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A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.


International Trial Observers, David Weissbrodt Jan 1982

International Trial Observers, David Weissbrodt

Articles

Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.


I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier Jan 1982

I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier

Articles

We who have undertaken the task of translating our AALL memories of personalities into words should not be viewed by our readers as having been present at the Narragansett Pier organizational meeting. We date from the early forties. No one now living can take any of us back to 1906. What we know of our early people we have gleaned from the Law Library Journal, and so should you, for we shall not talk of them. Ours is to be personal recollection, and we have known enough remarkable people to be content with that. Nor shall we talk of …


The Assassination Attempt, Yale Kamisar Jan 1982

The Assassination Attempt, Yale Kamisar

Articles

From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

This Article accepts and will develop the Court's isomorphic theory of immunity and privilege, and will show why Portash is nonetheless correct in result. A case for a broadened view of the privilege, partially because of the availability of testimonial immunity, will be made. Apftlbaum will be shown to be incorrect in result. This Article will also analyze the problem of immunized testimony and perjury by inconsistent statement, a problem faced once by the Court but left unresolved. Finally, this Article will discuss the constitutional requirements of an immunity statute, and consider an immunity case presently pending before the Supreme …


Editor's Introduction, Richard H. Weisberg Jan 1982

Editor's Introduction, Richard H. Weisberg

Articles

The article introduces a special issue of a journal dedicated to the field of Law and Literature, showcasing essays that highlight the enduring relevance of literary works in understanding legal themes and structures. It emphasizes the significance of Kafka's The Trial and other works by authors like Dickens and Chaucer in exploring legal systems and their societal impact. The issue also underscores the importance of interdisciplinary scholarship in advancing the field, demonstrating its ability to attract new voices and perspectives.


Selective Incorporation Revisited, Jerold H. Israel Jan 1982

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly …


Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White Jan 1982

Contract Law In Modern Commercial Transactions, An Artifact Of Twentieth Century Business Life?, James J. White

Articles

Diligent first year law students study contract law with a passion previously reserved for romantic objects and religious idols. Their professors lead them in extensive and difficult intellectual explorations of the wilds of contract law. There are careful analyses of why damage recovery X will stimulate performance Y, why recovery A is appropriate to encourage the aggrieved party to return to the market, and so on and so forth. Lurking behind this year long analysis are several inarticulate hypotheses: that they make rational evaluations of the threat of legal sanctions; that they respond in other varied and subtle ways to …


The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman Jan 1982

The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman

Articles

No abstract provided.


Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk Aug 1981

Full Faith And Credit, More Or Less, To Judgments: Doubts About Thomas V. Washington Gas Light Co., Stewart E. Sterk

Articles

Workmen's compensation awards, decrees of administrative tribunals rather than courts, present the question of how far the mandate of the full faith and credit clause should reach and whether the clause should bar a claimant from pursuing supplemental compensation in a second state. Recently, in Thomas v. Washington Gas Light Co., the Supreme Court decided that full faith and credit should not prevent a claimant from obtaining supplemental compensation. Professor Sterk criticizes the Court's analysis, demonstrating the Thomas Court's neglect of the federal interests that the clause should protect. After examining the clause and its policy underpinnings, Professor Sterk …


Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz Jul 1981

Book Review (Reviewing David M. Smith, Ed., English Episcopal Acta I: Lincoln 1067-1185 (1980)), Richard H. Helmholz

Articles

No abstract provided.


Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing Apr 1981

Faces Without Features: The Surface Validity Of Criminal Inferences, Peter Lushing

Articles

The article critiques the Supreme Court's decision in County Court v. Allen, arguing that the Court's approach to evaluating instructed inferences in criminal cases undermines the integrity of the fact-finding process. The central concern is that the Court's methodology, which assesses inferences as applied rather than on their face, fails to address the potential irrationality of such inferences and the pressure they may exert on jurors to convict without thorough consideration of the evidence. The article advocates for a more rigorous standard to ensure the rationality and constitutionality of instructed inferences in criminal trials.


Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel Jan 1981

Corporate Control Transactions, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


Chairman's Message, Antonin Scalia Jan 1981

Chairman's Message, Antonin Scalia

Articles

No abstract provided.


The Constitution In The Supreme Court: 1789-1801, David P. Currie Jan 1981

The Constitution In The Supreme Court: 1789-1801, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: 1789-1801, David P. Currie Jan 1981

The Constitution In The Supreme Court: 1789-1801, David P. Currie

Articles

No abstract provided.


United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein Jan 1981

United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein

Articles

No abstract provided.


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

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

Articles

No abstract provided.


The Disposition Of Felony Arrests, Hans Zeisel Jan 1981

The Disposition Of Felony Arrests, Hans Zeisel

Articles

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …


Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel Jan 1981

Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel

Articles

No abstract provided.


The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt Jan 1981

The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt

Articles

When the public debate began at the United Nations Commission on Human Rights on the question of disappeared persons, the atmosphere in the huge assembly hall was tense and expectant. The public gallery was jammed with the wives and families of those persons who had been "disappeared"- arrested, tortured, imprisoned, or possibly killed by governments which refused to admit any knowledge or responsibility. The concerned audience came from all over the world. A few had even been disappeared themselves, but had managed to escape.


Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy Jan 1981

Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy

Articles

There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9


Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt Jan 1981

Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt

Articles

No abstract provided.


A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith Jan 1981

A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith

Articles

In his book [2], Fuchs introduces the notion of a subgroup X of a Specker group P being a product and goes on to establish a Lemma [2, Lemma 95.1] which yields a useful characterization of the quotient and enables an easy derivation of Nunke’s characterization of epimorphic images of the Specker group [4]. Unfortunately this Lemma is incorrect as we show in section 1. In section 2 by suitably strengthening the hypothesis we regain a characterization of the quotient. Throughout, all groups are additively written Abelian groups and our notation follows the standard works of Fuchs [1], [2].


The Bankruptcy Tax Act Of 1980: A Brief Introduction, Edward A. Zelinsky Jan 1981

The Bankruptcy Tax Act Of 1980: A Brief Introduction, Edward A. Zelinsky

Articles

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 Jan 1981

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

Articles

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 …


The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman Jan 1981

The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman

Articles

No abstract provided.


Dimer Excision In Escherichia Coli In The Presence Of Caffeine., Robert Rothman Jan 1980

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

Articles

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 …