Digital Commons Network^™

Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn

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No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

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Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requisites for optimum judicial review generally. Failing to perceive any compelling reason to single out administrative cases for review in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper

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No abstract provided.

Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner

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No abstract provided.

The Economic Approach To Law, Richard A. Posner

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No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman

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No abstract provided.

Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond

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No abstract provided.

Substantial Compliance With The Wills Act, John H. Langbein

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Courts have long required literal compliance with the Wills Act formalities, automatically invalidating defectively executed wills. in this Article Professor Langbein argues for a functional rule of substantial compliance that would treat some such defects as harmless to the purposes of the Wills Act. He contrasts the functional analysis that excuses the principal will substitutes from compliance with Wills Act formalities, and he points to factors that make it likely that the substantial compliance doctrine would fit smoothly into existing practice without materially increasing the levels of probate litigation.

The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman

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No abstract provided.

Apollo Soyuz Test Project - Press Kit, Nasa

Articles

COSMONAUTS, ASTRONAUTS TO MEET IN SPACE

Two manned spacecraft will be launched into Earth orbit July 15 -- one from Merritt Island, Florida, and the other from Central Asia -- to bring into reality the May 1972 agreement between the United States and the Soviet Union to work toward a common docking system for future generations of spacecraft.

Unless stated otherwise within this repository collection, all materials are shared under the following Creative Commons license: [Creative Commons Attribution-NonCommercial 4.0 International License].

The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton

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No abstract provided.

Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow

Articles

Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …

Coherent And Noncoherent Detection Of Cpfsk, William P. Osborne, Michael B. Luntz

Articles

Continuous phase frequency shift keying (CPFSK) is potentially an attractive modulation scheme for use on channels whose performance is limited by thermal noise. In this paper results for the performance available with CPFSK are given for coherent detection and noncoherent detection with arbitrary modulation indices and arbitrary observation intervals.

This work serves two purposes. First, it provides interesting, new results for the noncoherent detection of CPFSK which indicate that the performance of such a system can be better than the performance of coherent PSK. Secondly, it provides a complete analysis of the performance of CPFSK at high SNR as well …

The Preparations For The Law Of The Sea Conference, John R. Stevenson, Bernard Oxman

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No abstract provided.

Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood

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No abstract provided.

The New Supreme Court, Philip B. Kurland

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No abstract provided.

United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland

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No abstract provided.

Book Review (Reviewing J.S. Cockburn, A History Of English Assizes 1558-1714 (1972)), John H. Langbein

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No abstract provided.

College Searches And Seizures: Students, Privacy, And The Fourth Amendment, Richard Delgado

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No abstract provided.

The Fourth Amendment As A Way Of Talking About People: A Study Of Robinson And Matlock, James Boyd White

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One way to regard what the Supreme Court has done in the cases it has decided under the Fourth Amendment is to say that it has created a specialized discourse of adjudication, a language in which it can talk about and dispose of the repeated conflicts that arise between an officer engaged in the process of crime control and a citizen upon whose freedom or security he intrudes. The events which bring these two figures together are bewildering in their variety and complexity, and the claims on each side are deeply felt and strenuously made. It has not been easy …

Parental Preferences And Selective Abortion: A Commentary On Roe V. Wade, Doe V. Bolton, And The Shape Of Things To Come, Richard Delgado, Juith Droz Keyes

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Discusses whether a womans right to privacy extends to selective abortion based on foreknowledge of the characteristics such as race or sex of a fetus Presents a number of hypothetical yet realistic scenarios where some couples might find this attractive and explores the ethical underpinnings and social ramifications of the right to selective abortion

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

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Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.

Stereotyping Of The Deaf Student And Klineberg's "Kernal Of Truth" Hypothesis, Morton Isaacs

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Investigation of stereotyping has generally taken place either well after the process has occurred or within laboratory situations. The recent formation of the National Institute for the Deaf (NTID) within the Rochester Institute of Technology (RIT) offered a rare opportunity to investigate what occurs when a stigmatizable minority group is introduced into a majority culture. The deaf in general are readily distinguishable from the hearing due to their inability to easliy follow verbal communications, wearing of hearing aids, use of manual communication involving gestures in addition to or in place of sounds, and other observable behavior. Klineberg (1950) proposed a …

A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer

Articles

The still brief existence of the Washington Industrial Safety and Health Act (WISHA)' has not begun to yield a full view of its operations, effects, strengths and weaknesses. But a look at the preliminary data compiled by the Division of Industrial Safety and Health of Washington's Department of Labor and Industries does give one an idea of the shape that the Act's enforcement will take, as well as its effect on the business and working communities.' This comment will provide a brief overview of Washington's early experience with the Act, based on statistics and interviews with the individuals responsible for …

Two Models Of Legal Education, Gerhard Casper

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No abstract provided.

Strict Liability: A Comment, Richard A. Posner

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No abstract provided.

Underprivileged Communications: Extension Of The Psychotherapist-Patient Privilege To Patients Of Psychiatric Social Workers Comments, Richard Delgado

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No abstract provided.

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

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In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …

Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine

Articles

Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …