Digital Commons Network^™

The Burger Court, "State Action," And Congressional Enforcement Of The Civil War Amendments, Larry Yackle

Faculty Scholarship

There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fate of individual liberty in this Nation is in the hands of a Supreme Court whose newest members, cast in the intellectual likeness of a disgraced Executive, lack sufficient sensitivity to libertarian ideals to preserve the American democracy as we know it. Particularly for those who found in the Warren Court the moral leadership necessary to move the country toward a just resolution of the perplexing social problems that plague us all, the skies seem dark. Our constitutional system has always …

The Scope Of The Sixth Amendment: Who Is A Criminal Defendant?, David Rossman

Faculty Scholarship

When the Supreme Court, in Argersinger v. Hamlin, extended the right to counsel to misdemeanor defendants facing imprisonment, it raised the prospect of an eventual expansion of this right to defendants in all criminal prosecutions. This expansion appears to be the probable culmination of the historical development of the right to counsel. While prediction from a trend is never fully satisfactory, a trend toward such expansion exists nonetheless. The interpretation of the scope of the sixth amendment right to counsel as applied to the states has evolved from application to defendants in capital cases, to application to those whose lack …

The Victim's Role In Criminal Prosecutions In Ethiopia, Stanley Z. Fisher

Faculty Scholarship

The purpose of this paper is to review developments which have occurred in the victim’s role in criminal prosecutions under Ethiopian law. In contrast to the penal laws of modern Western states, which define a wide range of wrongful conduct as offensive to the state itself, the traditional Ethiopian law of wrongs viewed relatively few offenses thus. For the most part, the state confined itself to legitimating and assisting the victim’s own efforts to obtain redress.

"Fitness" For Birth And Reproduction: Legal Implications Of Genetic Screening, George J. Annas

Faculty Scholarship

The introduction of accurate methods to screen for genetic defects in the adult, the newborn, and the fetus promises to increase man's control over his own destiny. If that promise is to be realized, however, careful planning will be needed to prevent the technology of screening from imposing its own ethic on man. The invention of the club enabled man to increase his ability to hunt for food, and simultaneously to brutalize his fellow man. In the same way, while advances in genetic screening could lead to an increase in self autonomy for a few, they may also encourage the …

Law And Medicine: Myths And Realities In The Medical School Classroom, George J. Annas

Faculty Scholarship

The goal of legal education in a nutshell is to get the student to "think like a lawyer." The goal of medicolegal courses in medical schools, on the other hand, has often seemed to be to get the medical student to think bad things about lawyers. While the total solution to the legendary distrust between these two professions may not be an understanding of methodology, this article will suggest that one way to increase cooperation between the professions is to teach law in medical schools in a way that emphasizes methods of approaching problems and which seeks to dispel the …

The Unbundling Of Higher Education, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Technological Expert In Products Liability Litigation, Aaron Twerski, William A. Donaher, Henry R. Piehler, Alvin S. Weinstein

Faculty Scholarship

No abstract provided.

Ππ Scattering In The Energy Region 0.6 To 1.42 Gev, J. Díaz, F. A. Dibianca, William J. Fickinger, D. K. Robinson

Faculty Scholarship

ππ scattering amplitudes have been determined in the energy range 0.6 to 1.42 GeV. The amplitudes have been extracted in the framework of an absorption-modified one-pion-exchange model with certain energy-dependent assumptions.

The Nature Of The Contract Argument, David B. Lyons

Faculty Scholarship

As truth is the first virtue of belief, so justice is of social institutions. That is John Rawls's view, and it seems true, at any rate, of the law. Official acts, laws, and legal arrangements generally are characterized as just or unjust, while other moral categories are much less frequently invoked. Justice seems inseparable from good law. It is therefore striking and important that justice has recently been regarded by prominent legal theorists as rationally disreputable--as, in Kelsen's words, "an irrational idea." Many divergent conceptions of social justice have been propounded, and it is held that there is no rational …

Taking Stock Of The Court's Jurisdiction In A Sipa Liquidation, Roberta S. Karmel, Jeffery M. Weissman

Faculty Scholarship

No abstract provided.

From Codling To Bolm To Velez: Triptych Of Confusion, Aaron Twerski

Faculty Scholarship

No abstract provided.

Implications Of Minority Interest And Stock Restrictions In Valuing Closely-Held Shares, Alan L. Feld

Faculty Scholarship

The federal estate and gift taxes levy on the gratuitous transfer of wealth by both testamentary and lifetime disposition. The amount of the tax depends on the value placed on the property transferred by the decedent or donor. When the property transferred consists of shares of stock in a closely held corporation, there often exists no ready market to help in valuation. As a result, the value of the shares used to compute the federal estate or gift tax must be determined first by appraising the value of the enterprise, and then by allocating some portion of that value to …

Evidence For The Ωππ Decay Modes Of The A₂ And Ω(1675), J. Diaz, F. A. Dibianca, William J. Fickinger, A. Malko, D. K. Robinson, C. R. Sullivan

Faculty Scholarship

We present evidence for the decay A20→ωπ+π0 with a branching ratio Γ(A2→ωππ)/Γ(A2→ρπ)=0.28±0.09 and for the decay ω(1675)→ωπ+π- with a branching ratio Γ(ω(1975)→ωπ+π-)/Γ(ω(1675)→ρπ)=0.47±0.18. Evidence is given for an intermediate B(1235)π state in the ω(1675) decay.

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 …

Environmental Protection By Coastal States: The Paradigm From Marine Transport Of Petroleum, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

Haunting Shadows From The Rubble Of Roe’S Right Of Privacy, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

On Reanalyzing The Harris-Todaro Model: Policy Rankings In The Case Of Sector-Specific Sticky Wages, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

In a brilliant and pioneering paper, John Harris and Michael Todaro introduced a model with two sectors, manufacturing (urban) and agriculture (rural), a (sticky) minimum wage in manufacturing and consequent unemployment. They also introduced a labor allocation mechanism under which, instead of the usual equalization of actual wages, the actual rural wage was equated with the expected urban wage; the latter was defined as the (sticky) minimum wage weighted by the rate of employment, so that, unlike in the standard rigid-wage models of trade theory (for example, Gottfried Haberler, Bhagwati, Harry Johnson, Louis Lefeber, and Richard Brecher), the unemployment resulting …

Rules, Adjudications, And Other Sources Of Law In An Executive Department: Reflections On The Interior Department's Administration Of The Mining Law, Peter L. Strauss

Faculty Scholarship

Professor Strauss presents in this article a detailed case study of policymaking by the Department of the Interior in its administration of mining law. The antiquated nature of the General Mining Law of 1872, essentially unchanged since its enactment, has placed a great responsibility for "writing" the law of mining claims upon the Department, highlighting the problems that exist with the Department's internal allocation of its policymaking function.

The focus of this piece is a study of those problems and an examination of possible remedies. Professor Strauss criticizes, in particular, the inaccessibility of Department "law" and the Department's excessive reliance …

The Individualization Of Excusing Conditions, George P. Fletcher

Faculty Scholarship

The excusing conditions of the criminal law are variations of the theme "I couldn't help myself' or "I didn't mean to do it." In this respect the defenses known as necessity, duress, insanity and mistake of law are but extensions of homely, routine apologies for causing harm and violating the rules of social and family life. While we use the plea "I couldn't help myself" to cover the full range of excusing circumstances, each of the formal excuses of the criminal law has a limited sphere. As a general matter, these spheres are dictated by the type of circumstances rendering …

Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Class Action Issues, James R. Mccall

Faculty Scholarship

No abstract provided.

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Repossession And Adhesion Contract Issues, James R. Mccall

Faculty Scholarship

No abstract provided.

Comment, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Chancery Procedure And The Seventh Amendment: Jury Trial Of Issues In Equity Cases Before 1791, Geoffrey C. Hazard Jr., Harold Chesnin

Faculty Scholarship

No abstract provided.

An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall

Faculty Scholarship

No abstract provided.

Observation Of The Decay Ƒ⁰→Π⁺ Π⁺Π‾ Π‾, J. Diaz, F. A. Dibianca, William J. Fickinger, D. K. Robinson, C. R. Sullivan

Faculty Scholarship

We have observed the decay mode f0→π+π+π-π- and determined the branching ratio Γ(f0→π+π+π-π-)/Γ(f0→π+π-)=(5.5±1.0)×10-2.

Study Of The Reaction Π⁺N→Ωp At 6.0 Gev/C, J. Diaz, F. Dibianca, William J. Fickinger, D. K. Robinson

Faculty Scholarship

An analysis of the reaction π+n -> wp in a 6.0 GeV/c bubble chamber experiment is presented. The production differential cross section and spin density matrix elements are compared with Regge exchange models.

On Formal Justice, David B. Lyons

Faculty Scholarship

A number of legal and political theorists have suggested that public officials who fail to act within the law that they administer act unjustly. This does not mean that injustice is always likely to be done merely because it often happens to be done when officials depart from the law. Some writers have held that injustice is done whenever an official fails to act within the law, regardless of the circumstances. I shall call this type of view "formal justice."