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Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

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The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.

Normative Judgment, Social Change, And Legal Reasoning In The Context Of Abortion And Privacy, Stephen J. Schnably

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No abstract provided.

We Are Family: Changing Times, Changing Ideologies And Changing Law, Steven H. Hobbs

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No abstract provided.

Fact, Norm, And Standard Of Review - The Case Of Homosexuality Symposium: The Legal System And Homosexuality - Approbation, Accommodation, Or Reprobation, Richard Delgado

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No abstract provided.

Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado

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No abstract provided.

Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers

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A few states, mostly in the West and South, still retain a preference in custody disputes for placing young children with their mothers. In most other states, legislatures or courts have replaced the maternal presumption with a rule directing courts to be guided solely by the child's "welfare" or "best interests." A few legislatures have created a new preference for joint custody, directing courts to consider favorably requests by a parent for such arrangements, even over the objection of the other parent. This Article argues that the trend away from the maternal presumption is sensible, but that the current best-interests …

Legal Theory And The Obligation To Obey, Philip E. Soper

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Contributions to this symposium will undoubtedly share, with other recent discussions of the issue, the assumption that one does not need to decide what law is before deciding whether there is an obligation to obey it. More precisely, the assumption seems to be that our ordinary, pre-analytic understanding of "law" provides a completely adequate base for discussions about law's moral authority. The more refined disputes about the nature of law that dominate analytical jurisprudence can thus be ignored.

Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk

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The article examines whether the Constitution requires a damage remedy for unconstitutional land use ordinances and analyzes the policy implications of such a remedy. It argues that while awarding damages can compensate victims and influence behavior, the threat of liability may discourage useful government action. The author concludes that municipal damage liability for unconstitutional land use ordinances is generally unwise, except when the ordinance results from bad faith or deliberate obstruction of constitutional rights.

The Washington Environmental Policy Act, William H. Rodgers, Jr.

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As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.

The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There was …

Perpetuity Reform, Lawrence W. Waggoner

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After years of debate, perpetuity reform is still controversial. To be sure, there is agreement among virtually all of the commentators and experts in the field that the Rule Against Perpetuities is in need of reform. The disagreement, on the surface, centers on the methods of reform to be employed. At least three basic methods have been advanced: (1) specific statutory repair of discrete problem areas; (2) reformation; and (3) wait-and-see. Each method has its sponsors, and each has in one form or another been adopted as part of the law of a few states. These methods are not mutually …

Can Science Be Inopportune - Constitutional Validity Of Governmental Restrictions On Race-Iq Research, Richard Delgado, Sean Bradley, David Burkenroad, Ron Chavez

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No abstract provided.

In Re Lattouf's Will And The Presumption Of Lifetime Fertility In Perpetuity Law, Lawrence W. Waggoner

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Adoption of children is an ever-present complication of class gifts and the Rule Against Perpetuities. Given this fac any effort to find the presumption of lifetime fertility rebuttable is largely illusory. The author demonstrates that the gift in In Re Lattouf's Will could have been sustained even in face of an irrebuttable presumption.

The Natural Law Of Administrative Law, William H. Rodgers, Jr.

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Law teachers and researchers are inveterate seekers of metaphors. The metaphor, even if glib and obvious, invariably suggests further parallels and relationships, the conjoinder of phenomena. This is the road to uncovering unsuspected linkages and building simple descriptive models.

Theory building, in administrative law as elsewhere, begins with the capture and expression of the convincing metaphor. Extracting metaphors from the natural sciences to account for social happenings begins with a figure of speech and often ends there. Legislatures now are squeezing fat out of administrative agencies, an apt biological picture of a weight watcher's rigor being imposed on flabby, middle-aged …

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

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Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support from …

Economics, Politics, And The Reading Of Statutes And The Constitution, Richard A. Posner

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No abstract provided.

Beyond Sindell: Relaxation Of Cause-In-Fact Rules For Indeterminate Plaintiffs, Richard Delgado

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Discusses a doctrine the Sindell rule enabling plaintiffs to shift the burden of proof onto several defendants when all of them have exposed him or her to a risk which has eventuated but the plaintiff is uncertain which one is to blame for the injury Proposes extending this rule in the mirorimage case when an indeterminate plaintiff is one of several living in a locality who have suffered similar injuries some of which may be due to natural causes but others of which are known to be attributable to the defendant such as a polluter who has caused an increase …

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

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In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I …

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

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This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory …

State Pollution Statutes, David P. Currie

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No abstract provided.

In Memoriam: Malcolm P. Sharp, Gerhard Casper

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No abstract provided.

Concurrence In Quotes: A Critical Assessment Of Chief Justice Burger's Objections To A Right To Treatment For The Involuntarily Confined Mentally Ill, Richard Delgado, Michael N. Alexander, Peggy Bernardy, Fran Bremer

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No abstract provided.

The Effect Of Dietary Supplements Of W3 Polyunsaturated Fatty Acids On The Fatty Acid Composition Of Platelets And Plasma Choline Phosphoglycerides, T. Sanders, Katherine Younger

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Although it is not known iflinolenic acid (18:3w3) is essential its derivatives are important (Tinoco et a/. 1979). Eicosapentaenoic acid (20:5w3) is the precursor of the triene prostaglandins (Gryglewski et a/. 1979) and when incorporated into platelet lipids may influence bleeding time (Sanders et al. 1980). Docosahexaenoic acid (22:0013) is a major component of human brain and retinal lipids and is found in its highest concentrations in the phosphoglycerides of synaptic membranes and rod outer segments implying that it has a role in neural transmission. Radiotracer experiments in vitro suggest that man can convert 18:3w3 to 20:5w3 and 22:0013 (De …

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

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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.

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

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No abstract provided.

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

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No abstract provided.

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.

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

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

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No abstract provided.

Effect Of Blocking Protein Synthesis At Nonpermissive Temperatures On Temperature-Sensitive Deoxyribonucleic Acid Mutants Of Escherichia Coli, Irene Evans, N. Forrest, A. Lawrence

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When protein synthesis was blocked in temperature-sensitive deoxyribonucleic acid synthesis mutants of Escherichia coli at nonpermissive temperatures, it reduced the amount of apparent subsequent chain elongation to approximately half that observed in the mutants either at nonpermissive temperatures alone or when protein synthesis was blocked at the permissive temperature. Blocking protein synthesis at the nonpermissive temperatures for periods of 40 min caused the loss of ability to reinitiate deoxyribonucleic acid synthesis at the permissive temperature.