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The Federal Courts And The American Law Institute: Part I (1968); Part Ii (1969), David P. Currie Jan 1968

The Federal Courts And The American Law Institute: Part I (1968); Part Ii (1969), David P. Currie

Articles

No abstract provided.


Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner Jan 1968

Oligopoly And The Antitrust Laws: A Suggested Approach, Richard A. Posner

Articles

No abstract provided.


The Choice Among State Laws In Maritime Death Cases, David P. Currie Jan 1968

The Choice Among State Laws In Maritime Death Cases, David P. Currie

Articles

No abstract provided.


The Federal Courts And The American Law Institute Part I, David P. Currie Jan 1968

The Federal Courts And The American Law Institute Part I, David P. Currie

Articles

No abstract provided.


Book Review (Reviewing Joseph L. Sax, Water Law, Planning & Policy (Cases And Materials) (1968)), David P. Currie Jan 1968

Book Review (Reviewing Joseph L. Sax, Water Law, Planning & Policy (Cases And Materials) (1968)), David P. Currie

Articles

No abstract provided.


Court Delay Caused By The Bar, Hans Zeisel Jan 1968

Court Delay Caused By The Bar, Hans Zeisel

Articles

No abstract provided.


Slumlordism As A Tort: A Dissenting View, Walter J. Blum, Allison Dunham Jan 1968

Slumlordism As A Tort: A Dissenting View, Walter J. Blum, Allison Dunham

Articles

No abstract provided.


A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen Jan 1968

A Language-Normalization Approach To Information Retrieval In Law, Layman E. Allen

Articles

An information retrieval system (as distinguished from a document retrieval system) is described for handling statute-oriented legal literature. The Normalized Sentence-Index Matrix (N-SIM) system suggested differs from more traditional retrieval systems for legal literature in three respects: (1) the categories used for classification are normalized versions of sentences from statutes, regulations, treaties, constitutions, case opinions, legal treatises, law review articles, and other documents in legal literature, (2) the classification system is hierarchial and open-ended to evolve with the literature through time, and (3) the organization of the file facilitates some analysis of the literature by computer. A sentence is expressed …


The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel Jan 1968

The Process Of Penal Law Reform—A Look At The Proposed Michigan Revised Criminal Code, Jerold H. Israel

Articles

T HE subject of this symposium, the proposed Michigan Revised Criminal Code (Proposed Code),' is the product of a three-year study by a Joint Committee of the State Bar. The study was undertaken pursuant to a 1964 resolution of the State Bar Commissioners calling for a "complete revision of the criminal code to redefine crimes and penalties."'2 The Joint Committee is an extraordinarily large group, being composed of members of both the standing Criminal Jurisprudence Committee and the Special Code Revision Committee.' Its membership reflects great diversity in viewpoint and professional interests, including not only prosecutors, defense attorneys and judges, …


Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn Jan 1968

Joint Tenancies And Tenancies By The Entirety In Michigan—Federal Gift Tax Considerations, Douglas A. Kahn

Articles

The establishment of joint tenancy' ownership of property, or the termination of such a tenancy, may have federal gift tax consequences to the co-owners of the property. Consequently, the gift tax is a factor to be weighed before embarking on either of these ventures. The gift tax consequences are determined by the nature of the property rights enjoyed by the joint tenants under the controlling state property law, and accordingly it is desirable, where Michigan property law is applicable, to consider the Michigan law and the significance of that law to the operation of the gift tax. However, before discussing …


Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar Jan 1968

Do Police Sometimes Practice 'Civil Disobedience', Too?, Yale Kamisar

Articles

In a recent address, Mr. Joseph J. Casper, Assistant Director of the FBI, asserted that "a society living under the rule of law cannot permit persons to choose the Jaws which they will obey and the Jaws which they will break." But on reading the rest of his speech, one wonders whether he would strenuously object if the police were permitted to select the laws which they must obey and those they may disregard.


Broadcasting, Public Policy And The First Amendment, Harry Kalven Jr. Jan 1967

Broadcasting, Public Policy And The First Amendment, Harry Kalven Jr.

Articles

No abstract provided.


Book Review (Reviewing Walter V. Schaefer, The Suspect And Society: Criminal Procedure And Converging Constitutional Doctrines (1967)), Philip B. Kurland Jan 1967

Book Review (Reviewing Walter V. Schaefer, The Suspect And Society: Criminal Procedure And Converging Constitutional Doctrines (1967)), Philip B. Kurland

Articles

No abstract provided.


The European Common Market In Agriculture, Kenneth W. Dam Jan 1967

The European Common Market In Agriculture, Kenneth W. Dam

Articles

No abstract provided.


The Simple Truth-In-Lending, Hans Zeisel, Paul Boschan Jan 1967

The Simple Truth-In-Lending, Hans Zeisel, Paul Boschan

Articles

No abstract provided.


The Empty Cabinet Of Dr. Calabresi - Auto Accidents And General Deterrence, Walter J. Blum, Harry Kalven Jr. Jan 1967

The Empty Cabinet Of Dr. Calabresi - Auto Accidents And General Deterrence, Walter J. Blum, Harry Kalven Jr.

Articles

No abstract provided.


Upon Rereading Mr. Justice Black On The First Amendment, Harry Kalven Jr. Jan 1967

Upon Rereading Mr. Justice Black On The First Amendment, Harry Kalven Jr.

Articles

No abstract provided.


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."


Women In The Law, James J. White Jan 1967

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …


The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White Jan 1967

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …


Consumer Legislation And The Poor, Eric Schnapper Jan 1967

Consumer Legislation And The Poor, Eric Schnapper

Articles

No abstract provided.


The Japan-United States Salmon Conflict, Ralph W. Johnson Jan 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …


The Japan-United States Salmon Conflict, Ralph W. Johnson Jan 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …


De Tocqueville And The Role Of The Lawyer In Society, Phil C. Neal Jan 1966

De Tocqueville And The Role Of The Lawyer In Society, Phil C. Neal

Articles

No abstract provided.


Suitcase Divorce In The Conflict Of Laws: Simons, Rosenstiel, And Borax, David P. Currie Jan 1966

Suitcase Divorce In The Conflict Of Laws: Simons, Rosenstiel, And Borax, David P. Currie

Articles

No abstract provided.


Labor Arbitration: A Dissenting View, Bernard D. Meltzer Jan 1966

Labor Arbitration: A Dissenting View, Bernard D. Meltzer

Articles

No abstract provided.


The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr. Jan 1966

The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr.

Articles

No abstract provided.


Family Law And Welfare Policies: The Case For "Dual Systems", Thomas P. Lewis, Robert Levy Jan 1966

Family Law And Welfare Policies: The Case For "Dual Systems", Thomas P. Lewis, Robert Levy

Articles

No abstract provided.


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …