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Judicial Protection Of Minorities, Terrance Sandalow

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In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

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Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

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A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …

The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski

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Article by Leon Jaworski of Fulbright and Jaworski, former President of the American Bar Association (1971-72) and Watergate Special Prosecutor, regarding the duty of a lawyer in a publicly scrutinized trial. Document includes handwritten notes and was originally published in the Fordham Law Review.

Solar Rights: Guaranteeing A Place In The Sun, Dale Goble

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No abstract provided.

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication, Walter Hellerstein

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No abstract provided.

Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia

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No abstract provided.

The Memoirs Of Chief Justice Earl Warren, Philip B. Kurland

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No abstract provided.

West German Marriage And Family Law Reform, Max Rheinstein, Mary Ann Glendon

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No abstract provided.

The American Fiscal Constitution, Kenneth W. Dam

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The United States Constitution contains relatively few provisions explicitly concerned with the authority of the federal government and the states to tax and spend. Nevertheless, an impressive structure of rules has evolved governing the division of fiscal powers and responsibilities within our federal system. These rules include Supreme Court decisions interpreting the Constitution, key framework legislation, and implicit understandings derived from existing practice. Professor Dam constructs a general outline of the resulting American Fiscal Constitution, and provides a contrasting view of the West German fiscal constitution. He also offers some tentative conclusions about how federal grants-in-aid and revenue sharing have …

The Right Of Privacy, Richard A. Posner

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No abstract provided.

The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner

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No abstract provided.

Judicial Review Under Federal Pollution Laws, David P. Currie

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No abstract provided.

Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel

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No abstract provided.

Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz

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No abstract provided.

Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland

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No abstract provided.

Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond

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Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …

Book Review (Reviewing Bruce M. Owen, Economics And Freedom Of Expression: Media Structure And The First Amendment (1975)), Richard A. Posner

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No abstract provided.

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

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I do not say that we can remake the world in our own image. I recognize the limits on our power, and I do not wish to see us swing from one extreme of cynical manipulation to the other extreme of moralistic zeal, which can be just as dangerous. But the present administration has been so obsessed with balance of power politics that it has often ignored basic American values and a proper concern for human rights. The leaders of this administration have rationalized that there is little room for morality in foreign affairs, and that we must put self-interest …

The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt

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One reads of at least 35,000 political prisoners in Indonesia, at least 10,000 in forced labor camps in the Soviet Union, mass arrests in Chile, torture in Brazil, Spain, and the Philippines, killings in Belfast 7 and

Fred E. Inbau: 'The Importance Of Being Guilty', Yale Kamisar

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As fate would have it, Fred Inbau graduated from law school in 1932, the very year that, "for practical purposes the modern law of constitutional criminal procedure [began], with the decision in the great case of Powell v. Alabama."1 In "the 'stone age' of American criminal procedure,"2 Inbau began his long fight to shape or to retain rules that "make sense in the light of a policeman's task,"3 more aware than most that so long as the rules do so, "we will be in a stronger position to insist that [the officer] obey them."4

Search And Seizure In Alaska: A Comprehensive Review, Jeff M. Feldman

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In the eighteen years since Alaska achieved statehood, fifty-two cases involving issues of search and seizure have reached the Alaska Supreme Court. This article will analyze these cases with an eyetowards outlining the law of search and seizure in Alaska, isolating those areas in which the Alaska Supreme Court has departed from prevailing search and seizure doctrine, and using past decisions to predict the probable outcomes to search and seizure issues still unresolved in Alaska.

Legal Ethics And The Government Lawyer, Eric Schnapper

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All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …

Conflict Of Interest, Robert H. Aronson

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The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …

Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake

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The dividends paid deduction provided for in section 561 of the Internal Revenue Code is of vital importance to any corporation that is subject to the accumulated earnings tax or the personal holding company tax. Either of these taxes, if applicable, is imposed in addition to the federal income taxes otherwise payable by the corporation.

Since the accumulated earnings tax is substantial and the personal holding company tax is downright confiscatory, a corporation must do whatever is necessary legally to avoid paying these additional taxes. A corporation subject to either of the taxes generally can avoid them only by taking …

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

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No abstract provided.

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

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On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …

Foreword: Brewer V. Williams--A Hard Look At A Discomfiting Record, Yale Kamisar

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In recent decades, few matters have split the Supreme Court, troubled the legal profession, and agitated the public as much as the police interrogation-confession cases. The recent case of Brewer v. Williams3 is as provocative as any, because the Supreme Court there revdrsed the defendant's conviction for the "savage murder of a small child" even though no Justice denied his guilt,4 he was warned of his rights no fewer than five times, 5 and any "interrogation" that might have occurred seemed quite mild.6

A New Dimension In Equal Protection?, Theodore J. St. Antoine

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Two of America's most cherished values will collide head-on this year, when the U.S. Supreme Court comes to grips with the most significant civil rights suit since the school desegregation cases of 1954. Arrayed on one side is the principle of governmental "color-blindness," the appealing notion that the color of a person's skin should have nothing to do with the distribution of benefits or burdens by the state. Set against it is the goal of a truly integrated society and the tragic realization that this objective cannot be achieved within the foreseeable future unless race and color are taken into …

Mondale On Mapp, Yale Kamisar

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Any judicial reversal of the Mapp rule threatens to have just the opposite effect. Law enforcement officials are likely to treat a decision that illegally obtained evidence may be admitted into state criminal trials as though that were a practical suspension of the constitutional rules as to lawful arrest, search, and seizure. They are likely to feel that once again "the judiciary is okaying it." With the smell of revelations of FBI "black-bag jobs" and intelligence agency abuses still in the air, is this how we want the Court to contribute to the atmosphere of police practices as we enter …