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Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White May 1977

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …


Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia Jan 1977

Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia

Articles

No abstract provided.


The Right Of Privacy, Richard A. Posner Jan 1977

The Right Of Privacy, Richard A. Posner

Articles

No abstract provided.


The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner Jan 1977

The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner

Articles

No abstract provided.


Thoughts On Directed Verdicts And Summary Judgments, David P. Currie Jan 1977

Thoughts On Directed Verdicts And Summary Judgments, David P. Currie

Articles

No abstract provided.


Judicial Review Under Federal Pollution Laws, David P. Currie Jan 1977

Judicial Review Under Federal Pollution Laws, David P. Currie

Articles

No abstract provided.


Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel Jan 1977

Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel

Articles

No abstract provided.


Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz Jan 1977

Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz

Articles

No abstract provided.


Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland Jan 1977

Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland

Articles

No abstract provided.


Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond Jan 1977

Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond

Articles

Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …


Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer Jan 1977

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.


A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed Jan 1977

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

Articles

On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …


The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman Jan 1977

The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman

Articles

No abstract provided.


Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver Jan 1977

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.


Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado Jan 1977

Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado

Articles

No abstract provided.


Mondale On Mapp, Yale Kamisar Jan 1977

Mondale On Mapp, Yale Kamisar

Articles

Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …


Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert Jan 1977

Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert

Articles

This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …


God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen Jan 1977

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

Articles

Examines the applicability of existing constitutional law to state action that prohibits or burdens or declines to fund scientific research merely because the state considers the area inappropriate Posits that governmental decisions to limit scientific inquiry implicate constitutional values by virtue of the connection between science and knowledge


Legal Ethics And The Government Lawyer, Eric Schnapper Jan 1977

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …


Conflict Of Interest, Robert H. Aronson Jan 1977

Conflict Of Interest, Robert H. Aronson

Articles

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …


Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake Jan 1977

Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake

Articles

The dividends paid deduction provided for in section 561 of the Internal Revenue Code is of vital importance to any corporation that is subject to the accumulated earnings tax or the personal holding company tax. Either of these taxes, if applicable, is imposed in addition to the federal income taxes otherwise payable by the corporation.

Since the accumulated earnings tax is substantial and the personal holding company tax is downright confiscatory, a corporation must do whatever is necessary legally to avoid paying these additional taxes. A corporation subject to either of the taxes generally can avoid them only by taking …


Some Aspects Of Separation Of Powers, Edward Hirsch Levi Apr 1976

Some Aspects Of Separation Of Powers, Edward Hirsch Levi

Articles

No abstract provided.


Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman Jan 1976

Book Review (Reviewing Roberto Mangabeira Unger, Knowledge And Politics (1975)), Anthony T. Kronman

Articles

No abstract provided.


The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler Jan 1976

The Evidence: A Content Analysis Of The Huac Record, The Case Against Hua, Hans Zeisel, Rose Stamler

Articles

No abstract provided.


The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler Jan 1976

The Trial Judge's Role In Plea Bargaining, Part I, Albert Alschuler

Articles

No abstract provided.


Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer Jan 1976

Labor Arbitration And Discrimination: The Parties' Process And The Public's Purposes, Bernard D. Meltzer

Articles

No abstract provided.


Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood Jan 1976

Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood

Articles

No abstract provided.


The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel Jan 1976

The Demand And Standing Requirements In Stockholder Derivative Actions, Daniel R. Fischel

Articles

No abstract provided.


Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley Jan 1976

Book Review (Reviewing Louis Favoreu & Loïc Philip, Les Grandes Décisions Du Conseil Constitutionnel (1975)), James E. Beardsley

Articles

No abstract provided.


State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein Jan 1976

State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein

Articles

No abstract provided.