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Doctrine In A Vacuum: Reflections On What A Law School Ought (And Ought Not) To Be, James Boyd White

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I have written earlier in these pages about the expectations-the fears and hopes-that one can appropriately bring to law school. In this paper I speak to those who are immersed in the process of legal education, on one side of the podium or the other, and wish to say something of what I think it is, and can be, all about.

Council And The Constitution: An Article On The Constitutionality Of The Northwest Power Planning Council, Dale Goble

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No abstract provided.

Myth Of The Classic Property Clause Doctrine, Dale D. Goble

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Idaho's Court Of Appeals - The First Four Years: A Portrait In Numbers, Donald L. Burnett Jr.

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An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson

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This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from the ABA …

Factions, Self-Interest, And The Apa: Four Lessons Since 1946 Administrative Law Symposium, Cass R. Sunstein

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Legal Interference With Private Preferences, Cass R. Sunstein

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Madison And Constitutional Equality, Cass R. Sunstein

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Pornography And The First Amendment, Cass R. Sunstein

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Pornography: Social Science, Legal, And Clinical Perspectives, Cass R. Sunstein, Catharine A. Mackinnon, Cheryl A. Champion, Edward Donnerstein

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Routine And Revolution, Cass R. Sunstein

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The Role Of The President And Omb In Informal Rulemaking, Cass R. Sunstein, Peter L. Strauss

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Address Address, Philip B. Kurland

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The Origins Of The Religion Clauses Of The Constitution, Philip B. Kurland

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The Rise And Fall Of The Doctrine Of Separation Of Powers, Philip B. Kurland

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Bernie, Gerhard Casper

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Government Control Of Information, Cass R. Sunstein

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Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg

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In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control …

Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper

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Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and …

In Step With The Times: Law Library Keeps Up With Changes In Legal Research, Margaret A. Leary

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Change is constant in legal research. Plucknett's work describes, for example, the modem textbook replacing published case reports as the most important form of legal literature. More recently, A.B.W. Simpson has argued that the law review article has displaced the treatise. Apart from these changes, the law itself has continued to embrace concepts from other disciplines and deal with facts and methodologies of an increasingly technological society.

Prosecutorial Discretion In Japan: A Response, Daniel H. Foote

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Marsha Goodman's Prosecutorial Discretion in Japan, with its thoroughly researched description of the manner in which that discretion is exercised-including several new case studies-is an important addition to English-language literature on the Japanese legal system and raises numerous interesting issues regarding the Japanese criminal justice system.

Goodman focuses much of her attention on the lengthy battle over the abuse of prosecutorial discretion doctrine in Japan. This discussion provides a fine example of a classic pattern of legal debate in Japan. As in this case, defense counsel familiar with an issue frequently initiate movements for change in criminal procedure standards …

The Drafting Process For Cabinet Bills, Daniel H. Foote

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I have undertaken this article in hope that it may be of some help in promoting public understanding of the actual manner of review by the Cabinet Legislation Bureau-one step in the drafting process for legislation introduced by the Cabinet-and of the diligent efforts of the r��presentatives of the various ministries with whom we regularly come into contact. It goes without saying that the views and explanations contained herein, along with any inadequacies or inaccuracies in this account, are solely the responsibility of this author.

Compelling Testimony In Alaska: The Coming Rejection Of Use And Derivative Use Immunity, Jeff M. Feldman

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Until 1972, when the Supreme Court upheld a federal use andderivative use immunity statute in Kastigar v. United States, virtually every court that considered the issue of the compulsion of testimony favored transactional immunity. It appears that most courts interpreted the Supreme Court's 1892 decision in Counselman v. Hitchcock as finding only transactional immunity constitutional. Since Kastigar, the Alaska Supreme Court has had several opportunities totake sides in the debate over the grant of immunity constitutionally required to compel testimony. On each such occasion, the court has expressed a preference for transactional immunity, but has carefullyavoided resolving the …

Civil Procedure In Brazil, Keith S. Rosenn

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The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner

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When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform …

Judicial Criticism, James Boyd White

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Today I shall talk about the criticism of judicial opinions, especially of constitutional opinions. This may at first seem to have rather little to do with our larger topic, "The Constitution and Human Values," but I hope that by the end I will be seen to be talking about that subject too. In fact I hope to show that in what I call our "criticism" our "values" are defined and made actual in most important ways.

The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan

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For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …

General Principles Of Civil Law Of The People's Republic Of China (Translation), Whitmore Gray, Henry R. Zheng

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(Adopted April 12, 1986, at the Fourth Session of the Sixth National People's Congress, to take effect on January 1, 1987.)'

Dancing On The Edge Of Article 9, James J. White

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Despite the fact that Article 9 is a much more comprehensive personal property security statute than was ever found in American law prior to its enactment, cases continue to present issues on the scope of the Article. Gone are the cases in which a court was called upon to determine whether a "conditional sales contract" could be dealt with under the "factor's lien" law; it is now clear that all such personal property security devices are governed by Article 9. Yet many problems remain for the unwary lawyer. I will identify several and deal in detail with three of these …

Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson

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Reviewing Alaska Natives and American Laws, by David Case (1984).