Digital Commons Network^™

Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler

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Debt Claims And Probate Jurisdiction In Historical Perspective, Richard H. Helmholz

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The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn

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Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland

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The Disease As Cure: 'In Order To Get Beyond Racism, We Must First Take Account Of Race', Antonin Scalia

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Accelerated Depreciation: A Proper Allowance For Measuring Net Income, Walter J. Blum

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Understanding The Short History Of Plea Bargaining, John H. Langbein

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Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

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In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein

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When Everett Fraser retired as Dean of the University of Minnesota Law School in June of 1948, he left to his successor a school ripe for change. The length and the strength of DeanFraser's administration,togetherwith the dramaticeffects of World WarII on the size and atmosphereof the school, had stifled the articulation andresolutionofseveralproblems.In theyearsfollowingFraser's retirement and the War's conclusion, issues long muted began to surface and developments long postponed began to require atten- tion. Through his seven-year administration,the new dean, May- nard E. Pirsig,preserved the school's traditionof excellence in its faculty and curriculum, while the groundwork was laid for the diffi- …

On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper

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To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …

Government Appeals In Criminal Cases: The 1978 Decisions, Edward H. Cooper

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The statute allowing the government to appeal from some forms of trial court defeat in criminal cases, 18 U.S.C.A. § 3731, has a long and tangled history. In its 1970 opinion in United States v. Sisson 9ui the Supreme Court wrestled mightily with a difficult problem under the statute as it then stood, and invited Congress to amend "this awkward and ancient Act." Soon afterward the act was amended. It now provides in part that the government may appeal in a criminal case

from a decision, judgment, or order of a district court dismissing an indictment or information as to …

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

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In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).

Accelerated Depreciation—Tax Expenditure Or Proper Allowance For Measuring Net Income?, Douglas A. Kahn

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Since the 1950s, it has become fashionable to attack various provisions of the Internal Revenue Code by calling them "subsidies" rather than "proper" means of measuring taxable income. These "subsidies" through Code provisions have come to be referred to as "tax expenditures," a term coined by Professor Stanley Surrey in a speech he made as Assistant Secretary of the Treasury for Tax Policy on November 15, 1967. In that speech, Professor Surrey stated that our tax system often deliberately departs "from accepted concepts of net income," so that by granting exemptions, deductions, and credits that are not appropriate to an …

Active Rationality In Judicial Review, Richard Delgado

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Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar

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Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

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In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

Civil Rights Litigation After Monell, Eric Schnapper

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This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado

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Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

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A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

The Imperial Mandate, Philip B. Kurland

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Private Property And The Constitution, Richard A. Epstein

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Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman

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The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.

Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman

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Pendent Parties, David P. Currie

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Privacy, Property Rights, And Misrepresentations, Richard A. Epstein

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Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner

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A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …

The Chicago School Of Antitrust Analysis, Richard A. Posner

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Res Judicata: The Neglected Defense, David P. Currie

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Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler

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Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein

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