Digital Commons Network^™

Active Rationality In Judicial Review, Richard Delgado

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No abstract provided.

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

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In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky

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No abstract provided.

Civil Rights Litigation After Monell, Eric Schnapper

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This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

Government Appeals In Criminal Cases: The 1978 Decisions, Edward H. Cooper

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The statute allowing the government to appeal from some forms of trial court defeat in criminal cases, 18 U.S.C.A. § 3731, has a long and tangled history. In its 1970 opinion in United States v. Sisson 9ui the Supreme Court wrestled mightily with a difficult problem under the statute as it then stood, and invited Congress to amend "this awkward and ancient Act." Soon afterward the act was amended. It now provides in part that the government may appeal in a criminal case

from a decision, judgment, or order of a district court dismissing an indictment or information as to …

Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White

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Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …

Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine

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If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.

Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar

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Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …

A Defense Of The Exclusionary Rule, Yale Kamisar

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The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

Book Review (Reviewing Oscar Shachter, Sharing The World's Resources (1977)), Gidon A. G. Gottlieb

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George Palmer, Terrance Sandalow

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I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy, generally …

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

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A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

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The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.

The Imperial Mandate, Philip B. Kurland

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No abstract provided.

The Attorney General: The Federal Government's Chief Lawyer And Chief Litigator, Or One Among Many?, Griffin B. Bell

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Article by U.S. Attorney General Griffin B. Bell (1977-1979) and United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit (1961-1976) discussing the shifting responsibilities of the government lawyer in order improve the government's ability to respond to the needs of the people. Document includes handwritten notes and was originally published in the Fordham Law Review.

Private Property And The Constitution, Richard A. Epstein

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No abstract provided.

Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman

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The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.

Endomorphism Rings Of Torsion-Free Modules Over A Complete Discret Valuation Ring., Brendan Goldsmith

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No abstract available.

Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman

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No abstract provided.

Pendent Parties, David P. Currie

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Restriction Of Speech Because Of Its Content: The Peculiar Case Of Subject-Matter Restrictions, Geoffrey R. Stone

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No abstract provided.

Human Cannonballs And The First Amendment: Zacchini V. Scripps-Howard Broadcasting Co., Douglas G. Baird

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No abstract provided.

Privacy, Property Rights, And Misrepresentations, Richard A. Epstein

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No abstract provided.

Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner

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A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …

The Chicago School Of Antitrust Analysis, Richard A. Posner

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No abstract provided.

Res Judicata: The Neglected Defense, David P. Currie

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No abstract provided.

Sentencing Reform And Prosecutorial Power: A Critique Of Recent Proposals For 'Fixed' And 'Presumptive' Sentencing, Albert Alschuler

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No abstract provided.

Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein

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No abstract provided.

Efficient Capital Market Theory, The Market For Corporate Control, And The Regulation Of Cash Tender Offers, Daniel R. Fischel

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Federal and state regulation of the cash tender offer makes it difficult for outsiders to win control of a corporation whose securities have been doing poorly in the capital market. Mr. Fischel argues that efficient capital market theory undermines the reasons usually given for these regulatory barriers and concludes that without these barriers the efficiency of the related market for corporate control would improve, His discussion also examines the courts' use of the business judgment rule in cases charging that managers have improperly dedicated corporate funds to measures that discourage tender offers, and extolls instead the recently devised compelling business …

Roman Law Of Guardianship In England, 1300-1600, Richard H. Helmholz

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No abstract provided.