Digital Commons Network^™

Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado

Articles

No abstract provided.

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …

Law Libraries Losing To ‘Double Inflation', Hugh D. Spitzer

Articles

In this short article, I will take a look at the largest law library in the Northwest, the University of Washington's facility, and outline how inflation is eating away at this particular institution. Then I will suggest some ways to cope with the problem if we want to maintain the quality of research materials which many of us are used to.

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

Articles

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

Articles

Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

Articles

This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …

Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky

Articles

No abstract provided.

Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira

Articles

No abstract provided.

Metcalf-Hatch Act: Profit, Politics And Pain, Henry Spira

Articles

No abstract provided.

Privacy, Secrecy, And Reputation, Richard A. Posner

Articles

No abstract provided.

The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner

Articles

No abstract provided.

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Articles

No abstract provided.

The Mobile-Source Provisions Of The Clean Air Act, David P. Currie

Articles

No abstract provided.

The Early Enforcement Of Uses, Richard H. Helmholz

Articles

No abstract provided.

The Alj Fiasco--A Reprise, Antonin Scalia

Articles

No abstract provided.

The Irrelevance Of The Constitution: The Religion Clauses Of The First Amendment And The Supreme Court, Philip B. Kurland

Articles

No abstract provided.

Primary Line Injury Under The Robinson-Patman Act: The Development Of Standards And Erosion Of Enforcement, Daniel J. Gifford

Articles

In the past it has been a most common practice of great and powerful combinations engaged in commerce-notably the Standard Oil Co., and the American Tobacco Co., and others of less notoriety, but of great in-fluence-to lower prices of their commodities, oftentimes below the cost of production in certain communities and sections where they had competition, with the intent to destroy and make unprofitable the busi-ness of their competitors, and with the ultimate purpose in view of thereby acquiring a monopoly in the particular locality or section in which the discriminating price is made. Every concern that engages in this …

Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado

Articles

No abstract provided.

Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine

Articles

If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

Articles

In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

Articles

The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.

Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner

Articles

A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …

Assessment Of Regional Myocardial Blood Flow And Regional Fractional Oxygen Extraction In Dogs, Using 15o-Water And 15o-Hemoglobin, J. Anthony Parker, George Beller, Bernard Hoop

Articles

A new approach to the assessment of regional myocardial blood flow and fractional oxygen extraction has been developed using 15O-water (H2- 15O) and 15O-hemoglobin (15O-Hb). Bolus doses (1 mCi) of H2-15O and 15O- Hb were injected 10 minutes apart into the left main coronary artery of 12 normal dogs. Sequential images of regional myocardial tracer clearance were obtained over 5 minutes with a positron camera. Myocardial blood flow calculated from the monoexponential washout of H2- 15O after background correction was 78 +/- 6 (SE) ml/100 g per min. Functional images of regional blood flow in which the image of peak …

Increasing Use Of The Sun: A Potential Role For The Energy Utilities, Dale Goble

Articles

No abstract provided.

Products Liability: The Search For The Middle Ground, Richard A. Epstein

Articles

No abstract provided.

United States Ratification Of The Human Rights Covenants, David Weissbrodt

Articles

On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3

Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld

Articles

DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE A THREAT …

Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch

Articles

No abstract provided.

A Response To Professor Dressler, Richard Delgado

Articles

No abstract provided.