Digital Commons Network^™

Pacific Northwest Indian Treaty Fishing Rights, Thomas C. Galligan, Jr., Michael T. Reynvaan

Seattle University Law Review

This Comment analyzes and discusses this ongoing controversy, focusing on the treaty Indians' history, the background of the treaty negotiations and signings, the principles of construction governing the interpretation of Indian treaties, and the relevant legal precedents. It attempts to construct a coherent approach to the Washington fishing rights controversy emphasizing that the Washington Indians' paramount purpose in these treaties was maintaining the right to fish. Two lower court cases that successfully took account of the Indians' purpose and meaningfully effectuated that purpose in relation to twentieth century developments are Judge Boldt's decision in United States v. Washington (Boldt) and …

Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland

Articles

No abstract provided.

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld

Articles

There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …

Restrictions On Access To English Language Schools In Quebec: An International Human Rights Analysis, David E. Short

Canada-United States Law Journal

No abstract provided.

Applicability Of Content-Based Time, Place, And Manner Regulations To Offensive Language: The Burger Decade, The Supreme Court History Project: The Burger Court, Harold Quadres

Santa Clara Law Review

No abstract provided.

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The Rehabilitative Ideal, Barry C. Feld

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

The Arena: Defendant's Choice Of Forum, Clinton H. Coddington, Randolph S. Hicks

Journal of Air Law and Commerce

No abstract provided.

The Effectiveness Of Laws, Anthony Allott

Valparaiso University Law Review

No abstract provided.

The Linguistic Regime Of The European Communities: Some Problems Of Law And Language, L. Neville Brown

Valparaiso University Law Review

No abstract provided.

Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau

Faculty Scholarship

For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …

Busfare Increases And Administrative Irregularities, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Self-Incrimination And The Likelihood Of Prosecution Test, John L. Jr. Hines

Journal of Criminal Law and Criminology

No abstract provided.

The Language And Logic Of Law: A Case Study, David N. Haynes

University of Miami Law Review

Law is a social practice that consists of argument, in large part. This article is a case study of legal argument. The author has undertaken the study in the belief that the forms assumed by legal argument relate to lawyers' conscious or unconscious understanding about what is persuasive in a given legal context. One can articulate these understandings by identifying and describing particular forms of argument and by determining the circumstances in which lawyers use each form. The author examines a set of Supreme Court opinions, using as a guide one of the few contemporary attempts to organize and classify …

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Terrorism And National Liberation Movements: Can Rights Derive From Wrongs, Robert A. Friedlander

Case Western Reserve Journal of International Law

No abstract provided.

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Case Western Reserve Journal of International Law

No abstract provided.

Remarks Delivered On The Occasion Of The Fordham-Stein Dinner Award October 21, 1981, Warren Christopher

Fordham International Law Journal

Mr. Christopher dicusses the three key external factors in the success that were achieved during the Carter Administration. They are people, process and a profession.

Two Modes Of Legal Thought, George P. Fletcher

Faculty Scholarship

We should begin with a confession of ignorance. We have no jurisprudence of legal scholarship. Scholars expatiate at length on the work of other actors in the legal culture – legislators, judges, prosecutors, and even practicing lawyers. Yet we reflect little about what we are doing when we write about the law. We have a journal about the craft of teaching, but none about the craft of scholarship.

In view of our ignorance, we should pay particular heed to our point of departure. I start with the observation that legal scholarship expresses itself in a variety of verbal forms. Descriptive …

Analytical And Comparative Variations On Selected Provisions Of Book One Of The Louisiana Civil Code With Special Consideration Of The Role Of Fault In The Determination Of Marital Disputes, Thomas E. Carbonneau

Faculty Scholarship

This article is intended to be a type of "structuralist" commentary upon selected provisions in Book I of the Louisiana Civil Code. Its sole purpose is to illustrate, both for pedagogical and doctrinal reasons, some of the analytical difficulties to which these code provisions might give rise when they are read in a close textual fashion. It should be emphasized that this study is a textual commentary and not a historical assessment of the sources or origins of the code texts – the latter analysis is outside the purview of the present endeavor.

Accordingly, this article consists of a critical …

Constitutional Interpretation, Terrance Sandalow

Articles

"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …

Democracy And Distrust: A Theory Of Judicial Review, Michael Conant

Vanderbilt Law Review

This review is a critique of the major themes in Democracy and Distrust: A Theory of Judicial Review,' by Professor John Hart Ely of Harvard Law School. Ely primarily addresses the amount of discretion exercised by Supreme Court justices in deciding constitutional cases, a fundamental issue since few scholars today would contest the actual existence of the judicial review power of the Court. Ely's thorough scholarship presents a fine discussion of the Court's legitimacy when it extends its discretion beyond the base of the actual constitutional language. Professor Ely misses the mark, however, in his argument that certain open-ended constitutional …

Rawls, Justice, And The Income Tax, Charles O'Kelley

Faculty Articles

To the extent the primacy of justice is acknowledged in tax policy debate, such acknowledgment is coupled with the assertion that, of course, questions of justice cannot be meaningfully debated. The discussants then attempt to resolve the issue in question by use of ad hoc arguments of fairness and efficiency. The major purpose of this article is to show that not only is justice the primary issue, but that questions of justice can be meaningfully addressed. First, Professor O’Kelley examines some of the ad hoc arguments of fairness and efficiency which have been made by proponents of a consumption base …

Categories And The First Amendment: A Play In Three Acts, Frederick Schauer

Faculty Publications

No abstract provided.

Balzacian Legality: A Proposal For Natural Law Juridicial Standards Of Legality, Thomas E. Carbonneau

Faculty Scholarship

The task of the present article is twofold. First, it represents an attempt to make an original English language contribution to the continuing interdisciplinary inquiry, begun in France, into the presence of law in Balzac's The Human Comedy, by focusing upon themes and novels that have not been the subject of previous individual study. Second, it seeks to contribute to an area of growing interest to legal scholars in the United States – the study of law and literature – by providing an example of the insights one French novelist with legal training and experience had into questions that …

Reasonable Relation Reassessed: The Examination Of Private Documents By Federal Regulatory Agencies, Steve R. Johnson

Articles by Maurer Faculty

No abstract provided.

Our Perfect Constitution, Henry Paul Monaghan

Faculty Scholarship

Professor Monaghan takes issue with "due substance" theorists, who view the Constitution as protecting rights and values generated by current conceptions of political morality. In this Article, he examines and criticizes the theories advanced to justify looking to those current conceptions as an acceptable mode of reasoning about constitutional meaning. Professor Monaghan's own view is that the proper mode of ascertaining constitutional meaning is one that looks to original intent and precedent, a view that acknowledges the Constitution does not guarantee perfect government.

Communicating With Juries: Problems And Remedies, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …

Void-For-Vagueness—Judicial Response To Allegedly Vague Statutes—State V. Zuanich, 92 Wn. 2d 61, 593 P.2d 1314 (1979), Jeffrey Merle Evans

Washington Law Review

In light of the problematic nature of the void-for-vagueness doctrine, this note argues that a defendant should never have standing to challenge a statute as unconstitutionally vague unless sufficient facts have been established to allow the court to review the statute in its actual application to the defendant. If, however, Washington courts insist upon reviewing a challenged statute on its face, they should be alert to the possibility that judicial review under the void-for-vagueness doctrine will become unduly expansive. This note suggests that courts can minimize potential abuse by carefully framing the constitutional issue and by appropriately construing the challenged …

Black English And Equal Educational Opportunity, Michigan Law Review

Michigan Law Review

There is a danger that the King case will be misunderstood. The press has sometimes portrayed it as a vindication of the right to use black English in the classroom rather than of the educational opportunities of the children who speak it, and the King opinion itself is at times confusing. This Note clarifies the meaning of King and section 1703(f) by examining four critical steps in Judge Joiner's reasoning. Section I examines the court's holding that "language barriers" under section l 703(f) include impediments to equal educational opportunity arising from dialect differences, and concludes that although the court's argument …