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Book Review (Reviewing Paul W. Bamford, Fighting Ships And Prisons: The Mediterranean Galleys Of France In The Age Of Louis Xiv (1973)), John H. Langbein

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The Rights Of Parents, Robert Levy

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Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining

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In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …

Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar

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In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …

Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine

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From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …

Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine

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Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …

Professional Responsibility: Education And Enforcement, Robert H. Aronson

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The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …

Enforcement Under The Illinois Pollution Law, David P. Currie

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

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Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz

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The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler

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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 …

Rulemaking Under The Illinois Pollution Law, David P. Currie

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

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

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Antitrust Policy And The Supreme Court: An Analysis Of The Restricted Distribution, Horizontal Merger And Potential Competition Decisions, Richard A. Posner

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The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner

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The Economic Approach To Law, Richard A. Posner

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The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel

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

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Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum

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Apollo Soyuz Test Project - Press Kit, Nasa

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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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Preferential Policies In Hiring And Admissions, James W. Nickel

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A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle

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Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …

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

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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 …

Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson

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The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …

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

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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; …

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

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IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

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For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2