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The Pitfalls Of Interpretation, Richard A. Epstein Jan 1984

The Pitfalls Of Interpretation, Richard A. Epstein

Articles

No abstract provided.


The Participation Of Charities In Limited Partnerships, Michael H. Schill Jan 1984

The Participation Of Charities In Limited Partnerships, Michael H. Schill

Articles

No abstract provided.


The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson Jan 1984

The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

Articles

The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …


Efficiency Justifications For Personal Property Security, James J. White Jan 1984

Efficiency Justifications For Personal Property Security, James J. White

Articles

In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …


Use And Non-Use Of Contract Law In Japan, Whitmore Gray Jan 1984

Use And Non-Use Of Contract Law In Japan, Whitmore Gray

Articles

This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.


The Moral Responsibility Of Law Schools, Terrance Sandalow Jan 1984

The Moral Responsibility Of Law Schools, Terrance Sandalow

Articles

The subject I have been asked to address, the moral responsibility of-law schools, is perplexing, less because answers to the implicit question are uncertain than because the meaning of the question is unclear. Our ideas about moral responsibility have been formed in reference to individuals. They presuppose the existence of distinctively human characteristics such as understanding and will. What, then, can be meant by the moral responsibility of "law schools," institutions that, just because they are not human, necessarily lack these capacities?


Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn Jan 1984

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

Articles

No abstract provided.


An Essentially Semi-Rigid Class Of Modules, Brendan Goldsmith Jan 1984

An Essentially Semi-Rigid Class Of Modules, Brendan Goldsmith

Articles

No abstract available


Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk Jan 1984

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

Articles

The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.


Action Zone Theory And The Hearing-Impaired Student In The Mainstreamed Classroom, Rosemary Saur, Mary Jane Popp, Morton Isaacs Jan 1984

Action Zone Theory And The Hearing-Impaired Student In The Mainstreamed Classroom, Rosemary Saur, Mary Jane Popp, Morton Isaacs

Articles

This study examines the effect of the "action zone" phenomenon on the classroom participation of mainstreamed, hearing-impaired students. They are constrained by their need for visual input to sitting on the sides of the classroom out of the action zone. Six mainstreamed classes were observed and coded for location of student-teacher interactions. Action zone patterns were found in two classes. It was concluded that hearing-impaired students who must sit on the periphery of the classroom have similar opportunities to hearing students for participation when no action zone exists. When one does exist however they are at a great disadvantage.


The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert Jan 1984

The Force Of Irony: On The Morality Of Affirmative Action And United Steelworkers V. Weber, Richard O. Lempert

Articles

In recent years, affirmative action has posed difficult problems not only for courts and legislatures but also for individuals who puzzle over what is just. The claims made both by the proponents of programs that establish preferences on the basis of race and by their staunch opponents have an intuitive appeal. The slave society that preceded the Civil War and the Jim Crow era that endured for a century afterward are a shameful legacy for a nation that seeks to define itself in terms of justice and freedom. The proportionate underrepresentation of black people in positions of power and privilege …


The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1984

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado Jan 1984

Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado

Articles

No abstract provided.


The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado Jan 1984

The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado

Articles

No abstract provided.


Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam Jan 1984

Excluding Israel From The General Assembly By A Rejection Of Its Credentials, Malvina Halberstam

Articles

No abstract provided.


An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White Dec 1983

An Essay On The Conceptual Foundations Of The Tax Benefit Rule, Patricia D. White

Articles

A good deal has been written over the past forty-odd years about the tax benefit rule. Over this period the federal courts have decided many cases in which its application has been at issue, and the law journals have published a small but steady stream of commentary on the rule and its manifestations. Last term, in Hillsboro National Bank v. Commissioner, the Supreme Court issued an opinion that focused squarely, and at some length, on the tax benefit rule. Despite this attention, relatively little has been done to examine the conceptual foundations of the tax benefit rule and to …


Frank R. Kennedy, James J. White Nov 1983

Frank R. Kennedy, James J. White

Articles

In an academic world thickly populated with persons of unlimited ego but of limited scholarly output, Frank Kennedy stands out as a remarkable exception. On the one hand he is the author of scholarly writings too numerous to recount; on the other he is a man of deep humility. A reader or listener soon learns he has strong views which he states with power and precision. Yet his humility is such that he will listen patiently to the most idiotic view of a colleague or student and will kindly help them find their way.


The Spirit Of God And The Saints Of God, Harold Willmington Sep 1983

The Spirit Of God And The Saints Of God, Harold Willmington

Articles

No abstract provided.


Explicit Pl Self-Knottings And The Structure Of Pl Homotopy Complex Projective Spaces, Douglas Meadows Jul 1983

Explicit Pl Self-Knottings And The Structure Of Pl Homotopy Complex Projective Spaces, Douglas Meadows

Articles

We show that certain piecewise-linear homotopy complex projective spaces may be described as a union of smooth manifolds glued along their common boundaries. These boundaries are sphere bundles and the glueing homeomorphisms are piecewise-linear self-knottings on these bundles. Furthermore, we describe these self-knottings very explicitly and obtain information on the groups of concordance classes of such maps.


The Most Exciting Verse In The Bible, Harold Willmington May 1983

The Most Exciting Verse In The Bible, Harold Willmington

Articles

No abstract provided.


Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta May 1983

Adjacent Cell Interference In Fh-Mfsk Cellular Mobile Radio System, R. Viswanathan, Someshwar C. Gupta

Articles

The effect of adjacent cell interference in cellular mobile system using FH-MFSK transmission is evaluated quantitatively. The performance of base to mobile communication in the system is analyzed, assuming perfect synchronization between users in all the cells. Analysis of the system employing no power control shows that the number of simultaneous users possible at average bit error probability Pb of less than 1 × 10-3 is reduced greatly from the corresponding figure for the isolated cell (which is about 170). It is then shown that a simple power control strategy could reduce the adjacent cell interference significantly. A …


A Heat Pump Assisted Shower, Jim Mcgovern May 1983

A Heat Pump Assisted Shower, Jim Mcgovern

Articles

An energy-efficient water-heating system for a shower is proposed consisting of a low-powered heat pump, a storage tank and an instantaneous heater which, it is felt, may yield a favourable overall cost, in addition to reducing the primary energy consumption. Some preliminary work has been carried out in exploring this concept. It was considered at the outset that an overall coefficient of performance (COP) of 2 should be readily achieved. Values close to this have been realised with the first experimental prototype.


Scholarly Books: What, To Whom And Why, James J. White Mar 1983

Scholarly Books: What, To Whom And Why, James J. White

Articles

A consideration of the role that the books reviewed in this edition will play in the future of American legal thought has led me to speculate about the transmission of ideas into acts and about the role of books in that transmission. In certain arenas, tracing an idea from its origins to its ultimate application is straightforward. For example, the evolution of Germany's Schlieffen plan for invading France can be traced with little difficulty from the circumstances responsible for its birth, through years of refinement, to its eventual application in World War I. The development and acceptance of a medical …


Does God Heal Today?, Elmer L. Towns Jan 1983

Does God Heal Today?, Elmer L. Towns

Articles

No abstract provided.


The Purpose Of The Local Church, Harold Willmington Jan 1983

The Purpose Of The Local Church, Harold Willmington

Articles

No abstract provided.


Planting New Churches, Elmer L. Towns Jan 1983

Planting New Churches, Elmer L. Towns

Articles

No abstract provided.


Foreword, Gerhard Casper Jan 1983

Foreword, Gerhard Casper

Articles

No abstract provided.


The Meaning Of Judicial Self-Restraint, Richard A. Posner Jan 1983

The Meaning Of Judicial Self-Restraint, Richard A. Posner

Articles

No abstract provided.


Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein Jan 1983

Shaping The Eighteenth-Century Criminal Trial: A View From The Ryder Sources, John H. Langbein

Articles

No abstract provided.


Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein Jan 1983

Common Law, Labor Law, And Reality: A Rejoinder To Professors Getman And Kohler, Richard A. Epstein

Articles

No abstract provided.