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The Moralist As Expert Witness, Richard Delgado, Peter Mcallen

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No abstract provided.

The Regulation Of Labor Unions, Theodore J. St. Antoine

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This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

Eight Cases And Section 251, James J. White

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[A] continuing sense of reliance and security that the promised performance will be forthcoming. . . is an important feature of the bargain-so states Comment 1 to section 2-609 of the Uniform Commercial Code. At common law, one party to a contract might suffer considerable and justifiable anxiety about the other party's willingness or ability to perform and yet have no legal basis for cancelling the contract or for procuring additional assurances from the other party. Section 251 of the Restatement (Second) of Contracts is designed to provide a remedy for one party's reasonable fears that the other party to …

How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar

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Why the continuing storm of controversy over the exclusionary rule? Why the deep and widespread hostility to it? I think a recent law office search case, because it arose in a setting so unlike the typical search and seizure case, furnishes a clue. In O'Connor v. Johnson, St. Paul police obtained a warrant to search an attorney's office for business records of a client suspected of making false written statements in applying for a liquor license. The attorney happened to be present when the police arrived. Holding on to his work product file, which contained some of the records sought, …

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

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"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

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In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

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This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

National Labor Policy And The Conflict Between Safety And Production, Jonathan L.F. Silver

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No abstract provided.

Judicial Review Of Risk Assessments: The Role Of Decision Theory In Unscrambling The Benzene Decision, William H. Rodgers, Jr.

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[Reprinted in 13 Land Use & Envtl. L. Rev. 629-48 (1982).]

Cost-Benefit Analysis And The Separation Of Powers, Cass R. Sunstein

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No abstract provided.

Maximum Price Fixing, Frank H. Easterbrook

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No abstract provided.

State Pollution Statutes, David P. Currie

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No abstract provided.

Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart

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By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …

Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland

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No abstract provided.

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld

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There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …

Concurrence In Quotes: A Critical Assessment Of Chief Justice Burger's Objections To A Right To Treatment For The Involuntarily Confined Mentally Ill, Richard Delgado, Michael N. Alexander, Peggy Bernardy, Fran Bremer

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No abstract provided.

The Effect Of Dietary Supplements Of W3 Polyunsaturated Fatty Acids On The Fatty Acid Composition Of Platelets And Plasma Choline Phosphoglycerides, T. Sanders, Katherine Younger

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Although it is not known iflinolenic acid (18:3w3) is essential its derivatives are important (Tinoco et a/. 1979). Eicosapentaenoic acid (20:5w3) is the precursor of the triene prostaglandins (Gryglewski et a/. 1979) and when incorporated into platelet lipids may influence bleeding time (Sanders et al. 1980). Docosahexaenoic acid (22:0013) is a major component of human brain and retinal lipids and is found in its highest concentrations in the phosphoglycerides of synaptic membranes and rod outer segments implying that it has a role in neural transmission. Radiotracer experiments in vitro suggest that man can convert 18:3w3 to 20:5w3 and 22:0013 (De …

Cults And Conversion: The Case For Informed Consent, Richard Delgado

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No abstract provided.

Is Washington Ready For Merit Selection Of Judges, Hugh D. Spitzer, William S. Bailey

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In 1980, Seattle established a judicial merit selection process for the Seattle Municipal Court, based on an approach used in many other jurisdictions and by the federal government under President Carter. The Seattle plan represents the first time a merit selection commission of lawyers and lay people has been used for nonfederal appointments in Washington. The two individuals subsequently appointed to the Seattle Municipal Court have gone through one of this state's most rigorous judicial selection processes.

In this article, we will review how judges are presently selected in this state, the various methods of choosing judges in other jurisdictions …

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

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The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …

Dimer Excision In Escherichia Coli In The Presence Of Caffeine., Robert Rothman

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Article may be found at: http://jb.asm.org/cgi/reprint/143/1/520 The observation that polA1 and recL152 mutations result in both slow pyrimidine dimer excision and large repair patch size leads to the hypothesis that patch size is directly related to the rate of excision. In this study caffeine, a known inhibitor of excision repair, was used to examine the extent of correlation between excision rate and patch size by measuring patch size in the presence of several concentrations of caffeine. Both the rate of excision and the resistance to ultraviolet radiation were reduced with increasing concentrations of caffeine after irradiation. Caffeine also inhibited the …

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

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No abstract provided.

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

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No abstract provided.

The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner

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No abstract provided.

Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein

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No abstract provided.

Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein

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No abstract provided.

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

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No abstract provided.

Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford

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A number of observers presently believe that much federal rulemaking has become unduly complex, time-consuming, costly, and unwieldly,1 primarily because of the transformation of judicial review of rules promulgated after informal proce- dures into review on the administrative record. Former dean Carl Auerbach, for example, believes that this change in judi- cial review in the last decade has profoundly and adversely af- fected the rulemaking process on the administrative level.2 Auerbach suggests that requiring an agency to prepare a de- fense to all potential challengers of a proposed rule, regardless of the actual number or content of the challenges, imposes …

Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper

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The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that …

To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado

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Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them