Digital Commons Network^™

Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine

Articles

If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.

On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper

Articles

To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …

Government Appeals In Criminal Cases: The 1978 Decisions, Edward H. Cooper

Articles

The statute allowing the government to appeal from some forms of trial court defeat in criminal cases, 18 U.S.C.A. § 3731, has a long and tangled history. In its 1970 opinion in United States v. Sisson 9ui the Supreme Court wrestled mightily with a difficult problem under the statute as it then stood, and invited Congress to amend "this awkward and ancient Act." Soon afterward the act was amended. It now provides in part that the government may appeal in a criminal case

from a decision, judgment, or order of a district court dismissing an indictment or information as to …

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

Articles

In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).

Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White

Articles

Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …

A Defense Of The Exclusionary Rule, Yale Kamisar

Articles

The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

Active Rationality In Judicial Review, Richard Delgado

Articles

No abstract provided.

Civil Rights Litigation After Monell, Eric Schnapper

Articles

This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

Religious Totalism As Slavery Colloquium: Alterantive Religions: Government Control And The First Amendment, Richard Delgado

Articles

No abstract provided.

The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn

Articles

No abstract provided.

Book Review (Reviewing Oscar Shachter, Sharing The World's Resources (1977)), Gidon A. G. Gottlieb

Articles

No abstract provided.

George Palmer, Terrance Sandalow

Articles

I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy, generally …

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

Articles

A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

Articles

The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.

The Imperial Mandate, Philip B. Kurland

Articles

No abstract provided.

The Attorney General: The Federal Government's Chief Lawyer And Chief Litigator, Or One Among Many?, Griffin B. Bell

Articles

Article by U.S. Attorney General Griffin B. Bell (1977-1979) and United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit (1961-1976) discussing the shifting responsibilities of the government lawyer in order improve the government's ability to respond to the needs of the people. Document includes handwritten notes and was originally published in the Fordham Law Review.

Private Property And The Constitution, Richard A. Epstein

Articles

No abstract provided.

Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman

Articles

The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.

Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman

Articles

No abstract provided.

Pendent Parties, David P. Currie

Articles

No abstract provided.

Restriction Of Speech Because Of Its Content: The Peculiar Case Of Subject-Matter Restrictions, Geoffrey R. Stone

Articles

No abstract provided.

Human Cannonballs And The First Amendment: Zacchini V. Scripps-Howard Broadcasting Co., Douglas G. Baird

Articles

No abstract provided.

Privacy, Property Rights, And Misrepresentations, Richard A. Epstein

Articles

No abstract provided.

Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner

Articles

A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …

The Chicago School Of Antitrust Analysis, Richard A. Posner

Articles

No abstract provided.

Res Judicata: The Neglected Defense, David P. Currie

Articles

No abstract provided.

Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler

Articles

No abstract provided.

Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein

Articles

No abstract provided.

Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel

Articles

Federal and state regulation of the cash tender offer makes it difficult for outsiders to win control of a corporation whose securities have been doing poorly in the capital market. Mr. Fischel argues that efficient capital market theory undermines the reasons usually given for these regulatory barriers and concludes that without these barriers the efficiency of the related market for corporate control would improve, His discussion also examines the courts' use of the business judgment rule in cases charging that managers have improperly dedicated corporate funds to measures that discourage tender offers, and extolls instead the recently devised compelling business …

Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz

Articles

No abstract provided.