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Intelligence Gathering And The Law: Conflict Or Compatibility?, Benjamin R. Civiletti Jan 1980

Intelligence Gathering And The Law: Conflict Or Compatibility?, Benjamin R. Civiletti

Articles

Article by Benjamin R. Civiletti, Attorney General of the United States (1979-1981), regarding the sensitivity and complexity of intelligence gathering. Document includes handwritten notes and was originally published in the Fordham Law Review.


Dimer Excision In Escherichia Coli In The Presence Of Caffeine., Robert Rothman Jan 1980

Dimer Excision In Escherichia Coli In The Presence Of Caffeine., Robert Rothman

Articles

Article may be found at: http://jb.asm.org/cgi/reprint/143/1/520 The observation that polA1 and recL152 mutations result in both slow pyrimidine dimer excision and large repair patch size leads to the hypothesis that patch size is directly related to the rate of excision. In this study caffeine, a known inhibitor of excision repair, was used to examine the extent of correlation between excision rate and patch size by measuring patch size in the presence of several concentrations of caffeine. Both the rate of excision and the resistance to ultraviolet radiation were reduced with increasing concentrations of caffeine after irradiation. Caffeine also inhibited the …


Correlation Of Serum, Tumor, And Liver Serum Glycoprotein: N-Acetylneuraminic Acid Transferase Activity With Growth Of The R3230ac Mammary Tumor In Rats And Relationship Of The Serum Activity To Tumor Burden, Irene Evans, R. Hilf, M. Murphy Jan 1980

Correlation Of Serum, Tumor, And Liver Serum Glycoprotein: N-Acetylneuraminic Acid Transferase Activity With Growth Of The R3230ac Mammary Tumor In Rats And Relationship Of The Serum Activity To Tumor Burden, Irene Evans, R. Hilf, M. Murphy

Articles

The observation that the activity of sialyltransferase (EC 2.4.99.1; serum glycoprotein:N-acetylneuraminic acid transferase) is often elevated in the serum of cancer patients necessitates an elucidation of the interrelationships of this serum enzyme with host tissues. Accordingly, the activity of this enzyme in serum, tumor, and liver was determined at various times after implantation of the R3230AC mammary carcinoma into Fischer rats. Results from samples obtained at numerous, sequential time points demonstrated that significant elevations in serum sialyltransferase enzyme activity occurred only in animals bearing large tumor burdens, i.e., greater than 20 g, or in animals with tumors present for longer …


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 Present Situation In Legal Scholarship, Richard A. Posner Jan 1980

The Present Situation In Legal Scholarship, Richard A. Posner

Articles

No abstract provided.


Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel Jan 1980

Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel

Articles

No abstract provided.


Creditors' Remedies As State Action, Julie Roin Jan 1980

Creditors' Remedies As State Action, Julie Roin

Articles

No abstract provided.


Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler Jan 1980

Sentencing Reform And Parole Release Guidelines, Albert W. Alschuler

Articles

Although parole release guidelines have achieved many of the advantages of determinate sentencing, they raise troublesome issues. Subject to important caveats, the author maintains that sentencing guidelines can better be administered by courts than by parole boards. He also maintains that current federal parole guidelines unfairly disregard plea bargained charge reductions, and that the construction of equitable guidelines requires detailed offense-by-offense and situation-by-situation studies that have not yet been undertaken.


Optimal Sentences For White-Collar Criminals, Richard A. Posner Jan 1980

Optimal Sentences For White-Collar Criminals, Richard A. Posner

Articles

Those concerned by the growth of white-collar crime disagree over the choice of a fine or imprisonment as the more appropriate sentence. In this article, Professor Posner argues that a sufficiently large fine is an equally effective deterrent that is cheaper to administer and therefore socially preferable.


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.


Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein Jan 1980

Social Investing And The Law Of Trusts, Richard A. Posner, John H. Langbein

Articles

No abstract provided.


Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson Jan 1980

Unanimity And Desegregation: Decisionmaking In The Supreme Court, 1948-1958, Dennis J. Hutchinson

Articles

By a process that has been the subject of considerable speculation, the United States Supreme Court reached a unanimous decision in the 1954 cases of Brown v. Board of Education and Bolling v. Sharpe, declaring unconstitutional statutory segregation in public school systems in the states and in the District of Columbia. Using previously unpublished material, Professor Hutchinson traces the rise and fall of unanimity in the segregation cases of the 1950's. The article delineates the Court's internal decisionmaking process and analyzes the role of unanimity in influencing the response of both the Court and the nation to the escalating challenges …


Guardians Of The Constitution, Gerhard Casper Jan 1980

Guardians Of The Constitution, Gerhard Casper

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.


The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes Jan 1980

The Positive Economic Theory Of Tort Law, Richard A. Posner, William M. Landes

Articles

No abstract provided.


Market Power In Antitrust Cases, Richard A. Posner, William M. Landes Jan 1980

Market Power In Antitrust Cases, Richard A. Posner, William M. Landes

Articles

With many antitrust prohibitions, the existence of a violation depends upon whether the defendant possesses sufficient market power. In this Article, Professors Landes and Posner present an economic analysis of market power that provides the necessary foundation for application to particular cases and for formulation of antitrust policy. They use their approach to illuminate the perplexing issues of product and geographical market definition, the measurement of market power arising from mergers and within regulated industries, and the quantification of damages in monopolization and price-fixing cases. Finally, they argue that, despite the novelty of their formulation, it is compatible with the …


The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner Jan 1980

The Economics Of Passing On: A Reply To Harris And Sullivan, William M. Landes, Richard A. Posner

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.


The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman Jan 1980

The Third United Nations Conference On The Law Of The Sea: The Eighth Session (1979), Bernard H. Oxman

Articles

No abstract provided.


The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer Jan 1980

The Weber Case: The Judicial Abrogation Of The Antidiscrimination Standard In Employment, Bernard D. Meltzer

Articles

No abstract provided.


Foreword The American Jury, Hans Zeisel Jan 1980

Foreword The American Jury, Hans Zeisel

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 …


Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper Jan 1980

Goldberg's Forgotten Footnote: Is There A Due Process Right To A Hearing Prior To The Termination Of Welfare Benefits When The Only Issue Raised Is A Question Of Law?, Laura J. Cooper

Articles

The federal government, in two different contexts, is currently reexamining the specific procedural protections that should be afforded welfare recipients who seek to challenge decisions of welfare agencies about their benefits. The Carter Administration and Congress are reviewing welfare hearing procedures as part of their interest in a fundamental reform of welfare programs.' Simultaneously, the Department of Health and Human Services (formerly HEW)2 is considering revision of its regulations governing welfare hearings.3 Both reform efforts propose that welfare benefits be discontinued before a hearing decision is rendered for recipients who challenge the termination of their benefits on the ground that …


The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase Jan 1980

The Decision To File Federal Criminal Charges: A Quantitative Study Of Prosecutorial Discretion, Richard Frase

Articles

No abstract provided.


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.


Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White Jan 1980

Machiavelli And The Bar: Ethical Limitations On Lying In Negotiation, James J. White

Articles

Upon the enactment of the Model Rules of Professional Conduct, published ethical norms will for the first time give explicit consideration to the lawyer's behavior in the process of negotiation. Rules 4.1, 4.2, and 4.3 deal with negotiation. Although the Canons, the interpretations of the Canons, and the Disciplinary Rules and Ethical Considerations gave tangential consideration to negotiating, 1 none of the Disciplinary Rules or Ethical Considerations explicitly considered negotiation apart from the process of litigation or counseling. The mere recognition of negotiation as a separate process worthy of unique rules is a large step. The purpose of this paper …