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James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White

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Jim Martin was my student, my colleague, and my close friend. His was a mind of independent ideas and uncommon sharpness. He was a scholar of national reputation, not just in one subject, but in three. Books that he authored or co-authored in Conflict of Laws, Civil Procedure, and Commercial Law are used in courses from coast to coast. He was a principal draftsman of a new statute, the Uniform Personal Property Leasing Act, that will soon be proposed for adoption in every state of the United States. He was a drafter of and a commentator on the Michigan Court …

The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette

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"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …

Thoughts On Teaching, Christina B. Whitman

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I teach in classrooms where, ten years ago, I sat as a student. People who were my teachers are now my colleagues. People who were my students are still my friends. The difference between teacher and student, it seems to me, is more appropriately described as progression through a life than as distinct positions in a hierarchy.

The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

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When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

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John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …

An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer

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Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …

Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

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This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

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This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers …

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

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Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs, …

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

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No abstract provided.

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

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The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.

Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee

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Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost

How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado

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No abstract provided.

The Author Replies, Richard Delgado

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No abstract provided.

Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado

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No abstract provided.

Testing The Limits Of Savings And Loan Tax-Free Mergers, Patricia D. White

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No abstract provided.

The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg

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Article by Wilfred Feinberg, Chief Judge of the United States Court of Appeals for the Second Circuit (1980–1988), regarding the history and duties of a chief judge of a court of appeals. Document includes handwritten notes and was originally published in the Fordham Law Review.

Text And Intellect, Monroe E. Price

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The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.

A Response To Fish And White, Richard H. Weisberg

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The article explores the dynamic interplay between the text and its interpreter within legal and literary hermeneutics, emphasizing the balance between the text's inherent qualities and the reader's contextual influences. It mediates between Fish's emphasis on professional context guiding interpretation and Fiss's advocacy for objective textual constraints, while highlighting White's view that judicial opinions should be complex and poetic, integrating cultural context.

Recognition, Use Of Force, And The Legal Effect Of United Nations Resolutions Under The Revised Restatement Of The Foreign Relations Law Of The United States, Malvina Halberstam

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No abstract provided.

The Evolution Of Refugee Status In International Law: 1920-1950, James C. Hathaway

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A refugee is usually thought of as a person compelled to flee his State of origin or residence due to political troubles, persecution, famine or natural disaster. The refugee is perceived as an involuntary migrant, a victim of circumstances which force him to seek sanctuary in a foreign country. Since Rome's reception of the fleeing Barbarians, States have opened their doors to many divergent groups corresponding in a general way to this description of what it means to be a refugee. During a period of more than four centuries prior to 1920, there was little concern to delimit the scope …

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

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The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.

Proposal For A Digital Pseudorandom Number Generator, C. Downey

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A digital hardware implementation of a linear congruential sequence generator using shift and add techniques of multiplication is described. The sequence is of long period, low serial correlation and is rectangularly distributed. The method has certain advantages over conventional feedback shift register techniques.

The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton

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No abstract provided.

Labor Markets And Labor Law Compared With Capital Markets And Corporate Law, Daniel R. Fischel

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No abstract provided.

Legitim In English Legal History, Richard H. Helmholz

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No abstract provided.

Book Review (Reviewing C. R. Cheney, The Papacy And England 1th-14th Centuries (1982) And The English Church And Its Laws, 12th-14th Centuries (1982), And Charles Duggan, Canon Law In Medieval England (1982)), Richard H. Helmholz

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No abstract provided.

Limits Of Antitrust, Frank H. Easterbrook

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No abstract provided.

Bright Line Fever And The Fourth Amendment, Albert W. Alschuler

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No abstract provided.

Kovacs And Toxic Wastes In Bankruptcy, Douglas G. Baird, Thomas H. Jackson

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No abstract provided.