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Articles 7441 - 7470 of 7768
Full-Text Articles in Entire DC Network
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein
Articles
No abstract provided.
Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie
Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie
Articles
No abstract provided.
Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford
Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford
Articles
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 …
National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine
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.
To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado
To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado
Articles
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
Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado
Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado
Articles
No abstract provided.
High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote
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 …
Criminal Procedure In Alaska, Jeff M. Feldman
Criminal Procedure In Alaska, Jeff M. Feldman
Articles
Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.
Does Rome Have A Lesson For Us?, Hugh D. Spitzer
Does Rome Have A Lesson For Us?, Hugh D. Spitzer
Articles
As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?
Rewriting Roe V. Wade, Donald H. Regan
Rewriting Roe V. Wade, Donald H. Regan
Articles
Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira
Articles
No abstract provided.
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney
Articles
Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …
Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes
Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes
Articles
No abstract provided.
Privacy, Secrecy, And Reputation, Richard A. Posner
Plea Bargaining And Its History, Albert W. Alschuler
The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner
The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner
Articles
No abstract provided.
Some Uses And Abuses Of Economics In Law, Richard A. Posner
Some Uses And Abuses Of Economics In Law, Richard A. Posner
Articles
No abstract provided.
Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie
Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie
Articles
No abstract provided.
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Book Review (Reviewing Charles L. Silberman, Criminal Violence, Criminal Justice (1978)), Albert W. Alschuler
Articles
No abstract provided.
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Brown V. Board Of Education Was The Beginning - The School Desegregation Cases In The United States Supreme Court: 1954-1979, Philip B. Kurland
Articles
No abstract provided.
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein
Articles
When William B. Lockhart resigned from the deanship of the University of Minnesota Law School in June 1972, a productive sixteen-year tenure came to an end. Guided in the early years by the recommendations of the 1955 Law School Self-Survey, Lockhart and his faculty achieved significant success in improving the school's relationship with the bar, in revitalizing the educational program, in improving the quality of the student body, and in maintaining the quality of the faculty. In the later years of his tenure, the law school successfully responded, under Lockhart's leadership, to a variety of challenges presented in the turbulence …
In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part V: The Lockhart Years -- A Time Of Achievement And Challenge, Robert Stein
Articles
Following the long and successful administration of Dean Everett Fraser (1920-1948), the University of Minnesota Law School's fourth dean, Maynard E. Pirsig (1948-1955), presided over seven transitional years at the school. With a talent for attracting young faculty members of extraordinary quality, he did much to enhance the school's tradition of excellence. But, at the same time, his administration suffered from the tensions incident to a changing relationship between the faculty and the dean. In 1955, a faculty-drawn self-survey provided the impetus for a statement of a new division of responsibility between dean and faculty, which clearly articulated both the …
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar
Articles
Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …
Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado
Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado
Articles
No abstract provided.
On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper
On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper
Articles
To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …
Accelerated Depreciation—Tax Expenditure Or Proper Allowance For Measuring Net Income?, Douglas A. Kahn
Accelerated Depreciation—Tax Expenditure Or Proper Allowance For Measuring Net Income?, Douglas A. Kahn
Articles
Since the 1950s, it has become fashionable to attack various provisions of the Internal Revenue Code by calling them "subsidies" rather than "proper" means of measuring taxable income. These "subsidies" through Code provisions have come to be referred to as "tax expenditures," a term coined by Professor Stanley Surrey in a speech he made as Assistant Secretary of the Treasury for Tax Policy on November 15, 1967. In that speech, Professor Surrey stated that our tax system often deliberately departs "from accepted concepts of net income," so that by granting exemptions, deductions, and credits that are not appropriate to an …
Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White
Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White
Articles
Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …
The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky
The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky
Articles
No abstract provided.
Civil Rights Litigation After Monell, Eric Schnapper
Civil Rights Litigation After Monell, Eric Schnapper
Articles
This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn
Articles
No abstract provided.