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Defining The Limits Of Crime Control And Due Process, Richard Frase

Articles

In his latest book, Hans Zeisel argues that "law enforcement, important and essential as it is, cannot by itself significantly reduce crime" (p. 15). Thus, he concludes, we should redirect our efforts toward general prevention, starting with improvements in ghetto schools. Zeisel's thesis is supported by data from his study of the disposition of felony arrests in New York City 1 and is supplemented by his assessment of the results of recent criminal justice research in other jurisdictions. Zeisel, a pioneer in the application of social science research methods to issues of law and public policy, 2 presents a wealth …

Ethical Problems Of An International Human Rights Practice, David Weissbrodt

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Little attention has been devoted to ethical problems facing American lawyers engaged in commercial and corporate work in foreign countries or with foreign clients. IEven less attention has been paid to the professional responsibilities of lawyers engaged in an international human rights legal practice. 2 As an increas- ing number of lawyers become involved in the practice of international human rights law in the courts of the United States, in international fora, and abroad, issues will continue to arise regarding the ethical constraints on their work.3

United States Foreign Policy And Human Rights: An Overview, David Weissbrodt

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The organizers of this symposium asked me to provide a back- ground for the present status of human rights in the foreign policy of the United States Government. They suggested that I provide a his- tory of the subject, stressing the approach of President Carter. I have written such a history, stressing the United States human rights legis- lation which was not created by President Carter, but which he found already in place when he reached the White House. Rather than recite this historical background, I think it would be more useful to look at three basic questions which might …

Custody Investigation In Divorce Cases: The New York Law Revision Commission Proposal In Perspective, Robert Levy

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No abstract provided.

Beyond Promissory Estoppel: Contract Law And The "Invisible Handshake", Daniel A. Farber, John Matheson

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No abstract provided.

Public Sector Bargaining: Fiscal Crisis And Unilateral Change, Stephen F. Befort

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The brief history of public sector collective bargaining encompasses two periods of economic extreme. Collective bargaining in the public sector emerged in the 1960's and early 1970's, a period of unprecedented growth in state and local government. With normal economic restraints eased by the growth of state and local budgets, inexperienced public employers frequently offered little resistance to the demands of public sector unions. Beginning in the mid-1970's, however, the economic fortunes of state and local governments suffered a dramatic reversal. Whether viewed as a cause or an effect of the fiscal crisis, taxpayer hostility to ever-increasing budgets accompanied and …

Bistabiity By Induced Waveguiding In Coupled Semiconductor Lasers, Daniel Heffernan, J. Mcinerney, L. Reekie, D. Bradley

Articles

Recently, McInerney, Reekie, and Bradley observed bistability in twin diode GaAs/GaAlAs injection lasers in an external cavity when both diodes were above threshold. We show that this bistability may be explained by a form of self-focusing which is produced by induced waveguiding in the wide stripe lasers. A detailed analysis is performed on a standard model of these diodes in an external cavity. We have found very good agreement between theory and experiment.

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

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No abstract provided.

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

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No abstract provided.

How To Write A Law Review Article 1985 Minority Law Teachers Conference, Richard Delgado

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No abstract provided.

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

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No abstract provided.

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

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No abstract provided.

Fairness And Formality: Minimizing The Risk Of Prejudice In Alternative Dispute Resolution, Richard Delgado, Chris Dunn, Pamela Brown, Helena Lee

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Presents an overview of alternative dispute resolution ADR and contrasts the quality of justice it affords to that of the incourt variety Concludes based on social science literature that ADR is likely to increase the risk of prejudicial behavior and outcomes especially for disempowered disputants Summarizes criticisms of ADR and suggests ways of lessening prejudice in alternative disputing without sacrificing its benefits of speed and low cost

The Author Replies, Richard Delgado

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No abstract provided.

Federal Regulation Of The Workplace In The Next Half Century, Theodore J. St. Antoine

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Even the general circulation press, from the New York Times to the Los Angeles Times to Business Week, has taken to examining the current malaise of the labor movement and the increased emphasis upon ensuring the safety, health, and economic security of employees through direct governmental regulation rather than through collective bargaining. What accounts for this upsurge of scholarly and popular interest in labor relations and labor law? There are undoubtedly multiple causes but I should like to focus on a couple of reasons that seem preeminent to me.

The Supreme Court's Misconstruction Of A Procedural Statute-A Critique Of The Court's Decision In Badaracco, Douglas A. Kahn

Articles

When a taxpayer files an honest' federal income tax return for a taxable year, section 6501(a) of the Internal Revenue Code2 limits the period of time during which the Government can assess a tax for that year to a three-year period commencing with the date that the return was filed. The three-year limitations period is extended for an additional three years by section 6501(e)(1)(A) if the taxpayer's return omits properly includible gross income in an amount in excess of twenty-five percent of the gross income that was reported. If a taxpayer fails to file a return for a taxable year …

Thoughts On Teaching, Christina B. Whitman

Articles

I teach in classrooms where, ten years ago, I sat as a student. People who were my teachers are now my colleagues. People who were my students are still my friends. The difference between teacher and student, it seems to me, is more appropriately described as progression through a life than as distinct positions in a hierarchy.

The Wagner Act: Labor Law's Signal Event, Theodore J. St. Antoine

Articles

There's no fun in stating the obvious. Sophisticated professionals bestow few kudos on those who declaim the conventional wisdom. Even so, one would have to be far more perverse than I, in this fiftieth anniversary year of the National Labor Relations Act, to suggest that the Wagner Act, wasn't the most important (and at the time of it- passage the most controversial) development in the last half-century of labor law.

Perpetuities: A Perspective On Wait-And-See, Lawrence W. Waggoner

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Professor Dukeminier and I agree on most of the important points concerning perpetuity law and perpetuity reform. We agree that the Rule Against Perpetuities still serves a socially useful function of limiting dead hand control, and should not be abolished. We also agree that the common law Rule is needlessly harsh and should be softened. Finally, we agree on the type of reform that is most desirable-waitand- see. Our only disagreeihent-concerns the best method of marking off the wait-and-see perpetuity pe]iqod-the period of time during which dispositions that would have been invalid under the common law Rule are to be …

James A. Martin: A Man Of Grand Strengths, Delightful Foibles, James J. White

Articles

Jim Martin was my student, my colleague, and my close friend. His was a mind of independent ideas and uncommon sharpness. He was a scholar of national reputation, not just in one subject, but in three. Books that he authored or co-authored in Conflict of Laws, Civil Procedure, and Commercial Law are used in courses from coast to coast. He was a principal draftsman of a new statute, the Uniform Personal Property Leasing Act, that will soon be proposed for adoption in every state of the United States. He was a drafter of and a commentator on the Michigan Court …

One Use Of Computerized Instructional Gaming In Legal Education: To Better Understand The Rich Logical Structure Of Legal Rules And Improve Legal Writing, Layman E. Allen, Charles S. Saxon

Articles

This article describes an innovation in legal education and speculates about its importance and effectiveness as an educational tool. The speculations about its potential use, however, are ones that each legal educator will be able to test individually to determine the effectiveness of this use of microcomputers to improve legal education. The computer software that permits the innovation to be used will be available to interested persons by the time that this article is published.

Rotten Social Background: Should The Criminal Law Recognize A Defense Of Severe Environmental Deprivation, Richard Delgado

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No abstract provided.

Action Infrared Photography, Andrew Davidhazy

Articles

A description of how to modify a SLR camera for action infrared photography and how to adjust a regular light meter for more dependable IR exposure determinations.

A Rejoinder By Professor Waggoner, Lawrence W. Waggoner

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Since the patience of the reader and the space in this issue of the Law Review are nearing their limits, I wish to publish only two points in response to what Professor Dukeminier has written.. These points further support my position that Dukeminier's proposed statute would lead almost anyone to conclude that A, not X, is the causal relationship measuring life in Example 1 of my article.1 By implication, these points, along with the others made in my article, corroborate my overall thesis: Professor Dukeminier's proposed one-sentence statute2 cannot be counted a responsible way of identifying the measuring lives for …

An Analytical View Of Recent Lending Of Credit Decisions In Washington State, Hugh D. Spitzer

Articles

Sections 5 and 7 of article VIII of the Washington State Constitution, concerning gifts or loans by the state and by local governments, have been a source of confusion to the courts and frustration to the sponsors of government programs. Although some have proposed a single formula for applying the provisions, attempts to create a single rule or set of coherent rules for interpreting these problematical provisions are apt to fail. The constitutional language is complex, involving numerous elements, each of which must be present for the prohibition to apply. Rather than a single formula governing the application of these …

Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

Articles

This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

Articles

This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers …

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

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Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs, …

On Preferences And Promises: A Response To Harsanyi, Donald H. Regan

Articles

John C. Harsanyi sketches an entire normative and metaethical theory in under twenty pages. Combining breadth and brevity, his essay is useful and interesting. It reveals the interrelations between Harsanyi's positions on various issues as no longer work or series of articles could do. But by virtue of its programmatic nature, the essay creates a dilemma for a commentator, at least for one who finds many things to disagree with. If I responded to Harsanyi in the same sweeping terms in which he argues, we would end up with little more than opposing assertions. At the other extreme, I could …

Disparate Tax Treatment Of Different Types Of Business Organizations: Where Should We Go From Here?, Douglas A. Kahn

Articles

If several persons wish to join together in a common enterprise in order to pool their capital or labor or some of each, they may choose among a variety of available organizational structures that will serve that purpose. The most common entity forms are partnerships (including joint ventures), corporations, and trusts. While, in its typical structure, each of those entity forms has its own distinct characteristics, the structure of such organizations often is modified by agreement so as to adopt attributes of another type of entity. Because of this, the substantive distinction between entity types is blurred.