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From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam Jan 1983

From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam

Articles

No abstract provided.


Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam Jan 1983

Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam

Articles

No abstract provided.


Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner Jan 1983

Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner

Articles

This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.


In Opposition To The School Prayer Amendment, Geoffrey R. Stone Jan 1983

In Opposition To The School Prayer Amendment, Geoffrey R. Stone

Articles

No abstract provided.


Content Regulation And The First Amendment, Geoffrey R. Stone Jan 1983

Content Regulation And The First Amendment, Geoffrey R. Stone

Articles

No abstract provided.


The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie Jan 1983

The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie

Articles

Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the …


Equitable Division And The Law Of Finders, Richard H. Helmholz Jan 1983

Equitable Division And The Law Of Finders, Richard H. Helmholz

Articles

No abstract provided.


Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson Jan 1983

Hail To The Chief: Earl Warren And The Supreme Court, Dennis J. Hutchinson

Articles

No abstract provided.


The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland Jan 1983

The Business Of The Supreme Court, O.T. 1982, Dennis J. Hutchinson, Philip B. Kurland

Articles

No abstract provided.


Optimal Sanctions For Antitrust Violations, William M. Landes Jan 1983

Optimal Sanctions For Antitrust Violations, William M. Landes

Articles

No abstract provided.


The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie Jan 1983

The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie

Articles

No abstract provided.


The Sovereignty Of The Courts, Edward Hirsch Levi Jan 1983

The Sovereignty Of The Courts, Edward Hirsch Levi

Articles

No abstract provided.


Bankruptcy Judges And The Independent Judiciary, David P. Currie Jan 1983

Bankruptcy Judges And The Independent Judiciary, David P. Currie

Articles

No abstract provided.


The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr. Jan 1983

The Media And The Courts: A Troubled Symbiosis, Donald L. Burnett Jr.

Articles

No abstract provided.


Suing Government, Cass R. Sunstein Jan 1983

Suing Government, Cass R. Sunstein

Articles

No abstract provided.


The Surveys That Broke Monopoly, Hans Zeisel Jan 1983

The Surveys That Broke Monopoly, Hans Zeisel

Articles

No abstract provided.


Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum Jan 1983

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Articles

No abstract provided.


Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum Jan 1983

Treatment Of Interest On Debtor Obligations In Reorganizations Under The Bankruptcy Code, Walter J. Blum

Articles

No abstract provided.


The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford Jan 1983

The New Deal Regulatory Model: A History Of Criticisms And Refinements, Daniel J. Gifford

Articles

When the Roosevelt administration took office in March 1933, the nation was suffering from the onslaught of the Great Depression. The complex set of economic and regulatory policies constituting President Franklin Roosevelt's "New Deal" focused primarily on restoring health to the economy and secondarily on achieving a modicum of income redistribution. The Roosevelt administration, however, possessed neither a clear understanding of the causes of the Depression, nor a coherent, stable, and workable scheme for ending it. Nevertheless, that administration's tenure produced widespread federal economic regulation and brought ferment, imagination, and creativity to theoretical and practical regulatory techniques.


Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford Jan 1983

Discretionary Decisionmaking In The Regulatory Agencies: A Conceptual Framework, Daniel J. Gifford

Articles

For years, Professor Kenneth Culp Davis has directed the professional public's attention to the prevalence of what he believes to be insufficiently confined administrative discretion. 1 Davis has found powers of unduly wide latitude in agencies and administrators, such as tax collectors, 2 police officers, 3 welfare administrators, 4 and independent agencies supervising business behavior. 5 In general, Davis recommends confining the discretionary powers of agencies and officials more narrowly than they have been done in the past. He suggests that where discretion cannot practically be so confined, it should be "checked" or "structured." 6 Thus, Davis urges that "one …


Suicide And The Failure Of Modern Moral Theory, Donald H. Regan Jan 1983

Suicide And The Failure Of Modern Moral Theory, Donald H. Regan

Articles

The question I want to address is when and why suicide is morally wrong. There is something peculiar in my writing on this question at all. It will soon become apparent that although I think suicide involves genuine moral issues. I also think that the moral problem of suicide is a problem which most people answer correctly. That is, I think that in the vast majority of cases where people ought not to commit suicide, they do not. They are not even tempted. Conversely, most people who do commit suicide, or who want to, are either justified or at least …


Litigation Abuse And The Law Schools, John W. Reed Jan 1983

Litigation Abuse And The Law Schools, John W. Reed

Articles

At the Ninth Circuit Judicial Conference in July, 1983, one session was devoted to a discussion of "Excessive Discovery: A Symptom of Litigation Abuse." (Without knowing, I would guess that a similar title appeared on just about every judicial conference program this year-and last year, and the one before that.) Frank Rothman, President of MGM/United Artists, addressed the subject from the point of view of a corporate client, and his remarks are printed in this issue, beginning at page 342. Judges and trial lawyers expressed their views. And I was asked to comment on the extent to which the law …


Perpetuation Of Past Discrimination, Eric Schnapper Jan 1983

Perpetuation Of Past Discrimination, Eric Schnapper

Articles

Part I of this Article offers several justifications for providing remedies for present harms that are caused by past acts of discrimination. Part II describes the different ways in which past discrimination can cause a present injury, and suggests for each way the appropriate legal standard for deciding when there is a present constitutional violation. Part III discusses the problems likely to arise in administering the suggested standards, and concludes that these problems are not inherently different from those involved in ordinary discrimination cases.


Comment, Bernard H. Oxman Jan 1983

Comment, Bernard H. Oxman

Articles

No abstract provided.


Against Evaluator Relativity: A Response To Sen, Donald H. Regan Jan 1983

Against Evaluator Relativity: A Response To Sen, Donald H. Regan

Articles

In a recent essay in this journal Amartya Sen introduced the notion of an evaluator-relative consequence-based morality. The basic idea can be described very simply. A consequence-based morality is a morality that instructs each agent to maximize some objective function defined over states of affairs. Such a morality is evaluator neutral if it assigns to every agent the same objective function. If different agents have different objective functions, then the morality is evaluator relative. For example, a morality would be evaluator relative if it assigned to Jones an objective function giving greater weight to the welfare of Jones's children than …


The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White Jan 1983

The Ethics Of Argument: Plato's Gorgias And The Modern Lawyer, James Boyd White

Articles

In what follows I shall analyze Plato's text and do my best to suggest a response to it. But I should say at the outset that for the modern lawyer and law teacher this is not merely an academic exercise, for we in fact are rhetoricians very much as Plato defines them. What is at stake for us in reading this dialogue is what it means to have devoted ourselves to the set of social and intellectual practices that define the profession of law. We have a special relation to this text, for we can in the full Platonic sense …


Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar Jan 1983

Does (Did) (Should) The Exclusionary Rule Rest On A 'Principled Basis' Rather Than An 'Empirical Proposition'?, Yale Kamisar

Articles

[U]ntil the [exclusionary rule] rests on a principled basis rather than an empirical proposition, [the rule] will remain in a state of unstable equilibrium. Mapp v. Ohio, which overruled the then twelve-year-old Wolf case and imposed the fourth amendment exclusionary rule (the Weeks doctrine) on the states as a matter of fourteenth amendment due process, seemed to mark the end of an era. Concurring in Mapp, Justice Douglas recalled that Wolf had evoked "a storm of constitutional controversy which only today finds its end."' But in the two decades since Justice Douglas made this observation, the storm of controversy has …


The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert Jan 1983

The Impact Of Executions On Homicides: A New Look In An Old Light, Richard Lempert

Articles

Ehrlich's first point is that if one is searching for deterrence it is the law in action (i.e., the actual incidence of executions) rather than the law on the books (i.e., the presence or absence of the death penalty) which is crucial. His second point is that in order to spot deterrent effects other factors which might affect homicide rates, such as conviction rates and unemployment rates, must be held constant. Many of those who believe that Ehrlich's work is fundamentally flawed nevertheless accept these criticisms. This article follows Sellin's approach but takes account of Ehrlich's criticisms. Instead of comparing …


Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi Jan 1983

Statistics In Litigation: A Selective Bibliography, Michael G. Chiorazzi

Articles

No abstract provided.


Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper Jan 1983

Extraordinary Writ Practice In Criminal Cases: Analogies For The Military Courts, Edward H. Cooper

Articles

Extraordinary writs have two central functions in the hands of appellate courts. One is to enforce the court's mandate; there is no particular difficulty with this use of the writs, and no more need be said about it. The other function is to circumvent the ordinary channels of appellate review. In this function, writs operate as appeals in all but name. As this use has become more and more routine, it would be more appropriate to speak of them as "appeals writs" rather than extraordinary writs. My assignment is to speak of the experience with appeals writs in criminal cases …