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Race To The Bottom Revisited: Reflections On Recent Developments In Delaware's Corporation Law, Daniel R. Fischel

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No abstract provided.

The Law And Economics Of Dividend Policy, Daniel R. Fischel

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No abstract provided.

United States Tax Treaty Policy: An Overview, H. David Rosenbloom, Stanley Langbein

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No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman

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No abstract provided.

Public Programs And Private Rights, Cass R. Sunstein, Richard B. Stewart

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By what right may courts seek to remedy deficient administrative performance, and by what methods should they do so? This question has been answered in fits and starts, in the context of several existing remedies: rights to contest regulatory impositions, hearing rights concerning government benefits, implied rights of action, and most recently, rights to require an agency itself to take enforcement action. Professors Stewart and Sunstein offer a theory to explain both the conceptual similarities and the evolutionary differences among these remedies. They show how the remedies are linked with particular conceptions of the deepest purposes particular statutes are meant …

Curia Regis: Some Comments On The Divine Right Of Kings And Courts To Say What The Law Is, Philip B. Kurland

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No abstract provided.

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

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No abstract provided.

Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel

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No abstract provided.

The Disposition Of Felony Arrests, Hans Zeisel

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While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …

Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel

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No abstract provided.

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

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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.

Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy

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There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld

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There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …

Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt

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No abstract provided.

A Note On Products Of Infinite Cyclic Groups, Brendan Goldsmith

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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].

Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson

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Constitutional Interpretation, Terrance Sandalow

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"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …

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.

Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein

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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 …

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

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Potter Stewart, Terrance Sandalow

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In the spring of 958, Justice Harold Burton informed President Eisenhower of his decision to retire at the end of the Term, but, at the President's request, withheld public announcement until the latter was ready to name a successor. In September, Eisenhower appointed Potter Stewart, who became, at age forty-three, the second youngest person to serve on the Supreme Court since the Civil War.

Is Washington Ready For Merit Selection Of Judges, Hugh D. Spitzer, William S. Bailey

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In 1980, Seattle established a judicial merit selection process for the Seattle Municipal Court, based on an approach used in many other jurisdictions and by the federal government under President Carter. The Seattle plan represents the first time a merit selection commission of lawyers and lay people has been used for nonfederal appointments in Washington. The two individuals subsequently appointed to the Seattle Municipal Court have gone through one of this state's most rigorous judicial selection processes.

In this article, we will review how judges are presently selected in this state, the various methods of choosing judges in other jurisdictions …

Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn

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This Article discusses the requirements of section 302(b) for characterizing a stock redemption as a purchase rather than as a dividend equivalent. The focus is primarily on two issues: (1) whether the election authorized by section 302(c)(2) to waive family attribution rules should be available to an entity such as a trust or estate; and (2) the determination of the standards to be applied in resolving whether a redemption is "not essentially equivalent to a dividend" so that section 302(b)(1) is applicable.

Allan F. Smith—My 'Dean For A Day', Theodore J. St. Antoine

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It has been my good fortune to have served in more different roles in relation to Allan Smith than has any other person in this Law School. I was his student here longer ago than either of us would care to calculate. A decade and a half ago he recruited me for this faculty when he was Dean. Although the prospect of working closely with Allan had a good deal to do with my decision to leave active practice for teaching, that was not to be. The first morning of my return to Ann Arbor, I remember plugging in my …

The Bankruptcy Tax Act Of 1980: A Brief Introduction, Edward A. Zelinsky

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No abstract provided.

The Distrust Of Politics, Terrance Sandalow

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In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

Constitutional Torts, Christina B. Whitman

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In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

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The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …

Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn

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Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …