Open Access. Powered by Scholars. Published by Universities.®

Digital Commons Network™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 13291 - 13320 of 14209

Full-Text Articles in Entire DC Network

Strict Liability: A Comment, Richard A. Posner Jan 1973

Strict Liability: A Comment, Richard A. Posner

Articles

No abstract provided.


Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr. Jan 1973

Ceilings, Costs, And Compulsion In Auto Compensation Legislation, Walter J. Blum, Harry Kalven Jr.

Articles

No abstract provided.


Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff Jan 1973

Peaceful Repossession Under The Uniform Commercial Code: A Constitutional And Economic Analysis, Soia Mentschikoff

Articles

No abstract provided.


A Theory Of Strict Liability, Richard A. Epstein Jan 1973

A Theory Of Strict Liability, Richard A. Epstein

Articles

No abstract provided.


The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar Jan 1973

The Reincarnation Of The Death Penalty: Is It Possible?, Yale Kamisar

Articles

Fifty years ago Clarence Darrow, probably the greatest criminal defense lawyer in American history and a leading opponent of capital punishment, observed: The question of capital punishment has been the subject of endless discussion and will probably never be settled so long as men believe in punishment. Some states have abolished and then reinstated it; some have enjoyed capital punishment for long periods of time and finally prohibited the use of it. The reasons why it cannot be settled are plain. There is first of all no agreement as to the objects of punishment. Next there is no way to …


The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White Jan 1973

The Abolition Of Self-Help Repossession: The Poor Pay Even More, James J. White

Articles

In this paper I propose to identify possible ways in which a court could uphold the constitutionality of section 9-503 without an explicit rejection of Fuentes v. Shevin. It is my thesis that Fuentes v. Shevin is probably an undesirable outcome, and that the application of the same doctrine to self-help repossession is certainly undesirable and would constitute due process gone berserk. My arguments will not be novel; each has been suggested by the courts that have considered this matter, or by the briefs of the lawyers who have argued these cases. I cannot even claim to have collected the …


Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine Jan 1973

Judicial Caution And The Supreme Court's Labor Decisions, October Term 1971, Theodore J. St. Antoine

Articles

Labor law, like most other law in the making, is intensely political at its margins. On certain central themes, such as the right to join a union and freedom of contract, judges and administrators of widely varying outlooks may be able to reach a consensus. But along the frontiers of the law, no such accord can be expected. Conscientious decision-makers will inevitably differ with one another, depending on their diverse social values. They may even differ with their own prior positions, depending on shifts in the political climate. Moreover, if the decision-makers happen to be justices of the United States, …


Underprivileged Communications: Extension Of The Psychotherapist-Patient Privilege To Patients Of Psychiatric Social Workers Comments, Richard Delgado Jan 1973

Underprivileged Communications: Extension Of The Psychotherapist-Patient Privilege To Patients Of Psychiatric Social Workers Comments, Richard Delgado

Articles

No abstract provided.


The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson Mar 1972

The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson

Articles

Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …


The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr. Mar 1972

The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.

Articles

This article analyzes three aspects of the National Industrial Pollution Countrol Coucil's performance: (1) the promise and risks it has presented; (2) its procedural performance, as tested by governing law; and (3) its accomplishments, both on the record and sub rosa, as measured by the expectations. In brief, NIPCC is portrayed as a dangerously anticompetitive institution occasionally doing business in violation of the law. The Council has published both public relations material and some useful data, but it has served more importantly as a lobbying forum for industries chafing under the regulatory bit. The experience of NIPCC forms the basis …


Deaf Characters In Fiction And Drama, Robert Panara Jan 1972

Deaf Characters In Fiction And Drama, Robert Panara

Articles

No abstract provided.


Expropriation, Inflation, And Development, Keith S. Rosenn Jan 1972

Expropriation, Inflation, And Development, Keith S. Rosenn

Articles

Eminent domain is an important developmental device for countries attempting to generate rapid growth within a free enterprise context. In Brazil and Argentina, however, spiraling inflation, combined with delayed compensation, often result in public confiscation of private property, thereby seriously undermining the confidence of private investors in the governments of both countries. In examining various measures designed to correct the problem, Professor Rosenn illuminates one aspect of the relationship between law and development.


Method In Philosophic Inquiry For Christian Education, Elmer L. Towns Jan 1972

Method In Philosophic Inquiry For Christian Education, Elmer L. Towns

Articles

No abstract provided.


The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland Jan 1972

The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland

Articles

No abstract provided.


Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler Jan 1972

Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler

Articles

As courtroom disruption became a national issue in the late 1960's, public attention focused primarily on the conduct of the criminal defense attorney and his client. Professor Alschuler examines the courtroom misconduct of prosecutors and trial judges both as it relates to disruptive behavior by defendants and defense attorneys and as it poses a threat in its own right to the orderly administration of justice.


Toehold Acquisitions And The Potential Competition Doctrine, Frank H. Easterbrook Jan 1972

Toehold Acquisitions And The Potential Competition Doctrine, Frank H. Easterbrook

Articles

No abstract provided.


The Place Of Professional Education In The Life Of The University, Edward Hirsch Levi Jan 1972

The Place Of Professional Education In The Life Of The University, Edward Hirsch Levi

Articles

No abstract provided.


Due Process In Selective Service Appeals, Frank H. Easterbrook Jan 1972

Due Process In Selective Service Appeals, Frank H. Easterbrook

Articles

No abstract provided.


The Appointment And Disappointment Of Supreme Court Justices, Philip B. Kurland Jan 1972

The Appointment And Disappointment Of Supreme Court Justices, Philip B. Kurland

Articles

The recent controversy over President Nixon's appointments to the Supreme Court, and the institution of impeachment proceedings against Justice Douglas, have raised important questions concerning qualifications for, and behavior of, Supreme Court justices. In this Article, Professor Kurland discusses the important qualities that a Supreme Court justice should possess, the various competing pressures that often influence presidential selections, the Senate's proper role in the confirmation process, and, finally-with special emphasis upon the impeachment proceedings against Justice Douglas-the available means of removing incumbent justices.


The Waning Of The American Jury, Hans Zeisel Jan 1972

The Waning Of The American Jury, Hans Zeisel

Articles

No abstract provided.


Corporate Reorganization Doctrine As Recently Applied By The Securities And Exchange Commission, Walter J. Blum Jan 1972

Corporate Reorganization Doctrine As Recently Applied By The Securities And Exchange Commission, Walter J. Blum

Articles

No abstract provided.


Affecting Rights To Equity Interests Under Chapter Xi Of The Bankruptcy Act - An Dedicated To Wilber G. Katz, Walter J. Blum, Stanley A. Kaplan Jan 1972

Affecting Rights To Equity Interests Under Chapter Xi Of The Bankruptcy Act - An Dedicated To Wilber G. Katz, Walter J. Blum, Stanley A. Kaplan

Articles

No abstract provided.


A Theory Of Negligence, Richard A. Posner Jan 1972

A Theory Of Negligence, Richard A. Posner

Articles

Negligence--the failure to exercise the care of an ordinarily prudent and careful man-has been the dominant standard of civil liability for accidents for the last 150 years or so, in this as in most countries of the world; and accident cases, mainly negligence cases, constitute the largest item of business on the civil side of the nation's trial courts. Yet we lack a theory to explain the social function of the negligence concept and of the fault system of accident liability that is built upon it. This article attempts to formulate and test such a theory, primarily through a sample …


The Problem Of Social Cost Revisited, Donald H. Regan Jan 1972

The Problem Of Social Cost Revisited, Donald H. Regan

Articles

SOME years ago, in a paper entitled "The Problem of Social Cost," Professor Ronald Coase asserted and argued for a proposition which has since acquired the convenient sobriquet "the Coase Theorem." The proposition is: That in a world of perfect competition, perfect information, and zero transaction costs, the allocation of resources in the economy will be efficient and will be unaffected by legal rules regarding the initial impact of costs resulting from externalities. Note that there are two claims being made, which it is well to separate for purposes of discussion. The first claim is that, under the conditions described, …


Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers Jan 1972

Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers

Articles

In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …


How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar Jan 1972

How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar

Articles

Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …


State Law Of Patent Exploitation, Edward H. Cooper Jan 1972

State Law Of Patent Exploitation, Edward H. Cooper

Articles

The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …


Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar Jan 1972

Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar

Articles

Bill Lockhart is truly an extraordinary man, not because his achievements have been so numerous and diverse - though they have - and not because his accomplishments carry a distinct mark of excellence and eminence - though they do. He is unusual because he is that combination of multiple gifts and powers rarely coalesced in a single human being. And we have spoken merely of the professional man; only those familiar with Bill's deep devotion to his family and heroic dedication to his church can fully comprehend how remarkable a person he is.


International Assistance To Civilian Populations In Armed Conflicts, Gidon A. G. Gottlieb Dec 1971

International Assistance To Civilian Populations In Armed Conflicts, Gidon A. G. Gottlieb

Articles

No abstract provided.


Foreword: Even When A Nation Is At War, Harry Kalven Jr. Nov 1971

Foreword: Even When A Nation Is At War, Harry Kalven Jr.

Articles

No abstract provided.