Digital Commons Network^™

Books Received

Maryland Journal of International Law

No abstract provided.

A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr

Faculty Publications

No abstract provided.

The Shifting Vocabulary Of Antitrust--Legal Linguistics In A Period Of Change, Betty Bock

Case Western Reserve Law Review

No abstract provided.

Calculating Fees Of Special Masters, David I. Levine

Faculty Scholarship

No abstract provided.

Calculating Fees Of Special Masters, David I. Levine

UC Law Journal

Special masters have been widely used in all phases of complex litigation, particularly in institutional reform cases. Too little attention, however, has been given to the question of how the fees of special masters should be fixed. This Article briefly reviews the history of the compensation of masters in England and in state courts. The Article then focuses on the regulation of masters' fees in the federal courts, with particular attention to the appropriateness of the standards used in institutional reform litigation. The Article suggests modifications to those standards to achieve better balance between the needs of special masters for …

Sanctions For Discovery Abuse Under New Rule 215 Procedure Forum., William W. Kilgarlin, Don Jackson

St. Mary's Law Journal

Abstract Forthcoming.

Risk In The 1980'S: New Perspectives On Managing Chemical Hazards, Cheryl F. Coodley

San Diego Law Review

This Article examines and critiques pending Congressional proposals for the way we manage risk and focuses on the regulation of substances that are potentially carcinogenic. The author argues that the federal role in risk management of carcinogenic substances has grown along with the extent of public concern. The author reviews the current federal regulatory framework and then analyzes pending Congressional proposals for changes in federal risk management. The author concludes that recent legislative proposals for centralization of scientific fact-finding would not result in greater consistency and predictability, and that agency coordination and use of scientific advisory panels offer less dramatic, …

Technology Diffusion And The Performance Of American Manufacturing: A Propsal For An Industrial Extension Service, Frank Ostroff

Michigan Journal of International Law

The purpose of this article is to propose an Industrial Extension Service modeled upon the Agricultural Extension Service, and suggest how it might effectively address certain fundamental problems hindering the performance of the American manufacturing sector. Part I highlights some probable causes of American manufacturing's declining relative performance. Part II discusses why firms may adopt new technology more slowly than would be optimal. Part III considers the model of the Agricultural Extension Service, pointing out those features that make it attractive and those features that would have to be changed in applying it to the industrial sector. Part III also …

Selected Survey Of Educational Law And Policy Literature

The Journal of Law and Education

No abstract provided.

A New Paradigm For Financial Regulation: Getting From Here To There, Stephen J. Friedman, Connie M. Friesen

Maryland Law Review

No abstract provided.

Suing Government, Michigan Law Review

Michigan Law Review

A Review of Suing Government by Peter H. Schuck

Employee Involvement In Decision-Making: European Attempts At Harmonization, Ruth A. Harvey

Michigan Journal of International Law

Part I of this note examines the sources of Community power over employment policy. Part II analyzes two Community directives approximating laws regarding employee involvement in dismissal procedures. It also examines the impact of these Community directives on two Member States, the Federal Republic of Germany (FRG or West Germany) and the United Kingdom. The note focuses on the FRG because its statutes have served as the model for Community directives, and because the harmonization of laws throughout the Community will provide unique benefits to the FRG. The note examines the United Kingdom because its government has historically had a …

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Worker Participation And American Unions: Threat Or Opportunity, Thomas A. Kochan, Harry Charles Katz, Nancy R. Mower

Upjohn Press

A comprehensive analysis of the effects of QWL and other forms of worker participation on the collective bargaining process.

Union-Management Cooperation: Structure, Process, Impact, Michael H. Schuster

Upjohn Press

Presents the findings of a five-year study of the structure, process and impact of six forms of union-management programs aimed at improving productivity.

The Place Of Agencies In Government: Separation Of Powers And The Fourth Branch, Peter L. Strauss

Faculty Scholarship

For the past few years the Supreme Court has been struggling with issues of government structure so fundamental that they might have been thought textbook simple, yet with results that seem to imperil the everyday exercise of law-administration. Under what circumstances can Congress assign the adjudication of contested issues in the first instance to tribunals that are not article III courts? The past century has witnessed the profuse growth of legislation assigning to special adjudicative tribunals – administrative agencies and other article I courts – the power to hold trial-type hearings that might otherwise have been placed in the article …

Decreeing Organizational Change: Judicial Supervision Of Public Institutions, Donald L. Horowitz

Duke Law Journal

In the last fifteen years or so, courts have issued a small but significant number of decrees requiring that governmental bodies reorganize themselves so that their behavior will comport with certain legal standards. Such decrees, addressed to school systems, prison and mental hospital officials, welfare administrators, and public housing authorities, insert trial courts in the ongoing business of public administration. In this article, Professor Horowitz traces the origins, characteristics, and consequences of organizational change decrees. He finds their roots in an unusually fluid and indeterminate system of procedural forms and legal rules, a system hospitable to the impact of changing …

Plant Closings: American And Comparative Perspectives, Benjamin Aaron

Chicago-Kent Law Review

No abstract provided.

One Hundred Footnotes To The New Law Of Possession And Acquisitive Prescription, Symeon Symeonides

Louisiana Law Review

No abstract provided.

Energy Policy: A Norwegian Perspective, Tore Tonne

Northwestern Journal of International Law & Business

Few countries in the industrialized West are more energy directed than Norway. Whereas most nations have paid particular attention to the relationship between their economic growth and the consumption of energy, Norway has to a high degree based her industrialization and economic growth on the exploitation of indigenous energy resources. Therefore, establishing principles of developing and using energy resources has been an important political topic in Norway since industrialization gathered headway near the turn of the century.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Book Reviews

Journal of Criminal Law and Criminology

No abstract provided.

Session Law 83-073, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Book Reviews, David M. Helfeld, Robert N. Covington, Howard J. Taubenfeld

Vanderbilt Journal of Transnational Law

U.S. Multinationals and Worker Participation in Management: The American Experience in the European Community By Ton DeVos Westport, Conn.: Quorum Books, 1981. Pp. 229.

Reviewed by David M. Helfeld

Cooperation between Management and Labor By Walter Kolvenbach Deventer, The Netherlands: Kluwer Law and Taxation Publishers, 1982. Pp. 89. Dfl. 65.00, $26.00.

Reviewed by Robert N. Covington

Utilization of Outer Space and International Law By Gijs Bertha C.M. Reijnen. Amsterdam, Oxford, New York: Elsevier,1981. Pp. 179. $65.30.

Reviewed by Howard J. Taubenfeld

U.C.C. Filings: Changing Circumstances Can Make A Right Filing Wrong. But Can They Make A Wrong Filing Right?, David Frisch

Law Faculty Publications

A secured party who wishes to perfect an Article 9 security interest by filing must file a proper financing statement in the correct office. If a security interest is perfected, changing circumstances, such as a lapse in time after a change in the location of the collateral, may transform the perfected security interest into an unperfected one. Consequently, the security interest, much to the dismay of the secured party, will be subject to all the deficiencies of an unperfected interest. But, under the Uniform Commercial Code, can the converse be true? That is, for example, can an unperfected security interest, …

Status Quo Ante Remedies Under The Federal Service Labor-Management Relations Statute, Joseph William Bell

UC Law Journal

An important achievement of the Carter Administration was the enactment of the Civil Service Reform Act of 1978. Title VII of that act, headed "Federal Service Labor-Management Relations" (Statute), governs collective bargaining in the federal sector, which includes more than two million employees. Section 7118(a)(7) of the Statute requires the Federal Labor Relations Authority (Authority) to impose certain effective remedies that will achieve the purpose of the Act. This Note focuses on the Authority's use of status quo ante remedies for violations of section 7116(a)(5), which makes it an unfair labor practice for a government agency "to refuse to consult …

The Institutionalization Of Conflict In The Reform Of Schools: A Case Study Of Court Implementation Of The Parc Decree, Janet Rosenberg, William R.F. Phillips

Indiana Law Journal

Symposium: The Sociology of Class Actions

NOTE: A printing error labeled this issue Spring 1982, when it should have been labeled Summer 1982

Handicapped Advocacy: Inherent Barriers And Partial Solutions In The Representation Of Disabled Children, David H. Neely

UC Law Journal

Handicapped children have long had difficulty in obtaining effective legal representation. This Article first identifies the factors that have rendered such representation complex and problematic, then enumerates several responsibilities that must be undertaken by an effective advocate in this field. These duties include the duty to consult with the client, his or her caretakers, and outside consultants; the duty to identify and resolve conflicts among clients or between the attorney and his or her clients; and the duty to negotiate actively with adversaries and concerned nonparties. The Article reviews current and proposed A.B.A. Codes of Professional Responsibility and concludes that …

The Training Of Court Managers, Harvey E. Solomon

BYU Law Review

No abstract provided.

[Statement Before The Subcommittee On State, Justice, Commerce, The Judiciary And Related Agencies Of The Senate Committee On Appropriations], J. Clay Smith Jr.

Selected Speeches

No abstract provided.