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The Law And Economics Of Vertical Restrictions: A Relational Perspective, Victor P. Goldberg

Faculty Scholarship

Vertical restrictions between franchisors and their dealers have long been a thorny problem in antitrust law. Richard Posner's characterization of the case law as a "fiasco" and a "doctrinal shambles" is echoed by many other commentators. Perhaps partly because of the intellectual confusion in the area, the Supreme Court recently made an apparently sharp change in direction. In Continental T.V., Inc. v. GTE Sylvania Inc. the Court reversed the decade-old Schwinn per se doctrine, holding that at least some vertical restrictions deserve a rule of reason test. Whether this decision will prove a more durable precedent than Schwinn remains …

Unilateral Termination Of The 1954 Mutual Defense Treaty Between The United States And The Republic Of China Pursuant To The President's Foreign Relations Power, Ronald P. Cima

Vanderbilt Journal of Transnational Law

The act of terminating a treaty may initiate an international embroglio or create international arrangements as effectively as the act of entering into a treaty. Although the ramifications of each act may be significant, recent United States commentary has expressed greater concern over the constitutional efficacy of the methods by which the United States has entered international agreements than over the methods by which the United States has removed itself from them. President Carter's unilateral termination of the 1954 Mutual Defense Treaty between the United States and the Republic of China has raised the issue of which branch ought to …

Constitutional Challenge To The Marijuana Prohibition In Missouri Unsuccessful, Douglas Y. Curran

Missouri Law Review

No abstract provided.

Joint Custody Awards: Toward The Development Of Judicial Standards, Anne Adams Rabbino

Fordham Law Review

No abstract provided.

The Child-Parent Privilege: A Proposal, Susan Levine

Fordham Law Review

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 …

Indian Child Welfare Act Of 1978: A Response To The Threat To Indian Culture Caused By Foster And Adoptive Placements Of Indian Children, Manuel P. Guerrero

American Indian Law Review

No abstract provided.

Alaskan Natives: Eskimos And Bowhead Whales: An Inquiry Into Cultural And Environmental Values That Clash In Courts Of Law, Preston Michie

American Indian Law Review

No abstract provided.

1979-1980 School Year, St. Mary's University School Of Law

The Witan

No abstract provided.

Table Of Contents, Masthead, And Acknowledgement

Cardozo Law Review

The prefatory matter of this inaugural issue includes the table of contents, the masthead for Spring 1979, the Table of Articles—Titles, the Table of Articles—Authors, Notes and Comments, the Table of Cases, the Table of Statutes, the Index of Subjects, and acknowledgments given by the Board of Officers of Volume I, Cardozo Law Review (1979), and David S. Korzenik, Special Issue Editor.

Psychological Parenthood: Ties That Are Thicker Than Blood, Shira Ruskay

Cardozo Law Review

No abstract provided.

Reconciling Quinlan And Saikewicz: Decision Making For The Terminally Ill Incompetent, George J. Annas

Faculty Scholarship

One of the most perplexing problems in the medicolegal field concerns the criteria on which decisions not to treat terminally ill incompetent patients should be made. These decisions traditionally have been made by physicians in hospitals-sometimes with the assistance of the patient's family-on the basis of their perceptions of the patient's "best interests." Recently, two state supreme courts have ruled on this question. The New Jersey Supreme Court, in the Quinlan case, developed a medical prognosis criterion, and permitted the patient's guardian, family, and physicians to apply it with the concurrence of a hospital "ethics committee." The Massachusetts Supreme Judicial …

The Historical Background Of Common Article 3 Of The Geneva Convention Of 1949, David A. Elder

Case Western Reserve Journal of International Law

No abstract provided.

A Proposal For The Elimination Of Section 911, Jeffrey Hyman

Case Western Reserve Journal of International Law

No abstract provided.

Sino-Japanese Trade In The Post-Normalization Era, David Leng, Shao-Chuan Leng

Case Western Reserve Journal of International Law

No abstract provided.

Books Received, Books Received

Case Western Reserve Journal of International Law

No abstract provided.

Motion For Leave To File Brief Of Amicus Curiae - Brief Of Amicus Curiae Northwest Steelhead And Salmon Council Of Trout Unlimited - Washington V. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

Washington v. Washington State Commercial Passenger Fishing Vessel Ass'n, Docket Nos. 77-983, 78-119, 78-139 (443 U.S. 658 (1979))

No abstract provided.

The Changing Global Pattern Of Fisheries Management, Thomas A. Clingan Jr.

University of Miami Inter-American Law Review

No abstract provided.

The U.S. Distant Water Fishing Industry, William Utz

University of Miami Inter-American Law Review

No abstract provided.

Mariculture--Step Child Of The Law Of The Sea, Milford E. Shirley

University of Miami Inter-American Law Review

No abstract provided.

Regulating Carcinogens In Food: A Legislator's Guide To The Food Safety Provisions Of The Federal Food, Drug, And Cosmetic Act, Richard A. Merrill

Michigan Law Review

On March 9, 1977, the Food and Drug Administration (FDA) announced that a study in laboratory rats conducted by the Canadian government confirmed that saccharin is an animal carcinogen. For this reason, the agency stated, the sweetener must be banned from human food.

The studies which Congress mandated, to be accompanied by the recommendations of the Secretary of HEW, are likely to generate a fundamental reexamination of the nation's current food safety policies. This Article attempts to aid this inquiry by explaining the requirements of the present law. The Article describes the several statutory provisions that govern the regulation of …

The Ocean Dumping Dilemma, Stuart Weinstein-Bacal

University of Miami Inter-American Law Review

No abstract provided.

The Antarctic Regime: An Introduction, Bernard H. Oxman

University of Miami Law Review

No abstract provided.

Environmental Law: Progress Toward A Coherent Standard For The "Threshold Determination", John C. Hammar

Washington Law Review

Washington enacted the State Environmental Policy Act (SEPA) in 1971, which required that consideration be given to environmental factors for all developments proposed by either private or public entities. The legislature delegated authority to promulgate rules for SEPA's interpretation and implementation to a specially created state agency, the Council on Environmental Policy (CEP).9 The CEP was specifically directed to detail the procedures for completion of the "threshold determination," the test to determine whether an environmental impact statement (EIS) must be prepared. Responding to this task, it issued the SEPA Guidelines in December 1975, the culmination of two years of extensive …

The Surface Mining Control And Reclamation Act Of 1977., Lawrence B. Dale

St. Mary's Law Journal

Abstract Forthcoming.

Introduction Introduction., Douglas M. Costle

St. Mary's Law Journal

Abstract Forthcoming.

Nancy Jane Peart Roche V. Melvin Kent Roche : Brief Of Plaintiff-Respondent, Utah Supreme Court

Utah Supreme Court Briefs (1965 –)

Appeal from the Judgment of the First Judicial District Court for Box Elder County, State of Utah, the Honorable VeNoy Christoffersen, Judge.

An Act To Establish For The Placement Of Indian Children In Foster Or Adoptive Homes To Prevent The Breakup Of Indian Families, And For Other Purposes, United States Congress

US Government Documents Related to Indigenous Nations

This United States (US) public law, also known as the Indian Child Welfare Act (IWCA) passed on November 8, 1978, addressed the high rate of removal of Indigenous children from their homes. The law established federal standards for removal and placement of children, imposing guidelines that aim to keep Indigenous children connected to their tribe and to their culture.

Conscientious Objection To Public Education: The Grievance And The Remedies, Charles E. Rice

BYU Law Review

No abstract provided.

The Maine Coast : Issues Considered, Maine Coastal Program

Maine Collection

The Maine Coast : Issues Considered - A Report to the Governor by his Advisory Committee on Coastal Development and Conservation

Maine Coastal Program, Maine State Planning Office

Augusta, Maine (31 October 1978)

Contents: Introduction / Summary of Committee Recommendations / Fisheries / Port Development / Heavy Industry Siting / Travel and Tourism / Cumulative Impact of Development / Natural Resource Information Transfer