Digital Commons Network^™

New York's Right Of Privacy – The Need For Change, Kent Greenawalt

Faculty Scholarship

In 1890 Samuel Warren and Louis Brandeis wrote a famous article on the right to privacy. Concerned especially with newspaper publications about private and family matters, they urged that courts recognize an explicit right to privacy from unreasonable publicity. According to Warren and Brandeis, certain already recognized rights did in fact protect a person's wish to keep his private thoughts private, though these 1ights were founded on some more traditional legal theories. For example, the privilege of a writer of a letter to bar anyone's publication of the letter had been articulated in decisions as a property right, even when …

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

"Uncle Sam", The Product Safety Man: Consumer Product Safety Standards In The Marketplace And In The Courts, Marsha N. Cohen, James A. Brodsky

Faculty Scholarship

No abstract provided.

Fairness And Utility In Tort Theory, George P. Fletcher

Faculty Scholarship

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …

Legal Principles And The Limits Of Law, Joseph Raz

Faculty Scholarship

Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L. A. Hart, "have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate 'country' there are legal systems which are broadly similar in structure in spite of important differences." This includes for most people the assumption that laws differ from non-legal rules and principles. There are, for example, moral rules and principles, social …

Traditional Criminal Procedure In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

In the decade 1955-1965 the Ethiopian government completely revolutionized its legal system by promulgating comprehensive legal codes and a new constitution. These laws have a predominantly Western flavor, and seem to bear little relation to the traditional patterns of life which still prevail in the Empire-one of the least "developed" areas of Africa. This state of affairs has led some to characterize the new codes as "fantasy law," which may serve to put a modern "face" on the country but, at least for some time to come, will not have any serious impact on the conduct of its affairs.

Flights Of The Ant Formica Dakotensis Emery, Mary Talbot

Faculty Scholarship

Not available.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Flights Of The Ant Polyergus Lucidus Mayr, Mary Talbot

Faculty Scholarship

Flights of ants at the Edwin S. George Reserve, Livingston County, Michigan, have been studied over a number of years (Talbot 956, I959, 963, I964, 966, and Kannowski 959a, 959b). This paper is another in the flight series and concerns the slave-making ant, Polyergus lucidus Mayr.

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.

The Public Responsibility Of The Historian, James Hood

Faculty Scholarship

Transcript of a faculty lecture, The Public Responsibility of the Historian.

The Law Of Humanitarian Intervention: U.S. Policy In Cuba (1898) And In The Dominican Republic (1965), David S. Bogen

Faculty Scholarship

No abstract provided.

Rose Of Aberlone (Being An Entry For An Index), Brainerd Currie

Faculty Scholarship

No abstract provided.

Nest Structure And Flights Of The Ant Formica Obscuriventris Mayr, Mary Talbot

Faculty Scholarship

In southern Michigan the ant Formica obscuriventris Mayr constructs superficial nests under logs and piled-up leaves. Covered runways connect widely spread chambers.In 1962 one colony released approximately 3000 winged ants in 16 flight days between July 27 and August 24th. An estimated 2587 males flew, and the first nine flights were exclusively male. Females took part in six flights, but most (362 of the 422) flew on one day.The best flights occurred when bright sun warmed the ground after cold nights. Males could move out of the nest at 57 [deg]F. and could begin flying at 63 [deg]F. They flew …

Volksgeist And A Piece Of Sulphur, Frank W. Elliott

Faculty Scholarship

Savigny was a principal architect of the historical theory of jurisprudence which holds that law must be consonant with the spirit of the people it governs. In his own times, however, he was more than a philosopher. As a participant in a great debate, Savigny developed his theory as a weapon to resist the wholesale imposition of a legal code which he regarded as alien to and ill suited for the emerging German states. Professor Elliott explores the thought of this controversial man in a fashion which is of interest not only to the philosopher and historian, but also to …

The O’Meara Case And Constitutional Requirements Of State Anti-Discrimination Housing Laws, William W. Van Alstyne

Faculty Scholarship

Against the backdrop of the highly criticized O’Meara case, this comment explores the possible rational bases a state could use to support a differentiation between publicly-assisted and unassisted home owners. This comment also addresses the question of how substantial that rational bases must be in order to survive the requirements of equal protection.

Food, Drug, And Cosmetic Law (1961), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1960), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Oppugnancy And Oppression In Close Corporations: Remedies In America And In Britain, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Food, Drug, And Cosmetic Law (1959), Frederick M. Hart

Faculty Scholarship

No abstract provided.

Populations Of The Ant Aphaenogaster (Attomyrma) Treatae Forel On Abandoned Fields On The Edwin S. George Reserve, Mary Talbot

Faculty Scholarship

Not available.

Progress In Legal Aid Clinic Work, John S. Bradway

Faculty Scholarship

No abstract provided.

A New Look At Practical Training, John S. Bradway

Faculty Scholarship

No abstract provided.

Ants Of An Old-Field Community On The Edwin S. George Reserve, Livingston County, Michigan, Mary Talbot

Faculty Scholarship

Not available.

A Survey Of Statutory Changes In North Carolina In 1939, David F. Cavers

Faculty Scholarship

No abstract provided.

Notes On The Hypogaeic Ant, Proceratium Silaceum Roger, Clarence Hamilton Kennedy

Faculty Scholarship

Excerpt:

To complete the technical description of the species we give first a description of the male, which to date has remained undescribed.

Criminal Law—An Agency For Social Control, Justin Miller

Faculty Scholarship

No abstract provided.