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Sentencing Discretion: Current Trial And Appellate Court Perspectives In Idaho, Donald L. Burnett Jr.

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No abstract provided.

The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton

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No abstract provided.

Hard Defamation Cases Defamation And The First Amendment: New Perspectives, Cass R. Sunstein

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No abstract provided.

Naked Preferences And The Constitution, Cass R. Sunstein

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Rights, Minimal Terms, And Solidarity: A Comment, Cass R. Sunstein

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No abstract provided.

The Religion Clauses And The Burger Court, Philip B. Kurland

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Comparable Worth In Antidiscrimination Legislation: A Reply To Freed And Polsby, Mary E. Becker

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The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein

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Estate administration is the process by which the affairs of a decedent are settled. During the course of administration of an estate, property owned by a decedent is collected and inventoried, debts and taxes are paid, and property is distributed to those having a right to succeed to it. Controversy has surrounded estate administration in recent years. 2 Critics of the process have advised the public to "avoid probate" because of allegedly high fees and unreasonable delays in settling estates; 3 the legal community has responded with various reform proposals. 4 The National Conference of Commissioners on Uniform State Laws …

The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

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The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor …

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

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The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

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An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign immunity …

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

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An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign …

The Moral Responsibility Of Law Schools, Terrance Sandalow

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The subject I have been asked to address, the moral responsibility of-law schools, is perplexing, less because answers to the implicit question are uncertain than because the meaning of the question is unclear. Our ideas about moral responsibility have been formed in reference to individuals. They presuppose the existence of distinctively human characteristics such as understanding and will. What, then, can be meant by the moral responsibility of "law schools," institutions that, just because they are not human, necessarily lack these capacities?

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

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The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

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No abstract provided.

Use And Non-Use Of Contract Law In Japan, Whitmore Gray

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This article first defines the scope of enquiry, then surveys some of the existing literature, and finally, presents the results of my preliminary survey interviews and questionnaire. It is my hope that it will serve as a basis form discussion leading to better definition of the problems for research in this area, and will suggest ways to proceed to gather the information necessary for more sophisticated exposition and commentary.

Efficiency Justifications For Personal Property Security, James J. White

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In February of 1983 Pan American World Airways issued 100 million dollars of convertible secured notes. As security for these notes it put up three Boeing 747 SP aircraft, two 747-100 aircraft, and one McDonnell Douglas DC10-30. The appraised value of these aircraft was 157 million dollars. To the extent possible under the law, Pan American made these aircraft subject to the claims of the owners of the new notes. On default, the note holders would have the first claim on these aircraft, would have the right to repossess them outside of bankruptcy, and would have the right to the …

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

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No abstract provided.

Legal Theory And The Obligation To Obey, Philip E. Soper

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Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

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A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

The Bildisco Case And The Congressional Response, James J. White

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Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

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Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …

Gates, 'Probable Cause', 'Good Faith', And Beyond, Yale Kamisar

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Illinois v. Gates1 was the most eagerly awaited constitutional-criminal procedure case of the 1982 Term. I think it fair to say, however, that it was awaited a good deal more eagerly by law enforcement officials and the Americans for Effective Law Enforcement than by defense lawyers and the American Civil Liberties Union. As it turned out, of course, the Gates Court, to the disappointment of many, did not reach the question whether the exclusionary rule in search and seizure cases should be modified so as not to require the exclusion of evidence obtained in violation of the fourth amendment when …

Comments On 'Tax Neutrality Between Equity Capital And Debt', Douglas A. Kahn

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Professor Andrews' proposals are aimed at eliminating a tax bias that affects a corporation's choice of a method of raising additional capital. Professor Andrews believes that the current tax system favors a corporation which raises capital internally by accumulating its income (or by borrowing) rather than by issuing stock. Professor Andrews seeks a neutral system that permits the choice of the manner in which capital is raised to be made on economic grounds without influence of the tax laws.

The Washington Environmental Policy Act, William H. Rodgers, Jr.

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As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.

The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There was …

Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado

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No abstract provided.

We Are Family: Changing Times, Changing Ideologies And Changing Law, Steven H. Hobbs

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When Religious Exercise Is Not Free: Deprogramming And The Constitutional Status Of Coercively Induced Belief, Richard Delgado

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Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado

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No abstract provided.

The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado

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No abstract provided.