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Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson

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By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges …

Guardians Of The Constitution, Gerhard Casper

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No abstract provided.

Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein

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No abstract provided.

The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes

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No abstract provided.

The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner

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No abstract provided.

Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie

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No abstract provided.

The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer

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No abstract provided.

Foreword The American Jury, Hans Zeisel

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No abstract provided.

Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford

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A number of observers presently believe that much federal rulemaking has become unduly complex, time-consuming, costly, and unwieldly,1 primarily because of the transformation of judicial review of rules promulgated after informal proce- dures into review on the administrative record. Former dean Carl Auerbach, for example, believes that this change in judi- cial review in the last decade has profoundly and adversely af- fected the rulemaking process on the administrative level.2 Auerbach suggests that requiring an agency to prepare a de- fense to all potential challengers of a proposed rule, regardless of the actual number or content of the challenges, imposes …

Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper

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The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that …

The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase

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No abstract provided.

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

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The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.

Law Libraries Losing To ‘Double Inflation', Hugh D. Spitzer

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In this short article, I will take a look at the largest law library in the Northwest, the University of Washington's facility, and outline how inflation is eating away at this particular institution. Then I will suggest some ways to cope with the problem if we want to maintain the quality of research materials which many of us are used to.

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White

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Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

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Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

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Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …

Criminal Procedure In Alaska, Jeff M. Feldman

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Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.

Does Rome Have A Lesson For Us?, Hugh D. Spitzer

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As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

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This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …

Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado

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No abstract provided.

To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado

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Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them

The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman

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No abstract provided.

Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky

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No abstract provided.

To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland

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No abstract provided.

Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein

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No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

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Roe v. Wade is one of the most controversial cases the Supreme Court has decided. The result in the case - the establishment of a constitutional right to abortion - was controversial enough. Beyond that, even people who approve of the result have been dissatisfied with the Court's opinion. Others before me have attempted to explain how a better opinion could have been written. It seems to me, however, that the most promising argument in support of the result of Roe has not yet been made. This essay contains my suggestions for "rewriting" Roe v. Wade

Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal

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This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.

Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira

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No abstract provided.

Metcalf-Hatch Act: Profit, Politics And Pain, Henry Spira

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No abstract provided.

Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney

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Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …