Digital Commons Network^™

Federalism And Social Change, Terrance Sandalow

Articles

A familiar passage in Professors Hart and Wechsler's casebook likens the relationship between federal and state law to that which exists between statutes and the common law. The underlying idea is that federal law rests upon a substructure of state law. "It builds upon legal relationships established by the states, altering or supplanting them only so far as necessary for [its] special purpose."' A similar relationship exists between state and federal judicial systems. State courts are courts of general jurisdiction, assumed to have authority to adjudicate controversies unless Congress has displaced them by conferring exclusive jurisdiction on federal courts. Federal …

A Colleague's Tribute, James J. White

Articles

This piece was published as a dedication to Dean Richard E. Speidel. In describing Dick Speidel's character and scholarship one is tempted to use the adjectives that are now a fixed part of the Decanal resignation ritual. Whatever their vices in office, retiring Deans are invariably "bright, insightful, generous, scholarly, worldly;" occasionally they are persons of "unbounded administrative skill," and even of "unlimited scholastic vision."

The Need For Clear Structure In 'Plain Language' Legal Drafting, Layman E. Allen, C. Rudy Engholm

Articles

Language is not simple. To pretend otherwise is to mislead. In practice the aspect that is handled most ineptly in written legal materials is the structure. The focus of this article is upon structure and how to improve it. At the outset, let one thing be absolutely clear. In seeking to achieve clarity of expression, those who have no more to recommend than short sentences, simple words, and readability formulas are offering a cracker in circumstances where a full gourmet feast is gleaming in the chef's eye for those with the wit but to ask for the menu. To practice …

Law Libraries Losing To ‘Double Inflation', Hugh D. Spitzer

Articles

In this short article, I will take a look at the largest law library in the Northwest, the University of Washington's facility, and outline how inflation is eating away at this particular institution. Then I will suggest some ways to cope with the problem if we want to maintain the quality of research materials which many of us are used to.

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

Articles

Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.

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

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

Articles

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

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

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This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …

Insurance, Pensions And The Internal Revenue Code: An Analysis, Edward A. Zelinsky

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No abstract provided.

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.

The Estate Tax Marital Deduction, Harold Dubroff, Douglas A. Kahn

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The estate tax marital deduction, section 2056 of the Internal Revenue Code, was enacted in 1948, along with the split-income provisions of the income tax law and the marital deduction and split-gift provisions of the gift tax law. The purpose was to give married residents of common law states approximately the same federal tax advantages that were available to married residents of community property states. Ordinarily, upon the death of a married resident of a community property state, only one-half of the community property is taxed in the decedent's estate. Section 2056 achieves approximately the same result for married residents …

To Set The Record Straight: The Break-In, The Tapes, The Conspirators, The Pardon, Philip B. Kurland

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No abstract provided.

Crumbling Of The Wills Act: Australians Point The Way, John H. Langbein

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No abstract provided.

Rewriting Roe V. Wade, Donald H. Regan

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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

Indians And Equal Protection, Ralph W. Johnson, E. Susan Crystal

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This article analyzes the recent Indian equal protection cases in an attempt to formulate the equal protection doctrine as applied to Indians, to examine the theoretical foundation for that doctrine, and to indicate how that doctrine will likely be applied in situations not yet addressed by the courts.

Metcalf-Hatch Repeal Means Lab Accountability, Henry Spira

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No abstract provided.

Metcalf-Hatch Act: Profit, Politics And Pain, Henry Spira

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No abstract provided.

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

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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 …

Distribution Of Flurescent Latex Particles Following Clearance From The Hemolymph Of The Freshwater Crayfish,Orconectes Virilis (Hagen), Douglas Merrill, S. Mongeon, S. Fisher

Articles

By using a novel technique we have been able to follow the clearance and distribution of fluorescent latex particles injected into both the midventral sinus and pericardial sinus of the freshwater cray-fish,Orconecte virilis. The fluorescene of various tissues was determined over post-injection periods ranging from 1 h to 20 days. Particles were rapidly removed from the hemolymph (Figs. 1 and 2) and accumulated in the heart (Fig. 3), antennal glands (Fig. 4), gills (Fig. 5) and, to a lesser extent, hepatopancreas (Fig. 6). Other tissues contained fluorescence in concentrations proportional to their supply of hemolymph.

Effect Of Blocking Protein Synthesis At Nonpermissive Temperatures On Temperature-Sensitive Deoxyribonucleic Acid Mutants Of Escherichia Coli, Irene Evans, N. Forrest, A. Lawrence

Articles

When protein synthesis was blocked in temperature-sensitive deoxyribonucleic acid synthesis mutants of Escherichia coli at nonpermissive temperatures, it reduced the amount of apparent subsequent chain elongation to approximately half that observed in the mutants either at nonpermissive temperatures alone or when protein synthesis was blocked at the permissive temperature. Blocking protein synthesis at the nonpermissive temperatures for periods of 40 min caused the loss of ability to reinitiate deoxyribonucleic acid synthesis at the permissive temperature.

Review: The Helper, Elmer L. Towns

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No abstract provided.

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

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No abstract provided.

The Irrelevance Of The Constitution: The First Amendment's Freedom Of Speech And Freedom Of Press Clauses, Philip B. Kurland

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No abstract provided.

Privacy, Secrecy, And Reputation, Richard A. Posner

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No abstract provided.

Bail Revisited, Hans Zeisel

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No abstract provided.

Plea Bargaining And Its History, Albert W. Alschuler

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No abstract provided.

Possession As The Root Of Title, Richard A. Epstein

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No abstract provided.

Plaintiff's Conduct In Products Liability Actions: Comparative Negligence, Automatic Division And Multiple Parties, Richard A. Epstein

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No abstract provided.

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

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No abstract provided.