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Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel Jan 1978

Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel

Articles

Federal and state regulation of the cash tender offer makes it difficult for outsiders to win control of a corporation whose securities have been doing poorly in the capital market. Mr. Fischel argues that efficient capital market theory undermines the reasons usually given for these regulatory barriers and concludes that without these barriers the efficiency of the related market for corporate control would improve, His discussion also examines the courts' use of the business judgment rule in cases charging that managers have improperly dedicated corporate funds to measures that discourage tender offers, and extolls instead the recently devised compelling business …


Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz Jan 1978

Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz

Articles

No abstract provided.


Assessment Of Regional Myocardial Blood Flow And Regional Fractional Oxygen Extraction In Dogs, Using 15o-Water And 15o-Hemoglobin, J. Anthony Parker, George Beller, Bernard Hoop Jan 1978

Assessment Of Regional Myocardial Blood Flow And Regional Fractional Oxygen Extraction In Dogs, Using 15o-Water And 15o-Hemoglobin, J. Anthony Parker, George Beller, Bernard Hoop

Articles

A new approach to the assessment of regional myocardial blood flow and fractional oxygen extraction has been developed using 15O-water (H2- 15O) and 15O-hemoglobin (15O-Hb). Bolus doses (1 mCi) of H2-15O and 15O- Hb were injected 10 minutes apart into the left main coronary artery of 12 normal dogs. Sequential images of regional myocardial tracer clearance were obtained over 5 minutes with a positron camera. Myocardial blood flow calculated from the monoexponential washout of H2- 15O after background correction was 78 +/- 6 (SE) ml/100 g per min. Functional images of regional blood flow in which the image of peak …


Bakke's Wake, Philip B. Kurland Jan 1978

Bakke's Wake, Philip B. Kurland

Articles

No abstract provided.


Is The Era Constitutionally Necessary?, Philip B. Kurland Jan 1978

Is The Era Constitutionally Necessary?, Philip B. Kurland

Articles

No abstract provided.


Products Liability: The Search For The Middle Ground, Richard A. Epstein Jan 1978

Products Liability: The Search For The Middle Ground, Richard A. Epstein

Articles

No abstract provided.


Max Rheinstein, Gerhard Casper Jan 1978

Max Rheinstein, Gerhard Casper

Articles

No abstract provided.


Specific Performance, Anthony T. Kronman Jan 1978

Specific Performance, Anthony T. Kronman

Articles

No abstract provided.


Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb Jan 1978

Continental Criminal Procedure: Myth And Reality, John H. Langbein, Lloyd L. Weinreb

Articles

No abstract provided.


The Criminal Trial Before The Lawyers, John H. Langbein Jan 1978

The Criminal Trial Before The Lawyers, John H. Langbein

Articles

No abstract provided.


Torture And Plea Bargaining, John H. Langbein Jan 1978

Torture And Plea Bargaining, John H. Langbein

Articles

In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein

Articles

The first two articles in this series described the development of the University of MinnesotaLaw School under Deans William S. Pattee' and William Reynolds Vance.2 Dean Pattee had provided thesteady andaccommodatingleadershipneeded to lay theground- work for the years of ascendancy under Dean Vance. During his eight-year tenure at Minnesota, the most important of the many improvements Dean Vance had made was in the quality of the fac- ulty. Withatalentforrecognizingtheearlymanifestationsofscho- lastic excellence, Vance had attracted to the law school professors who developed into some of the leading scholars of their day. The work of Vance and these professorsmade the stillyoung schoolinto …


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein

Articles

In September 1888, William S. Pattee, the newly elected dean of the University of Minnesota's infant law department,' began, with the help of lecturers from the practicing bars of Minneapolis and St. Paul, to educate some 67 '"young gentlemen of zeal and promise' 2 in the law. Ninety years later, the University of Minnesota Law School continues this mission, with 62 full-or part-time faculty members, for the benefit of about 750 students. During this period, the school has been shaped by the administrations of six deans, has conferred over 7,500 J.D. or LL.B. degrees,3 has affected the lives of many …


United States Ratification Of The Human Rights Covenants, David Weissbrodt Jan 1978

United States Ratification Of The Human Rights Covenants, David Weissbrodt

Articles

On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3


Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld Jan 1978

Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld

Articles

DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …


Streak, Strip And Scanning Photographic Systems - An Overview Of Historical And Current Technologies, Andrew Davidhazy Jan 1978

Streak, Strip And Scanning Photographic Systems - An Overview Of Historical And Current Technologies, Andrew Davidhazy

Articles

A manuscript that was started in 1978 was found in a pile of papers and is presented here "as is" after it was transformed into text using Optical Character Recognition software. This was to be, and still someday may be (maybe upon the author's retirement!), an overview of the many facets and applications of streak and strip cameras.


A Response To Professor Dressler, Richard Delgado Jan 1978

A Response To Professor Dressler, Richard Delgado

Articles

No abstract provided.


Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton Jan 1978

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

Articles

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …


What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White Jan 1978

What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White

Articles

Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.


Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm Jan 1978

Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm

Articles

Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.


Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar Jan 1978

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less …


Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …


Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado Jan 1978

Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado

Articles

No abstract provided.


Algorithms For The Solution Of Systems Of Coupled Second-Order Ordinary Differential Equations, Brendan O'Shea Jan 1978

Algorithms For The Solution Of Systems Of Coupled Second-Order Ordinary Differential Equations, Brendan O'Shea

Articles

Several step-by-step methods for the computer solution systems of coupled second-order ordinary differential equations, are examined from the point of view of efficiency “time-wise” and “storage-wise”. Particular reference is made to a system arising in the close-coupling approximation of the Schroedinger equation. The stability of the solution is also considered.


Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer Nov 1977

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.


Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jun 1977

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Articles

I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …


American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jun 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …


Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine May 1977

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …


Judicial Protection Of Minorities, Terrance Sandalow May 1977

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …


Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers May 1977

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …