Digital Commons Network^™

The Empty Cabinet Of Dr. Calabresi - Auto Accidents And General Deterrence, Walter J. Blum, Harry Kalven Jr.

Articles

No abstract provided.

The Reasonable Man And The First Amendment: Hill, Butts, And Walker, Harry Kalven Jr.

Articles

No abstract provided.

Upon Rereading Mr. Justice Black On The First Amendment, Harry Kalven Jr.

Articles

No abstract provided.

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."

Ann Arbor And Legal Aid, James J. White

Articles

Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …

Consumer Legislation And The Poor, Eric Schnapper

Articles

No abstract provided.

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …

Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.

Articles

What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Articles

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …

Review: Changing Patterns In Christian Education, Elmer L. Towns

Articles

No abstract provided.

Politics And The Constitution: Federal Aid To Parochial Schools, Philip B. Kurland

Articles

No abstract provided.

For M.P.S., Harry Kalven Jr.

Articles

No abstract provided.

Aaron Director: A Personal Appreciation, Bernard D. Meltzer

Articles

No abstract provided.

De Tocqueville And The Role Of The Lawyer In Society, Phil C. Neal

Articles

No abstract provided.

Laird Bell, Edward Hirsch Levi

Articles

No abstract provided.

Suitcase Divorce In The Conflict Of Laws: Simons, Rosenstiel, And Borax, David P. Currie

Articles

No abstract provided.

Book Review (Reviewing Alexander M. Bickel, Politics And The Warren Court (1965)), Philip B. Kurland

Articles

No abstract provided.

Brainerd Currie, Philip B. Kurland

Articles

No abstract provided.

Labor Arbitration: A Dissenting View, Bernard D. Meltzer

Articles

No abstract provided.

The American Jury And The Death Penalty, Harry Kalven Jr., Hans Zeisel

Articles

No abstract provided.

The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr.

Articles

No abstract provided.

Family Law And Welfare Policies: The Case For "Dual Systems", Thomas P. Lewis, Robert Levy

Articles

No abstract provided.

Elfbrandt V. Russell: The Demise Of The Loyalty Oath, Jerold H. Israel

Articles

In Elfbrandt v. Russell, the Supreme Court, in a 5-to-4 decision, declared unconstitutional Arizona's requirement of a loyalty oath from state employees. At first glance, Elfbrandt appears to be just another decision voiding a state loyalty oath on limited grounds relating to the specific language of the particular oath. Yet, several aspects of Mr. Justice Douglas' opinion for the majority suggest that Elfbrandt is really of far greater significance: it may sharply limit the scope and coverage of loyalty oaths generally and, indeed, may presage a ruling invalidating all such oaths. Of course, only the Supreme Court can determine this. …

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …

The Law, Gambling, And Empirical Research, Hans Zeisel

Articles

No abstract provided.

Facts For The Law Maker: Three Recent Studies, Hans Zeisel

Articles

No abstract provided.