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Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado Jan 1978

Ascription Of Criminal States Of Mind: Toward A Defense Theory For The Coercively Persuaded (Brainwashed) Defendant, Richard Delgado

Articles

No abstract provided.


American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jun 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …


Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine May 1977

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …


Solar Rights: Guaranteeing A Place In The Sun, Dale Goble Jan 1977

Solar Rights: Guaranteeing A Place In The Sun, Dale Goble

Articles

No abstract provided.


The Right Of Privacy, Richard A. Posner Jan 1977

The Right Of Privacy, Richard A. Posner

Articles

No abstract provided.


Judicial Review Under Federal Pollution Laws, David P. Currie Jan 1977

Judicial Review Under Federal Pollution Laws, David P. Currie

Articles

No abstract provided.


Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado Jan 1977

Religious Totalism: Gentle And Ungentle Persuasion Under The First Amendment, Richard Delgado

Articles

No abstract provided.


Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado Jan 1977

Organically Induced Behavioral Change In Correctional Institutions: Release Decisions And The New Man Phenomenon, Richard Delgado

Articles

No abstract provided.


Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar Jan 1977

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

Articles

In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6


God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen Jan 1977

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

Articles

Examines the applicability of existing constitutional law to state action that prohibits or burdens or declines to fund scientific research merely because the state considers the area inappropriate Posits that governmental decisions to limit scientific inquiry implicate constitutional values by virtue of the connection between science and knowledge


Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar Jan 1977

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

Articles

As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4


Federal Taxation Of The Assignment Of Life Insurance, Douglas A. Kahn, Lawrence W. Waggoner Jan 1977

Federal Taxation Of The Assignment Of Life Insurance, Douglas A. Kahn, Lawrence W. Waggoner

Articles

The most litigated estate tax issue concerning life insurance is whether the proceeds should be included in the insured's gross estate. This question usually is governed by section 2042 of the Internal Revenue Code of 1954, the estate tax provision directed specifically at life insurance. While the Tax Reform Act of 1976 wrought enormous changes in many areas of estate taxation, Congress did not change section 2042. Thus the several unresolved questions concerning the interpretation of that section remain unsettled. But the question of the includability of life insurance proceeds in the gross estate of the insured is not always …


Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver Jan 1977

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.


Animals Suffer For Science, Henry Spira Jul 1976

Animals Suffer For Science, Henry Spira

Articles

No abstract provided.


The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn Jan 1976

The Constitutional Guaranty Against Diminution Of Judicial Compensation, Keith S. Rosenn

Articles

No abstract provided.


The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond Jan 1976

The Jury Selection In The Mitchell-Stans Conspiracy Trial, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


The Rights Of Parents, Robert Levy Jan 1976

The Rights Of Parents, Robert Levy

Articles

No abstract provided.


Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert Jan 1976

Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert

Articles

The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.


Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine Jan 1976

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

Articles

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. …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar Jan 1976

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

Articles

There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …


Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar Jan 1976

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

Articles

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 …


The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton Jan 1976

The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton

Articles

The first part is a survey of the basic sources available to a person researching a problem on nuclear power. Three forms are discussed—bibliographies, U.S. government documents, and current awareness materials. The second portion is a selection of significant books on nuclear power and the law published since 1960. The third and final portion is a subject arrangement of law review articles published between 1957 and 1975. Used in conjunction with Atomic Energy and the Law: A Bibliography and Blueprint for Atomic Energy Literature: Legislative and Legal, this survey and bibliography will give the researcher a lead to the …


Enforcement Under The Illinois Pollution Law, David P. Currie Jul 1975

Enforcement Under The Illinois Pollution Law, David P. Currie

Articles

No abstract provided.


Accumulation Of The Capacity Of Initiation Of Deoxyribonucleic Acid Replication In Escherichia Coli, Irene Evans, Helen Eberle Jan 1975

Accumulation Of The Capacity Of Initiation Of Deoxyribonucleic Acid Replication In Escherichia Coli, Irene Evans, Helen Eberle

Articles

Several temperature-sensitive initiation mutants of Escherichia coli were examined for the ability to initiate more than one round of replication after being held at nonpermissive temperature for approximately 1.5 generation equivalents. The capacity for initiation was measured by residual synthesis experiments and rate experiments under conditions where protein synthesis and ribonucleic acid synthesis were inhibited. Results of the rate and density transfer experiments suggest that the cells may initiate more than one round of replication in the absence of protein or ribonucleic acid synthesis. This contrasts with the results of the residual synthesis experiments which suggest that, under these conditions, …


Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman Jan 1975

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

Articles

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 Jan 1975

Rulemaking Under The Illinois Pollution Law, David P. Currie

Articles

No abstract provided.


Division Of Marital Property, Max Rheinstein Jan 1975

Division Of Marital Property, Max Rheinstein

Articles

No abstract provided.


The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman Jan 1975

The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.


Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum Jan 1975

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

Articles

No abstract provided.


The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton Jan 1975

The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton

Articles

No abstract provided.