Digital Commons Network^™

Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Fundamentals Of The Attorney-Client Privilege, A. Kenneth Pye

Faculty Scholarship

No abstract provided.

Due Process Considerations In Police Showup Practices, Gordon G. Young

Faculty Scholarship

No abstract provided.

Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran

Faculty Scholarship

No abstract provided.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

Faculty Scholarship

No abstract provided.

Optimal Policies And Immiserizing Growth, Jagdish N. Bhagwati

Faculty Scholarship

In 1958, I analysed the paradoxical case of "immiserizing growth" [2] where a country, with monopoly power in trade, found that the growth-induced deterioration in its terms of trade implied a sufficiently large loss of welfare to outweigh the primary gain from growth. An obvious corollary of this proposition was that, if the country imposed an optimum tariff (either in both the pre-growth and the post-growth situations, or in the latter situation alone), this paradox would be eliminated.

James Melvin, in an interesting note [5], has now produced yet another analysis of immiserizing growth, where demand differences of the factor-intensity-reversals …

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr.

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock

Faculty Scholarship

No abstract provided.

Criminal Justice In Extremis: Administration Of Justice During The April 1968 Chicago Disorder, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Independent Doctrine Of Ratification V. The Restatement And Mr. Seavey, Aaron Twerski

Faculty Scholarship

No abstract provided.

Commentary, An Ode To Rejection, Aaron Twerski

Faculty Scholarship

No abstract provided.

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.

More On The Equivalence Of Tariffs And Quotas, Jagdish N. Bhagwati

Faculty Scholarship

In an earlier paper on the equivalence of tariffs and quotas [1], I argued that this equivalence – defined such that a tariff would lead to a level of imports which, if alternatively set as a quota, would generate the same implicit tariff – followed from the assumptions of competitive domestic production, supply of imports, and holding of quotas. This universality of competitiveness sufficed to guarantee equivalence, as defined. It was further argued that a departure from these assumptions could, in general, destroy this equivalence and several such departures were analyzed: (1) perfect competition in domestic production replaced by pure …

The Student As University Resident, William W. Van Alstyne

Faculty Scholarship

This examination argues that the position that a student’s rights are determined by whether he lives on or off-campus is unraveled by the institution’s position as a state actor. This article disposes of the notion that the university is equivalent to a landlord in property and contract rights and discusses how this distinction affects students’ rights.

Treatment Of Confidential Information By The Federal Trade Commission: The Hearing, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …

Comparison Of Isobar Production In Pp And P̅N Interactions At 2.8 Gev/C, William J. Fickinger

Faculty Scholarship

The reactions pp→N*++(1238)n and p̅ n→N̅ *--(1238)p at 2.8 GeV/c incident laboratory momentum are analyzed with the Brookhaven National Laboratory 20-in. bubble chamber. Isobar and anti-isobar production differential cross sections and decay angular distributions are compared with the predictions of an absorptive single-pion-exchange model. The absolute values, shapes, and ratios of the cross sections are in good agreement with the theory when the absorptive parameters γ1 and γ2 are 0.033 and 0.016 for the p̅ n reaction, and 0.057 and 0.019, respectively, for the pp reaction.

Single And Multiple Pion Production In Π⁺N And Π‾P Interactions At 1.7 Gev/C, William J. Fickinger, D. K. Robinson

Faculty Scholarship

Meson production in π-p and π+n interactions at 1.7 GeV/c has been studied in two bubble-chamber exposures. Combined results are presented with emphasis on single-pion production (4300 events) which is dominated by the formation of the ρ0 meson in peripheral interactions, and on double-pion production (1100 events) which shows strong formation of the ω meson. These data are compared with the predictions of particle-exchange models, including absorption, and the effects of competing channels are discussed. Evidence for a two-pion decay mode of the ω is examined quantitatively. Processes with higher meson multiplicities are described.

Wiretapping And Bugging: Striking A Balance Between Privacy And Law Enforcement, Kent Greenawalt

Faculty Scholarship

The conflict between individual privacy and the needs of law enforcement occurs at a number of points in our system of criminal justice. It is not unique to wiretapping and electronic eavesdropping, but the competing claims in that area do have their own special character. They are qualitatively different from those in regard to, say, confessions. The kinds of crimes and criminals affected are different, as are the relevant assertions about individual freedom.

Law enforcement officials, almost to a man, consider wiretapping and eavesdropping valuable weapons in the fight against crime. They are most helpful in regard to consensual crimes …

A Plea For A Uniform Parole Evidence Rule And Principles Of Contract Interpretation, Joseph Perillo

Faculty Scholarship

No abstract provided.

Contracts, Charles L. Knapp

Faculty Scholarship

No abstract provided.

Obscenity, 1966: The Marriage Of Obscenity Per Se And Obscenity Per Quod, Henry Paul Monaghan

Faculty Scholarship

In a widely admired article, Harry Kalven argued that the New York Times case embodies the "central meaning" of the First Amendment. On his view, in a free, open society, maximum protection must be accorded to "political" speech. He concluded that the right freely to criticize the government must lie at the center of any adequate theory of the First Amendment.

It is not so easy to make a comparable claim about the relationship between obscenity and the First Amendment. The Supreme Court's conception of obscenity is partially responsible. While the Court in Roth v. United States (1957) explicitly barred …

Involuntary Confessions And Article 35, Criminal Procedure Code, Stanley Z. Fisher

Faculty Scholarship

Improper methods of police interrogation are known to every country in the world. And everywhere, it is agreed that an accused's confession of guilt which has been procured through physical violence, psychological intimidation, or improper inducements or promises cannot be considered in evidence against him at trial. The primary reason why involuntary confessions are excluded from evidence is that they are unreliable indices of truth; men have been known to admit crimes of which they are innocent, simply to escape the pain of torture or to obtain an irresistible benefit.

Automatic Extinction Of Cross-Demands: Compensation From Rome To California, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Ehrenzweig And The Statute Of Frauds: An Inquiry Into The Rule Of Validation, Brainerd Currie

Faculty Scholarship

No abstract provided.