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Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

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This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

Articles

This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers …

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

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Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs, …

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

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No abstract provided.

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

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This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.

Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado

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No abstract provided.

Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee

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Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost

Law As Rhetoric, Rhetoric As Law: The Arts Of Cultural And Communal Life, James Boyd White

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In this paper I shall suggest that law is most usefully seen not, as it usually is by academics and philosophers, as a system of rules, but as a branch of rhetoric; and that the kind of rhetoric of which law is a species is most usefully seen not, as rhetoric usually is, either as a failed science or as the ignoble art of persuasion, but as the central art by which community and culture are established, maintained, and transformed. So regarded, rhetoric is continuous with law, and like it, has justice as its ultimate subject. I do not mean …

Thoughts On Teaching, Christina B. Whitman

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I teach in classrooms where, ten years ago, I sat as a student. People who were my teachers are now my colleagues. People who were my students are still my friends. The difference between teacher and student, it seems to me, is more appropriately described as progression through a life than as distinct positions in a hierarchy.

The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine

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There's no fun in stating the obvious. Sophisticated professionals bestow few kudos on those who declaim the conventional wisdom. Even so, one would have to be far more perverse than I, in this fiftieth anniversary year of the National Labor Relations Act, to suggest that the Wagner Act, wasn't the most important (and at the time of it- passage the most controversial) development in the last half-century of labor law.

James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White

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Jim Martin was my student, my colleague, and my close friend. His was a mind of independent ideas and uncommon sharpness. He was a scholar of national reputation, not just in one subject, but in three. Books that he authored or co-authored in Conflict of Laws, Civil Procedure, and Commercial Law are used in courses from coast to coast. He was a principal draftsman of a new statute, the Uniform Personal Property Leasing Act, that will soon be proposed for adoption in every state of the United States. He was a drafter of and a commentator on the Michigan Court …

The Un-Easy Case For Technological Optimism, James E. Krier, Clayton P. Gillette

Articles

"Technological optimism" is a term of art, an article of faith, and a theory of politics. It is a view that pervades modem attitudes, yet gets little explicit attention. For a brief period the situation was otherwise. In the early 1970s, the optimistic outlook figured prominently in an important debate about nothing less than the future of the world. Technological optimism won. The outcome was unsurprising, given the nature of the argument. On one side of the debate was a group of self-proclaimed Malthusians who foresaw an impending period of stark scarcity unless relatively drastic remedial steps were quickly taken; …

The Revision Of Employment-At-Will Enters A New Phase, Theodore J. St. Antoine

Articles

The most significant development in the whole field of labor law during the past decade was the growing willingness of the courts to modify the traditional doctrine of employment-at-will. Applying either tort or contract theory, or both, judges in some thirty jurisdictions declared their readiness to blunt the worst rigors of the rule that an employment contract of indefinite duration can be terminated by either party at any time for any reason. These dramatic breakthroughs evoked almost universal acclaim from disinterested commentators, primarily on the grounds of simple justice. Now we may be entering a new phase of consolidation, refinement, …

Travelers Checks, James J. White

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A. Travelers Checks Defined 1. Courts have variously described travelers checks as certificates of deposit, negotiable instruments, securities, cash, and cashier's checks. 2. The most persuasive analysis seems to treat travelers checks as cashier's checks on which the issuer is both the drawer and the drawee, the purchaser once he has countersigned is the payee, and both the purchaser and the next recipient are indorsers.

Preparation Of The Multistate Bar Examination: One Drafting Committee's Perspective, John W. Reed

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One who wants to know how the Multistate Bar Examination is created should begin by learning how the drafting committees work. My assignment is to describe the work of one of those committees: the Evidence Committee. Though there are differences among the six committees, they mostly are ones of style, and to learn how to operate in the evidence group is to understand the process generally.

Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine

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Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.

How Should We Talk About Corporations? The Languages Of Economics And Of Citizenship, James Boyd White

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My immediate subject in this Comment is section 2.01 of the American Law Institute's proposed Principles of Corporate Governance (Tentative Draft No. 2), which defines in general terms the proper objectives and conduct of a business corporation. My larger subject has to do with the adequacy and inadequacy of various languages in which corporate pur­poses and limits might be expressed, and especially with the limits of the economic language used in the ALI Draft.

Sabbatino Resurrected: The Act Of State Doctrine In The Revised Restatement Of U.S. Foreign Relations Law, Malvina Halberstam

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No abstract provided.

Future Nonadvance Obligations Under Article 9 Of The Ucc: Legitimate Priority Or Unwarranted Squeeze-Out?, Jeanne L. Schroeder, David G. Carlson

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The article critiques the Second Circuit's decision in Dick Warner Cargo Handling Corp. v. Aetna Business Credit, Inc., arguing that it unfairly prioritizes revolving credit financiers over lien creditors by reviving the unitary theory of security interests under Article 9 of the UCC. The authors defend the multiple theory, asserting that security interests for advances and nonadvance obligations should be treated separately, and that the court's ruling undermines the balance intended by the 1972 UCC amendments.

Social Security Disability Insurance Nuts & Bolts, Steven C. Emens

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No abstract provided.

How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado

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No abstract provided.

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

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No abstract provided.

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

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No abstract provided.

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael G. Chiorazzi

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No abstract provided.

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

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No abstract provided.

United States Foreign Policy And Human Rights: An Overview, David Weissbrodt

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The organizers of this symposium asked me to provide a back- ground for the present status of human rights in the foreign policy of the United States Government. They suggested that I provide a his- tory of the subject, stressing the approach of President Carter. I have written such a history, stressing the United States human rights legis- lation which was not created by President Carter, but which he found already in place when he reached the White House. Rather than recite this historical background, I think it would be more useful to look at three basic questions which might …

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …

The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg

Articles

Article by Wilfred Feinberg, Chief Judge of the United States Court of Appeals for the Second Circuit (1980–1988), regarding the history and duties of a chief judge of a court of appeals. Document includes handwritten notes and was originally published in the Fordham Law Review.

Text And Intellect, Monroe E. Price

Articles

The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …