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Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

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A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

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

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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.

Endomorphism Rings Of Torsion-Free Modules Over A Complete Discret Valuation Ring., Brendan Goldsmith

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No abstract available.

Privacy, Property Rights, And Misrepresentations, Richard A. Epstein

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No abstract provided.

Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler

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No abstract provided.

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

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No abstract provided.

Is The Era Constitutionally Necessary?, Philip B. Kurland

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No abstract provided.

Torture And Plea Bargaining, John H. Langbein

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In this essay I shall address the modem American system of plea bargaining from a perspective that must appear bizarre, although I hope to persuade you that it is illuminating. I am going to contrast plea bargaining with the medieval European law of torture. My thesis is that there are remarkable parallels in origin, in function, and even in specific points of doctrine, between the law of torture and the law of plea bargaining. I shall suggest that these parallels expose some important truths about how criminal justice systems respond when their trial procedures fall into deep disorder.

Essentially-Rigid Families Of Abelian P-Groups, Brendan Goldsmith

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No abstract available

Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm

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Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

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On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the federal district court8 …

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

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Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the course of …

Algorithms For The Solution Of Systems Of Coupled Second-Order Ordinary Differential Equations, Brendan O'Shea

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Several step-by-step methods for the computer solution systems of coupled second-order ordinary differential equations, are examined from the point of view of efficiency “time-wise” and “storage-wise”. Particular reference is made to a system arising in the close-coupling approximation of the Schroedinger equation. The stability of the solution is also considered.

A Topological Approach To A Problem Of Nunke, Brendan Goldsmith

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No abstract available

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

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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 …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein

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In September 1888, William S. Pattee, the newly elected dean of the University of Minnesota's infant law department,' began, with the help of lecturers from the practicing bars of Minneapolis and St. Paul, to educate some 67 '"young gentlemen of zeal and promise' 2 in the law. Ninety years later, the University of Minnesota Law School continues this mission, with 62 full-or part-time faculty members, for the benefit of about 750 students. During this period, the school has been shaped by the administrations of six deans, has conferred over 7,500 J.D. or LL.B. degrees,3 has affected the lives of many …

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

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No abstract provided.

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication, Walter Hellerstein

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No abstract provided.

West German Marriage And Family Law Reform, Max Rheinstein, Mary Ann Glendon

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No abstract provided.

The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner

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No abstract provided.

The Sun's Wind, Alexei Leonov

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This book is on display here for educational purposes only.

Unless stated otherwise within this repository collection, all materials are shared under the following Creative Commons license: [Creative Commons Attribution-NonCommercial 4.0 International License].

Written and illustrated in 1977 by Soviet cosmonaut Alexei Leonov.
Published by Progress Publishers in Moscow

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

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No abstract provided.

Trial-Type Ceremonies And Defendant Behavior: 'Moralizing' And 'Cooling In' In An Eviction Setting, Richard O. Lempert

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This study uses hearing transcripts to examine judge-defendant interaction in a trial-type setting. The setting is a public housing eviction hearing; judges are eviction board members and defendants are tenants facing eviction for non-payment of rent. All tenants in the sample were formally evicted, but in each case the execution of the eviction order was stayed on the condition that the tenant pay his rent. Two forms of verbal interaction are identified. The first, “moralizing” is deemed present when one or more board members directs a degrading remark toward the tenant. The second, “cooling in” is deemed present when one …

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

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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

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

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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 …

Bakke: A Compelling Need To Discriminate, Theodore J. St. Antoine

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Two of America's most cherished values collided head-on a few months ago, when the U.S. Supreme Court began to come to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society, and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color …

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

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On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …

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

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No abstract provided.

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

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No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The 1976 New York Sessions, Bernard H. Oxman

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No abstract provided.