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Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein Jan 1981

Notice And Freedom Of Contract In The Law Of Servitudes Comments, Richard A. Epstein

Articles

No abstract provided.


A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner Jan 1981

A Reply To Some Recent Criticisms Of The Efficiency Theory Of The Common Law, Richard A. Posner

Articles

No abstract provided.


The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner Jan 1981

The Next Step In The Antitrust Treatment Of Restricted Distribution: Per Se Legality, Richard A. Posner

Articles

No abstract provided.


State Pollution Statutes, David P. Currie Jan 1981

State Pollution Statutes, David P. Currie

Articles

No abstract provided.


Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland Jan 1981

Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland

Articles

No abstract provided.


The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt Jan 1981

The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt

Articles

When the public debate began at the United Nations Commission on Human Rights on the question of disappeared persons, the atmosphere in the huge assembly hall was tense and expectant. The public gallery was jammed with the wives and families of those persons who had been "disappeared"- arrested, tortured, imprisoned, or possibly killed by governments which refused to admit any knowledge or responsibility. The concerned audience came from all over the world. A few had even been disappeared themselves, but had managed to escape.


A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith Jan 1981

A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith

Articles

In his book [2], Fuchs introduces the notion of a subgroup X of a Specker group P being a product and goes on to establish a Lemma [2, Lemma 95.1] which yields a useful characterization of the quotient and enables an easy derivation of Nunke’s characterization of epimorphic images of the Specker group [4]. Unfortunately this Lemma is incorrect as we show in section 1. In section 2 by suitably strengthening the hypothesis we regain a characterization of the quotient. Throughout, all groups are additively written Abelian groups and our notation follows the standard works of Fuchs [1], [2].


Cults And Conversion: The Case For Informed Consent, Richard Delgado Jan 1981

Cults And Conversion: The Case For Informed Consent, Richard Delgado

Articles

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 Jan 1981

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

Articles

No abstract provided.


Siting =/= Protection: A Note On Solar Access, Dale Goble Jan 1980

Siting =/= Protection: A Note On Solar Access, Dale Goble

Articles

In assuring solar access, it is necessary to distinguish between siting collectors and protecting their access to sunshine once they have been placed. Siting requires the flexibility to balance potentially competing uses of land; it is best accomplished by zoning and land use planning. Once a collector is sited, however, flexibility must give way to certainty. The necessary certainty cannot be provided by zoning, which conveys no legally enforceable right. It is best accomplished by the recognition of a solar right through a priority-based permit system.


Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble Jan 1980

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

Articles

No abstract provided.


Robert G. Dixon: In Memoriam, Philip B. Kurland Jan 1980

Robert G. Dixon: In Memoriam, Philip B. Kurland

Articles

No abstract provided.


Nondegradation And Visibility Under The Clean Air Act, David P. Currie Jan 1980

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

Articles

No abstract provided.


The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner Jan 1980

The Ethical And Political Basis Of The Efficiency Norm In Common Law Adjudication, Richard A. Posner

Articles

No abstract provided.


Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein Jan 1980

Automobile No-Fault Plans: A Second Look At First Principles, Richard A. Epstein

Articles

No abstract provided.


Direct Federal Regulation Of Stationary Sources Under The Clean Air Act, David P. Currie Jan 1980

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

Articles

No abstract provided.


Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford Jan 1980

Administrative Rulemaking And Judicial Review: Some Conceptual Models, Daniel J. Gifford

Articles

A number of observers presently believe that much federal rulemaking has become unduly complex, time-consuming, costly, and unwieldly,1 primarily because of the transformation of judicial review of rules promulgated after informal proce- dures into review on the administrative record. Former dean Carl Auerbach, for example, believes that this change in judi- cial review in the last decade has profoundly and adversely af- fected the rulemaking process on the administrative level.2 Auerbach suggests that requiring an agency to prepare a de- fense to all potential challengers of a proposed rule, regardless of the actual number or content of the challenges, imposes …


National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine Jan 1980

National Labor Policy: Reflections And Distortions Of Social Justice, Theodore J. St. Antoine

Articles

The impulse behind much of American labor law is profoundly moral. The sufferings and indignities inflicted on working men, women, and even children as the industrial revolution enveloped the western world during the nineteenth and early twentieth centuries led many thoughtful observers to focus their attention on what was commonly called the "social question." Certain issues have been treated almost as if they posed questions of good and evil, when all they actually presented were problems of finding a proper balance of power between labor and management. This article shall develop these themes in several specific contexts.


To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado Jan 1980

To Tell The Truth: Physicians' Duty To Disclose Medical Mistakes, Joan Vogel, Richard Delgado

Articles

Discusses the need for a duty to disclose showing that the medical community does not effectively selfregulate in this area Emphasizes the importance of such a duty in light of the inherent inequality between patients and doctors Establishes the plausibility of the duty to disclose in order to enable the patient to take corrective action or sue for redress Outlines the prima facie case for and defenses to an action for breach of the duty to disclose medical errors Anticipates objections to such a duty and responds to them


Death: Multiple Definitions Or A Single Standard, Susan L. Brennan, Richard Delgado Jan 1980

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

Articles

No abstract provided.


High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote Jan 1980

High On The Seas: Drug Smuggling, The Fourth Amendment, And Warrantless Searches At Sea, Daniel H. Foote

Articles

Today no statute prohibits the mere possession of marijuana or other controlled substances beyond the three-mile offshore territorial limit of the United States; but prosecutions relating to vessels carrying controlled substances outside the territorial waters may be based upon charges of conspiracy to import or distribute the substances. In attempting to halt the recent increase in smuggling of such contraband by sea, the United States Coast Guard and other law enforcement agencies have aggressively exercised their powers to stop and search vessels. Two parallel statutory provisions, 14 U.S.C. § 89(a) and 19 U.S.C. § 158,(a), give the Coast Guard and …


Criminal Procedure In Alaska, Jeff M. Feldman Jan 1980

Criminal Procedure In Alaska, Jeff M. Feldman

Articles

Two years ago this review published an article which reviewed search and seizure law in Alaska. Because the local barand bench seem to have found that article to be useful, it appeared worthwhile to put together a similar review of the remainder of Alaska's law of criminal procedure. Like its predecessor, this article will review and analyze the law of criminal procedure in Alaska, isolating those areas in which the Alaska Legislature or the Alaska Supreme Court has departed from the prevailing approach to procedure in criminal cases and predicting probable outcomes to procedural issues still unresolved in Alaska.


Does Rome Have A Lesson For Us?, Hugh D. Spitzer Jan 1980

Does Rome Have A Lesson For Us?, Hugh D. Spitzer

Articles

As the Roman Empire became more complex and centralized, so did its law and legal system. Is there a message here for us?


Rewriting Roe V. Wade, Donald H. Regan Aug 1979

Rewriting Roe V. Wade, Donald H. Regan

Articles

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 Repeal Means Lab Accountability, Henry Spira Apr 1979

Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira

Articles

No abstract provided.


Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney Mar 1979

Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney

Articles

Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …


Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes Jan 1979

Should Indirect Purchasers Have Standing To Sue Under The Antitrust Laws? An Economic Analysis Of The Rule Of Illinois Brick, Richard A. Posner, William M. Landes

Articles

No abstract provided.


Privacy, Secrecy, And Reputation, Richard A. Posner Jan 1979

Privacy, Secrecy, And Reputation, Richard A. Posner

Articles

No abstract provided.


Plea Bargaining And Its History, Albert W. Alschuler Jan 1979

Plea Bargaining And Its History, Albert W. Alschuler

Articles

No abstract provided.


The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner Jan 1979

The Bakke Case And The Future Of 'Affirmative Action', Richard A. Posner

Articles

No abstract provided.