Digital Commons Network^™

Musings On Form And Substance In Taxation (Reviewing Boris I. Bittker, Federal Taxation Of Income, Estates And Gifts (1981)), Joseph Isenbergh

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No abstract provided.

The Regulation Of Insider Trading, Daniel R. Fischel, Dennis W. Carlton

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No abstract provided.

Air Pollution Control In West Germany, David P. Currie

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No abstract provided.

Bramblebush Revisited, Donald L. Burnett Jr.

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No abstract provided.

Participation, Public Law, And Venue Reform, Cass R. Sunstein

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No abstract provided.

Section 1983 And The Private Enforcement Of Federal Law, Cass R. Sunstein

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No abstract provided.

Rulemaking As Politics, Antonin Scalia

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No abstract provided.

Separation Of Functions: Obscurity Preserved, Antonin Scalia

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No abstract provided.

Support Your Local Professor Of Administrative Law, Antonin Scalia

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No abstract provided.

The Two Faces Of Federalism, Antonin Scalia

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No abstract provided.

Limits Of Law Enforcement, The, Hans Zeisel

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No abstract provided.

Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Richard A. Posner

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No abstract provided.

International Trial Observers, David Weissbrodt

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Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.

Court Rulemaking In Washington State, Hugh D. Spitzer

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Reviews the history and approach to court rule making in Washington State. Critiques the Washington Supreme Court’s weakening of the Judicial Council and the Court’s assumption of control of aspects of rulemaking that might better be handled by a Judicial Council or the Legislature.

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

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In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

I Remember Them Well, Marian Gallagher, Julius J. Marke, Arthur A. Charpentier

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We who have undertaken the task of translating our AALL memories of personalities into words should not be viewed by our readers as having been present at the Narragansett Pier organizational meeting. We date from the early forties. No one now living can take any of us back to 1906. What we know of our early people we have gleaned from the Law Library Journal, and so should you, for we shall not talk of them. Ours is to be personal recollection, and we have known enough remarkable people to be content with that. Nor shall we talk of …

Making Waves In Color - A Basic Color Schlieren System, Andrew Davidhazy

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This article first appeared as "Making Waves in Color" An article [that originally appeared in 1982 in Photomethods magazine's Images and ideas publication] describing how I set up a single mirror, double pass, color schlieren system.

Justice And The Bureaucratization Of Appellate Courts, Joseph Vining

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The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not …

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

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The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.

Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman

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When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the assumptions with …

How We Got The Fourth Amendment Exclusionary Rule And Why We Need It, Yale Kamisar

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Why the continuing storm of controversy over the exclusionary rule? Why the deep and widespread hostility to it? I think a recent law office search case, because it arose in a setting so unlike the typical search and seizure case, furnishes a clue. In O'Connor v. Johnson, St. Paul police obtained a warrant to search an attorney's office for business records of a client suspected of making false written statements in applying for a liquor license. The attorney happened to be present when the police arrived. Holding on to his work product file, which contained some of the records sought, …

The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman

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No abstract provided.

The Assassination Attempt, Yale Kamisar

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From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed …

The Regulation Of Labor Unions, Theodore J. St. Antoine

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This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

Free Speech Or Economic Weapon? The Persisting Problem Of Picketing, Theodore J. St. Antoine

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"Peaceful picketing," the United States Supreme Court has said, "is the workingman's means of communication."' One line of analysis is that, as a means of communication, picketing is free speech and is therefore entitled to every constitutional protection afforded other forms of expression. This means that it cannot be subjected to special restrictions, such as antiboycott curbs, simply because it is picketing. The opposing line of analysis is that picketing is not simply speech; it is "speech plus." The "plus" element removes picketing from the realm of pure speech and enables it to be regulated in ways that the Constitution …

Introduction, Douglas A. Kahn

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While the estate and gift tax area has by no means been ignored in the legal literature, it has not been one of the more popular subjects. For that reason, a symposium on transfer taxation would be welcome at any time, but this is an especially propitious moment for one to appear.

Selective Incorporation Revisited, Jerold H. Israel

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In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the Court found incorporated …

The Fifth Amendment, Self-Incrimination, And Foreign Prosecution: The Saga Of The Ryuyo Maru, Jeff M. Feldman

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In 1979, the M/V Ryuyo Maru No. 2, a Japanese fishing vessel, went aground off the coast of Alaska. During the course ofthe United States Coast Guard's investigation into the cause of themarine casualty, the captain of the vessel and several seamen attempted to avoid giving testimony at the Coast Guard inquest onthe ground that their testimony would tend to incriminate the munder the law of Japan. The ensuing litigation' over the extent towhich the fifth amendment protects witnesses from compulsory self-incrimination where the sole threat of criminal prosecution is by a foreign government contributes to a recent line of …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

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This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

Two Categories Of Discriminatory Intent, Eric Schnapper

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This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus must be …