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Mentioning Expressions, Susan Haack Jan 1974

Mentioning Expressions, Susan Haack

Articles

No abstract provided.


Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox Jan 1974

Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox

Articles

No abstract provided.


Controlling Prosecutorial Discretion In Germany, John H. Langbein Jan 1974

Controlling Prosecutorial Discretion In Germany, John H. Langbein

Articles

No abstract provided.


Exclusionary Practices And The Antitrust Laws, Richard A. Posner Jan 1974

Exclusionary Practices And The Antitrust Laws, Richard A. Posner

Articles

No abstract provided.


Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood Jan 1974

Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood

Articles

No abstract provided.


Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel Jan 1974

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …


Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland Jan 1974

Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland

Articles

No abstract provided.


The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer Jan 1974

The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer

Articles

No abstract provided.


United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland Jan 1974

United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland

Articles

No abstract provided.


Watergate, Impeachment, And The Constitution, Philip B. Kurland Jan 1974

Watergate, Impeachment, And The Constitution, Philip B. Kurland

Articles

No abstract provided.


Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond Jan 1974

Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


Reflections On Experimental Techniques In The Law, Hans Zeisel Jan 1974

Reflections On Experimental Techniques In The Law, Hans Zeisel

Articles

No abstract provided.


Judicial Review In Latin America, Keith S. Rosenn Jan 1974

Judicial Review In Latin America, Keith S. Rosenn

Articles

No abstract provided.


Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen Jan 1974

Queries 'N Theories: An Instructional Game On The Dot, Dot, Dot... Approach To Scientific Method, Layman E. Allen

Articles

QUERIES 'N THEORIES provides a parallel to the strong inference approach to scientific method - designing experiments, observing data, and theorizing. The reiter- ated use of the DOT approach (Design, Observe, Theorize) in the problem-solving required by the game mirrors the regular, systematic application of strong inference in some areas of science (e.g., high energy physics and molecular biology) that have moved ahead much more rapidly than others. Moreover, the game embodies and provides practice in two aspects of scientific theorizing and designing which John Platt has pointed out as central to scientific advance: (1) the usefulness of multiple hypotheses …


Parental Preferences And Selective Abortion: A Commentary On Roe V. Wade, Doe V. Bolton, And The Shape Of Things To Come, Richard Delgado, Juith Droz Keyes Jan 1974

Parental Preferences And Selective Abortion: A Commentary On Roe V. Wade, Doe V. Bolton, And The Shape Of Things To Come, Richard Delgado, Juith Droz Keyes

Articles

Discusses whether a womans right to privacy extends to selective abortion based on foreknowledge of the characteristics such as race or sex of a fetus Presents a number of hypothetical yet realistic scenarios where some couples might find this attractive and explores the ethical underpinnings and social ramifications of the right to selective abortion


Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen Jan 1974

Formalizing Hohfeldian Analysis To Clarify The Multiple Senses Of 'Legal Right': A Powerful Lens For The Electronic Age, Layman E. Allen

Articles

Careful communication is frequently of central importance in law. The language used to communicate even with oneself in private thought profoundly influences the quality of that effort; but when one attempts to transmit an idea to another, language assumes even greater significance because of the possibilities for enormously distorting the idea. Word skill is to be prized.


Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper Jan 1974

Attempts And Monopolization: A Mildly Expansionary Answer To The Prophylactic Riddle Of Section Two, Edward H. Cooper

Articles

The efforts of activist antitrust lawyers to redefine the contours of attempted monopolization under section 2 of the Sherman Act1 have again forced the courts to wrestle with the classic antitrust dilemma: How far must single-firm competitive behavior be restrained to make competition free? The answer given by the majority of current decisions is that, absent some other established offense, single-firm behavior should be prohibited as an attempt to monopolize only when there is a specific intent to monopolize and the firm has come dangerously near to unlawful monopolization. A contemporary challenge to this orthodox answer is rapidly gaining force. …


Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining Jan 1974

Delegate Selection Reform And The Extension Of Law Into Politics, Joseph Vining

Articles

The fact that the 1972 presidential election introduced the formalities and some of the ideals of law into the gestation of national political power has been overshadowed by revelations about other aspects of the election campaign. But it will not be long before power will have to be organized and generated again from apartment blocks, meeting halls, and coffee parties, and ultimately incarnated in another President. At some point hearing examiners for the National Democratic Party will appear again in various communities. Rules will be studied, records made, and appeals taken, all for the purpose of deliberately deciding who may …


A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer Jan 1974

A Survey Of The Washington Industrial And Safety Act’S First Months Of Operation, Hugh D. Spitzer

Articles

The still brief existence of the Washington Industrial Safety and Health Act (WISHA)' has not begun to yield a full view of its operations, effects, strengths and weaknesses. But a look at the preliminary data compiled by the Division of Industrial Safety and Health of Washington's Department of Labor and Industries does give one an idea of the shape that the Act's enforcement will take, as well as its effect on the business and working communities.' This comment will provide a brief overview of Washington's early experience with the Act, based on statistics and interviews with the individuals responsible for …


Two Models Of Legal Education, Gerhard Casper Jan 1973

Two Models Of Legal Education, Gerhard Casper

Articles

No abstract provided.


Pleadings And Presumptions, Richard A. Epstein Jan 1973

Pleadings And Presumptions, Richard A. Epstein

Articles

No abstract provided.


Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland Jan 1973

Privileges Or Immunities Clause: Its Hour Come Round At Last, The Chapter 2, Philip B. Kurland

Articles

No abstract provided.


The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland Jan 1973

The Supreme Court, Compulsory Education, And The First Amendment's Religion Clauses, Philip B. Kurland

Articles

No abstract provided.


Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr. Jan 1973

Ernst Freund And The First Amendment Tradition--Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.

Articles

No abstract provided.


Professor Ernst Freund And Debs V. United States, Harry Kalven Jr. Jan 1973

Professor Ernst Freund And Debs V. United States, Harry Kalven Jr.

Articles

No abstract provided.


Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr. Jan 1973

Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.

Articles

No abstract provided.


A Theory Of Strict Liability, Richard A. Epstein Jan 1973

A Theory Of Strict Liability, Richard A. Epstein

Articles

No abstract provided.


The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …


Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine Jan 1973

Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine

Articles

Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …


Precision Teaching Of The Deaf, Morton Isaacs Jan 1973

Precision Teaching Of The Deaf, Morton Isaacs

Articles

Forty-eight deaf NTID students were randomly assigned to an introductory psychology course, 31 to a group which was conducted under a precision teaching method and 17 under the traditional lecture format. Although comparable initially in intelligence and hearing discrimination skills, the group which received the precision teaching scored 13.6 to 16.6 points higher in three written, multiple-choice examinations. They also indicated on a written questionnaire increased enjoyment of the course over the lecture group receiving identical material. It is hypothesized that noth increased learning and motivational factors bring about the examination score differentials.