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Social Security Disability Insurance Nuts & Bolts, Steven C. Emens Jan 1985

Social Security Disability Insurance Nuts & Bolts, Steven C. Emens

Articles

No abstract provided.


On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen Jan 1985

On Endomorphism Algebras Of Mixed Modules, Brendan Goldsmith, B. Franzen

Articles

No abstract available


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

Articles

No abstract provided.


Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Nov 1984

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case …


Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson Oct 1984

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing …


Text And Intellect, Monroe E. Price Oct 1984

Text And Intellect, Monroe E. Price

Articles

The article explores the intersection of Jewish identity, legal education, and professional practice, arguing that the Talmudic tradition of rigorous textual analysis and ethical inquiry has profoundly shaped the legal thinking and contributions of Jewish lawyers and judges, such as Justice Philip Halpern. It suggests that this tradition, emphasizing precision in language, respect for authority, and the pursuit of justice, provides a unique lens for understanding law as both a moral and social force.


Book Reviews - Probability And Stochastic Processes For Engineers, R. Viswanathan Jul 1984

Book Reviews - Probability And Stochastic Processes For Engineers, R. Viswanathan

Articles

No abstract provided.


The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg Apr 1984

The Quest For Silence: Faulkner's Lawyer In A Comparative Setting, Richard H. Weisberg

Articles

The article explores William Faulkner's portrayal of Gavin Stevens, a fictional lawyer, highlighting his evolution as a character and his unique place within the tradition of literary lawyer figures. The analysis focuses on Gavin's development in The Town, where he learns the value of silence and observation, distinguishing him from other lawyers in literature who often remain static in their personal growth. The article situates Gavin within a broader literary context, comparing him to characters from works by authors like Dickens and Twain, and argues for his significance as a complex and sympathetic character.


Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile Apr 1984

Human Rights, Stability, And Development In Africa: Some Observations On Concept And Reality, Minasse Haile

Articles

The article examines the challenges of implementing international human rights standards in sub-Saharan Africa, highlighting the tension between human rights and economic development. It argues that while human rights are essential, their realization is impeded by factors such as authoritarian governance, economic disparities, and the legacy of colonialism. The author advocates for a balanced approach that considers these challenges while promoting human rights, emphasizing the need to support pragmatic governance to gradually improve human rights conditions.


Legitim In English Legal History, Richard H. Helmholz Jan 1984

Legitim In English Legal History, Richard H. Helmholz

Articles

No abstract provided.


Representations Of Algebras Over A Complete Discrete Valuation Ring, Brendan Goldsmith, Manfred Dugas, Rudiger Gobel Jan 1984

Representations Of Algebras Over A Complete Discrete Valuation Ring, Brendan Goldsmith, Manfred Dugas, Rudiger Gobel

Articles

No abstract available


Limits Of Antitrust, Frank H. Easterbrook Jan 1984

Limits Of Antitrust, Frank H. Easterbrook

Articles

No abstract provided.


Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson Jan 1984

Corporate Reorganizations And The Treatment Of Diverse Ownership Interests: A Comment On Adequate Protection Of Secured Creditors In Bankruptcy, Douglas G. Baird, Thomas H. Jackson

Articles

No abstract provided.


Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel Jan 1984

Mandatory Disclosure And The Protection Of Investors, Frank H. Easterbrook, Daniel R. Fischel

Articles

No abstract provided.


The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie Jan 1984

The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

Articles

No abstract provided.


The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie Jan 1984

The Constitution In The Supreme Court: Limitations On State Power, 1865-1873, David P. Currie

Articles

No abstract provided.


Surface Water And Nuisance Law: A Proposed Synthesis, Donald L. Burnett Jr. Jan 1984

Surface Water And Nuisance Law: A Proposed Synthesis, Donald L. Burnett Jr.

Articles

No abstract provided.


Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld Jan 1984

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

Articles

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.


Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn Jan 1984

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

Articles

No abstract provided.


An Essentially Semi-Rigid Class Of Modules, Brendan Goldsmith Jan 1984

An Essentially Semi-Rigid Class Of Modules, Brendan Goldsmith

Articles

No abstract available


Rethinking The Substantive Rules For Custody Disputes In Divorce, David L. Chambers Jan 1984

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

Articles

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 …


The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1984

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Government Liability For Unconstitutional Land Use Regulation, Stewart E. Sterk Jan 1984

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

Articles

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.


Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky Jan 1984

Transfer Taxation Without Transfer: Reflections On Employer-Provided Death Benefits, Section 2039, Disclaimers, New Forms Of Wealth, And The Evolution Of The Federal Estate Tax, Edward A. Zelinsky

Articles

No abstract provided.


Inequality From The Top: Applying An Ancient Prohibition To An Emerging Problem Of Distributive Justice, Richard Delgado Jan 1984

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

Articles

No abstract provided.


The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado Jan 1984

The Language Of The Arms Race: Should The People Limit Government Speech, Richard Delgado

Articles

No abstract provided.


We Are Family: Changing Times, Changing Ideologies And Changing Law, Steven H. Hobbs Jan 1984

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

Articles

No abstract provided.


The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby Jan 1984

The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby

Articles

No abstract provided.


Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich Jan 1984

Jewish Divorce: Judicial Misconceptions And Possible Means Of Civil Enforcement, J. David Bleich

Articles

No abstract provided.


The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton

Articles

No abstract provided.