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Articles 7591 - 7620 of 7782
Full-Text Articles in Entire DC Network
The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr.
The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr.
Articles
No abstract provided.
A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar
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 …
Family Law And Welfare Policies: The Case For "Dual Systems", Thomas P. Lewis, Robert Levy
Family Law And Welfare Policies: The Case For "Dual Systems", Thomas P. Lewis, Robert Levy
Articles
No abstract provided.
Torts: The Quest For Appropriate Standards, Harry Kalven Jr.
Torts: The Quest For Appropriate Standards, Harry Kalven Jr.
Articles
No abstract provided.
Protecting The Mentally Retarded: An Empirical Survey And Evaluation Of The Establishment Of State Guardianship In Minnesota, Robert Levy
Articles
Minnesota's program of state guardianship has gained national attention in the search for devices to protect and care for mentally deficient and epileptic persons. While not finally assessing the actual supervision of wards by the state commissioner of public welfare, this report scrutinizes the standards and procedures uti- lized by the probate courts and welfare departments in establishing guardianship. This article stresses the need for reform of current practices to ensure proper coopera- tion between judicial and behavioral authorities, and to ensure proper safeguards for the individual rights of per- sons who may be subjected to governmental authority. Likewise, the …
The Court Of The Union Or 'Julius Caesar' Revised, Philip B. Kurland
The Court Of The Union Or 'Julius Caesar' Revised, Philip B. Kurland
Articles
No abstract provided.
Flood Tide: Some Irrelevant History Of The Admiralty, Jo Desha Lucas
Flood Tide: Some Irrelevant History Of The Admiralty, Jo Desha Lucas
Articles
No abstract provided.
Public Law Perspectives On A Private Law Problem--Auto Compensation Plans, Walter J. Blum, Harry Kalven Jr.
Public Law Perspectives On A Private Law Problem--Auto Compensation Plans, Walter J. Blum, Harry Kalven Jr.
Articles
No abstract provided.
Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson
Freedom Of Navigation For International Rivers: What Does It Mean?, Ralph W. Johnson
Articles
Is the principle of free navigation, as applied to international rivers, relevant to present-day political and economic reality? Ordinarily, the first thing to be done in an article such as this is to define the principal term, i.e., "free navigation," or "navigational freedom." In this case it is impossible to give a single definition. The term, idea, concept, or rationale is a chameleon, changing its meaning from place to place and from time to time. A number of the following pages will be devoted to tracing these various meanings and showing the confusion that arises from their existence. Briefly, there …
The Economics And Law Of Price Discrimination: Herein Of Three Regulatory Schemes, Kenneth W. Dam
The Economics And Law Of Price Discrimination: Herein Of Three Regulatory Schemes, Kenneth W. Dam
Articles
No abstract provided.
The Growth Of The Long Arm: Eight Years Of Extended Jurisdiction In Illinois, The Recent Developments In Illinois Practice, David P. Currie
The Growth Of The Long Arm: Eight Years Of Extended Jurisdiction In Illinois, The Recent Developments In Illinois Practice, David P. Currie
Articles
No abstract provided.
Challenge And Response In Family Law, Max Rheinstein
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Gideon V. Wainwright: The Art Of Overruling, Jerold H. Israel
Articles
During the 1962 Term, the Supreme Court, on a single Monday, announced six decisions concerned with constitutional limitations upon state criminal procedure. The most publicized of these, though probably not the most important in terms of legal theory or practical effect, was Gideon v. Wainwright. In an era of constantly expanding federal restrictions on state criminal processes, the holding of Gideon-that an indigent defendant in a state criminal prosecution has an unqualified right to the appointment of counsel-was hardly startling. And while Gideon will obviously have an important effect in the handful of states that still fail to appoint counsel …
The Perilous Necessity: Nonlegal Materials In A Family Law Course, Robert Levy
The Perilous Necessity: Nonlegal Materials In A Family Law Course, Robert Levy
Articles
Even the most casual observer should be aware that we are living through a period of intense interest by law professors in the behavioral sciences. No volume of the Journalof Legal Education is published without at least one essay on a law school program, a design for cooperative research or a criticism of the lawyers for paying no heed to their more scientific brethren. A review of A.A.I.S. convention agendas would indicate, I am sure, very few meetings without some discussion of "Law and the Behavioral Sciences."' The interest manifests itself in a variety of ways, 'but nowhere more actively, …
Lockouts Under The Lmra: New Shadows On An Old Terrain, Bernard D. Meltzer
Lockouts Under The Lmra: New Shadows On An Old Terrain, Bernard D. Meltzer
Articles
No abstract provided.
Of Church And State And The Supreme Court, Philip B. Kurland
Of Church And State And The Supreme Court, Philip B. Kurland
Articles
No abstract provided.
The Supreme Court, Arbitrability And Collective Bargaining, Bernard D. Meltzer
The Supreme Court, Arbitrability And Collective Bargaining, Bernard D. Meltzer
Articles
No abstract provided.
Commercial Arbitration, Soia Mentschikoff
Some Thoughts On "Antitrust Policy" And The Antitrust Community, Robert Levy
Some Thoughts On "Antitrust Policy" And The Antitrust Community, Robert Levy
Articles
In this article, ProfessorLevy uses a recent book recom- mending extensive changes in the antitrust laws as a springboardfor discussion of one of the most complex and difficult problems of antitrustadministration:the lack of competition in the "concentrated,"or oligopolistic,in- dustries. The author suggests that reform through legis- lation is probably impossible because of the current cli- mate of opinion and the effectiveness of numerous anti- trust "hucksters"-laivyers and businessmen who fre- quently sacrifice accuracy and objectivity in pursuing re- sults they favor. ProfessorLevy suggests a new interpre- tation of the present Sherman Act to avoid the difficul- ties of legislative modification.His …
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Riparian And Public Rights To Lakes And Streams, Ralph W. Johnson
Articles
The purpose of this article is to assist in the re-examination of Washington water law by looking at the parts of that law encompassed within the labels "riparian" and "appropriation." The first few pages will sketch some of the current trends in water use, showing some of the remarkable differences in use between the first part of the century and today, and between the eastern and western parts of the state. The balance of the article will examine the two systems to see where they are meeting current needs of the state and where they are not. Several questions will …
Income Tax Law And Slums: Some Further Reflections, Walter J. Blum, Allison Dunham
Income Tax Law And Slums: Some Further Reflections, Walter J. Blum, Allison Dunham
Articles
No abstract provided.
The Metaphysics Of The Law Of Obscenity, Harry Kalven Jr.
The Metaphysics Of The Law Of Obscenity, Harry Kalven Jr.
Articles
No abstract provided.
Unconstitutional Discrimination In The Conflict Of Laws: Equal Protection, Brainerd Currie, Herma Hill Schreter
Unconstitutional Discrimination In The Conflict Of Laws: Equal Protection, Brainerd Currie, Herma Hill Schreter
Articles
No abstract provided.
The Columbia River System, Ralph W. Johnson
The Columbia River System, Ralph W. Johnson
Articles
In March, 1959; the International Columbia River Engineering Board submitted its report on the co-operative development of the river to the International Joint Commission. In December, 1959, that Commission submitted to the governments of Canada and the United States its recommendations for apportionment of benefits if co-operative development is undertaken. And thirdly, in the last two years there has been much attention directed at the Peace River development, which is considered by some as competitive with the Columbia. Let us examine the effects of these events on the Columbia River problem. A presentation for Panel II, Current Legal Problems Connected …
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
The Law School Of The University Of Michigan: 1859 - 1959, Elizabeth Gaspar Brown
Articles
On October 3, 1959, the law school of the University of Michigan will have completed a hundred years of functioning existence. A century earlier, on October 3, 1859, James Valentine Campbell delivered an address On the Study of the Law at the Presbyterian Church in Ann Arbor, officially opening the law department.
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Sales—A Comparison Of The Law In Washington And The Uniform Commercial Code, Ralph W. Johnson
Articles
The purpose of this article is to analyze and comment upon the changes that the Code would make on the sales law of Washington. Article 2 of the Code would entirely replace the existing Uniform Sales Act in Washington and some of the Washington case law.
Is The Trial Bar A Cause Of Delay?, Harry Kalven Jr., Hans Zeisel, Bernard Buchholz
Is The Trial Bar A Cause Of Delay?, Harry Kalven Jr., Hans Zeisel, Bernard Buchholz
Articles
This article is one chapter of a new book Delay in the Court described in the footnote. The two preceding chapters documented the loss of court time per year and per day, suggesting that the available judicial manpower is not being used as effectively as
The Uniqueness Of Survey Evidence, Hans Zeisel
The Chief Justice And The School Segregation Cases, Philip B. Kurland
The Chief Justice And The School Segregation Cases, Philip B. Kurland
Articles
No abstract provided.