Most of these problems are not traditionally legal in the narrow sense. Instead, they result from major differences in Korean and American economic and political policies, as well as the even greater cultural and economic differences between the two countries.

I have titled what follows an overview - an aerial photograph of the terrain - showing the main features of the geography. These features, however, cannot be presented all at once as in a photograph, but must be presented ad seriatim in …

Protecting Citizens From Cops And Crooks: An Assessment Of The Supreme Court's Interpretation Of The Fourth Amendment During The 1982 Term, Arnold H. Loewy

North Carolina Law Review

No abstract provided.

Book Review, Ellin E. Rosenthal

Case Western Reserve Journal of International Law

No abstract provided.

Predial Servitudes. By A.N. Yiannopoulos. St. Paul: West Publishing Co., 1983. Pp. 520. $51.00., Guthrie T. Abbott

Louisiana Law Review

No abstract provided.

Crying In The Wilderness: Legal, Racial, And Moral Codes In Go Down, Moses, Thadious M. Davis

MC Law Review

Symposium - The Law and Southern Literature

Pleading The Entrapment Defense: The Propriety Of Inconsistency, Michael H. Roffer

NYLS Law Review

No abstract provided.

Beyond 1984: Undercover In America—Serpico To Abscam, Robert I. Blecker

NYLS Law Review

No abstract provided.

Linguistic Diversity On The Airwaves: Spanish-Language Broadcasting And The Fcc, Bill Piatt

Faculty Articles

Hispanics constitute an increasingly substantial segment of the United States population. The Spanish language is an important part of the Hispanic culture, and is spoken in a large number of American homes. However, while the Federal Communications Commission (FCC) and the courts have required broadcasters to present programming to meet the needs of various minority groups, including the Hispanic community, there are no clear guidelines as to when this community has a right to programming in Spanish. Conversely, broadcasters have no guidelines for determining their obligation, if any, to present Spanish programming arises.

To resolve this issue, it is helpful …

Legal Theory And The Obligation To Obey, Philip E. Soper

Articles

Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

Recognizing The Unique Status Of Additional Named Insureds, Mark Pomerantz

Fordham Law Review

No abstract provided.

Arthur L. Corbin: His Kansas Connection, Robert H. Jerry Ii

Faculty Publications

When a farm-born Kansan becomes one of the great teachers, authors, and scholars in the history of Anglo-American law, the story of his Kansas connection is worth noting in a law review published in his native state. This is the story of Arthur L. Corbin's early years and of his life-long fondness for the university where his quest for excellence began.

Spinning The Legislative Veto, Girardeau A. Spann

Georgetown Law Faculty Publications and Other Works

I am delighted to have been given the opportunity to comment on Judge Breyer's proposal for a fast-track substitute to the legislative veto. Although the Supreme Court invalidated the legislative veto device in INS v. Chadha, Judge Breyer's proposal demonstrates that innovative thinking may well permit those with enough determination to circumvent the apparent effect of the Court's decision. Even more important, the proposal illustrates why such circumvention is possible.

As a doctrinal matter, the legislative veto poses a real dilemma--one that is rooted in fundamental uncertainty about the proper relationship between the Supreme Court and the elected branches of …

Listening And The Voiceless, Aviam Soifer

MC Law Review

Symposium - The Law and Southern Literature

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Law of the Sea: U.S. Policy Dilemma Edited by Bernard H. Oxman, David D. Caron, and Charles L. Buderi San Francisco: ICS Press, 1983. Pp. x, 184. $21.95.

The Fish Feud By David L. Vander Zwaag Lexington, Massachusetts: Lexington Books, 1983. Pp. xiii, 135. $21.95.

Negotiating Foreign Investments: A Manual for the Third World Edited by Robert Hellawell and Don Wallace, Jr. Washington, D.C.: International Law Institute, 1982. $95.00.

Political Rights for European Citizens By Guido Van DenBerghe United Kingdom: Gower Publishing Company, 1982. Pp.xii, 235. $38.00.

The International Law of Pollution By Allen L. Springer Westport, Connecticut: Quorum Books, …

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Constitutional Law As Moral Philosophy, Gerard E. Lynch

Faculty Scholarship

The seemingly inexhaustible debate over the proper role of the Supreme Court in constitutional adjudication concerns an issue of enormous practical importance: whether the Court has or should have the power to overturn the decision of a democratically elected legislature to, say, prohibit abortions, affects not only the allocation of significant political power, but also the moral lives and indeed the very bodies of millions of citizens. For this reason, many contributions to that debate, from academics as well as from practicing politicians, have burned with the passion of political commitment, seeking to influence events directly by persuading judges (or …

Beyond 1984: Undercover In America–Serpico To Abscam, Robert Blecker

Articles & Chapters

No abstract provided.

Pleading The Entrapment Defense: The Propriety Of Inconsistency, Michael H. Roffer

Articles & Chapters

No abstract provided.

The Interpretation Of Contracts Governing Corporate Debt Relationships, William W. Bratton Jr.

Cardozo Law Review

No abstract provided.

When Is A Car A Bicycle? And Other Riddles: The Definition Of A Security Under The Federal Securities Laws, Tom Arnold

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Judicial Opinion And The Poem: Ways Of Reading, Ways Of Life, James Boyd White

Michigan Law Review

This paper is an essay in what I want to call the poetics of the law. I begin with a largely autobiographical account of what seems to me a striking similarity in the ways in which poetry and law once were taught - and to some degree still are taught, though perhaps less comfortably so. My first object is to suggest some connections: between these two kinds of thought and expression; between the ways in which we are habituated to read texts of each sort; and between the dilemmas that confront readers and critics in each field. In doing these …

The Parol Evidence Rule: Promissory Estoppel's Next Conquest?, Michael B. Metzger

Vanderbilt Law Review

The parol evidence rule, at first glance, seems to be such a candidate for many reasons. The parol evidence rule has confused" and dissatisfied legal scholars for a long time; for example, Professor Wigmore condemned the rule as "the most discouraging subject in the whole field of evidence."' Bringing the rule within estoppel's domain could simplify the application of the rule,' and legal scholars should appreciate anything that could clarify and rationalize its application. Furthermore, that promissory estoppel already has made substantial incursions into the province of the Statute of Frauds may portend a similar role for promissory estoppel in …

Interpersonal Privacy And The Fourth Amendment, Albert W. Alschuler

Northern Illinois University Law Review

A preliminary examination of the extent to which the fourth amendment protects the privacy of interpersonal relationships and of information or property that one person has shared with another, focusing particularly on the need for subjecting the informant system to additional judicial control.

Postconviction Procedure, Cheney C. Joseph Jr.

Louisiana Law Review

No abstract provided.

Volume 56, Issue 6 (1983)

Obiter Dicta

No abstract provided.

Ins V. Lopez-Mendoza, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

Statistical Significance And The Burden Of Persuasion, David H. Kaye

Law and Contemporary Problems

No abstract provided.

Refining The Lawmaking Function Of The Supreme Court, Frederick Schauer

University of Michigan Journal of Law Reform

In this Article, I will address this second type of lawmaking. I want to explore the ways in which the Supreme Court, in its opinions, does and can guide the conduct of lower courts, legislatures, government agencies, government employees, and the public at large. Each of these groups, and others, is likely at times to have some direct need to know what the law is. And to the extent that part of our law is set forth in the opinions of the Supreme Court, this aspect of the craft of lawmaking should not be ignored. Although it is common in …

Reaffirmation Of The Prohibition Of Agreements Which Restrict Parallel Imports, Lisa C. Berry

University of Miami Inter-American Law Review

No abstract provided.