Digital Commons Network^™

Motivation, Rationality, And Secular Purpose In Establishment Clause Review, Frederick Mark Gedicks

Faculty Scholarship

No abstract provided.

The Metamorphosis Of Legal Education Symposium On Legal Education, Peter L. Strauss

Faculty Scholarship

Professor Brook's remarks this morning provide a context for my own. I mean to say a word or two for the classical era. One of the characteristics of legal education over the past half century or so, one that we ought not give up, has been its passion for order in a chaotic world. Striking as it is to say that "a passion for order ill suits a chaotic world," the world has ever been chaotic – and that passion, our principal defense. The question is, with what principles of order do we exercise that passion, to subdue unruly fact. …

Retroactivity Revisited, Michael J. Graetz

Faculty Scholarship

In three prior articles, I considered transitional problems of changes the tax law. My general analysis and its specific application to the adoption of a consumption tax were criticized last year in this journal by Avishai Shachar. By taking liabilities explicitly into account in considering tax transition rules, Shachar extended the fundamental principles generated by my theory of legal transitions. Shachar, however, misunderstood or mischaracterized much of my earlier work.

In this comment, I respond briefly to Shachar's criticisms. In Part I, I set out the context and conclusions of my general theory and suggest that Shachar agrees with its …

Indigenous Peoples, Land Claims And Control Of Mineral Development: Australian And U.S. Legal Systems Compared, John D. Leshy

Faculty Scholarship

No abstract provided.

“Of Law And The River,” And Of Nihilism And Academic Freedom, Paul D. Carrington, Peter W. Martin

Faculty Scholarship

No abstract provided.

The Sound Of Silence: An Epistle On Prayer And The Constitution, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Training The Ethical Lawyer: A Rejoinder To Schneyer, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Changing The Rules Of The Game: The New Fcc Regulations On Political Debates, Erwin Chemerinsky

Faculty Scholarship

No abstract provided.

Doctors On Trial: Steve Biko, Medical Ethics, And The Courts, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Joseph Story's Commentaries On The Constitution: A Belated Review, H. Jefferson Powell

Faculty Scholarship

No abstract provided.

The Military Justice System And Command Accountability, Charles J. Dunlap Jr.

Faculty Scholarship

The Long Commission, which investigated the terrorist bombing of the Beirut Marine barracks, recommended punitive action against officers in the chain of command. The president, however, ruled out courts-martial. This article examines the concept of command accountability and the role of the military justice system.

Professional dereliction and incompetence have rarely been punished since World War II. . . . Failure to do so has bred an atmosphere of professional unaccountability that encourages, because it does not penalize, repetition of failure on the battlefield.

The Alaska Workers’ Compensation Law: Fact-Finding, Appellate Review, And The Presumption Of Compensability, Arthur Larson, John Lewis

Faculty Scholarship

No abstract provided.

Ideals And Things: International Legal Scholarship And The Prison-House Of Language, James Boyle

Faculty Scholarship

No abstract provided.

Recent Developments In Conflicts Of Law Notes, Michael M. Martin

Faculty Scholarship

No abstract provided.

Sociological And Human Developmental Explanations Of Crime: Conflict Or Consensus , Deborah W. Denno

Faculty Scholarship

This paper examines multidisciplinary correlates of delinquency in an attempt to integrate sociological and environmental theories of crime with human developmental and biological explanations of crime. Structural equation models are applied to assess links among biological, psychological, and environmental variables collected prospectively from birth through age 17 on a sample of 800 black children at high risk for learning and behavioral disorders. Results show that for both males and females, aggression and disciplinary problems in school during adolescence are the strongest predictors of repeat offense behavior. Whereas school achievement and family income and stability are also significant predictors of delinquency …

Trust Termination: Unborn, Living, And Dead Hands–Too Many Fingers In The Trust Pie, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

A New Service On The Texas Legal Horizon: Texas Supreme Court Index, James Hambleton, Jim Paulsen

Faculty Scholarship

Since the late 1950's the Texas Supreme Court Journal has been a mainstay of Texas lawyers, offering speedy copies of all supreme court opinions as well as writ dispositions. Though the Texas Supreme Court Journal is invaluable, it does have one major deficiency. Marian Boner's Reference Guide to Texas Law and Legal History puts the problem succinctly: "There is no cumulation, and the cases are not indexed."

A new publication, Texas Supreme Court Index+, is now making a creditable bid to fill that gap. A weekly service originating in Houston, the Index+ contains up-to-date data on the …

Writ Writing Revisited: The Auto-Cite Approach, James Hambleton, Jim Paulsen

Faculty Scholarship

The November 1984 issue of the Texas Bar Journal contains an article discussing Texas writs of error and writ history ("Does West Write the Right Writs?"). The article examines the two most commonly used sources for Texas writ history: the West Writs of Error and Discretionary Review Tables, and Shepard's Texas Citations. The conclusion was that both contain a number of significant error and omissions.

Actually, there is a third and generally more accurate source for recent Texas writ history. Marketed by Lawyers' Cooperative, the same folks who publish A.L.R. and the Lawyer's Edition of the U.S. Reports, …

Semiflexible Self-Avoiding Polymers, Rolfe G. Petschek

Faculty Scholarship

A simple two dimensional model for semiflexible polymers is discussed. A rigorous lower bound is obtained for the free energy and a rigorous upper bound is obtained for the energy. These bounds evaluated for infinite systems are shown to be in serious conflict with results obtained by a Monte Carlo simulation of a finite system.

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.

Charting The Future Course For Corporate Management Of Health Risks, Michael S. Baram

Faculty Scholarship

Corporations engage in technological activities of benefit to society, but thereby also create new health risks for workers, consumers, and communities. Government regulatory agencies deal with this chronic problem by conducting risk analyses and imposing various duties on private firms. Despite agency efforts and corporate compliance, health risks continue to arise and take their toll. To what extent will private firms voluntarily assume greater responsibility for preventing these health risks? This question is of increasing social importance, because the limitations of regulatory efforts are now obvious, whereas health risks are now being identified at what appears to be an increasing …

Political Interference In Law School Clinical Programs: Reflections On Outside Interference And Academic Freedom, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.

Defining Filartiga: Characterizing International Torture Claims In United States Courts, James Paul George

Faculty Scholarship

Since the Nuremburg trials and the attendant worldwide reaction to Nazi attrocities, the world has taken an increasing interest in preventing government torture. Whenever legal fictions such as national borders and other sovereignty concepts have acted as barriers to torture prevention, the world has responded, slowly and incrementally, with new legal fictions to overcome those barriers. A recent case in a United States federal court, Filartiga v. Pena-Irala, is a significant new increment toward the prevention of torture and more generally the international protection of human rights. Filartiga holds that torture, long prohibited by virtually all nations' laws and …

Redeployment Of Tax Expenditures For Housing, Alan L. Feld

Faculty Scholarship

This article assesses housing-related tax expenditures and evaluates some of the proposals for changes in these programs, so as to make better use of tax aids for housing.

The Right To Know And The Duty To Disclose Hazard Information, Michael S. Baram

Faculty Scholarship

In late 1983, the Occupational Safety and Health Administration (OSHA) promulgated its final rule on "hazard communication." This rule establishes for many workers the right to know certain health hazard information held by their employers. Concurrently, the rule imposes on these employers the duty to disclose such privately held information. ^I

The OSHA rule is limited and late, and joins a crowded field. It follows in the wake of several decades of legal developments which have established various rights to know and duties to disclose. Since the latter part of the nineteenth century, state common law for personal injuries has …

Justification And Judicial Responsibility, David B. Lyons

Faculty Scholarship

These Centenary Lectures are devoted to the "tension between rule and policy" in adjudication. The charge to the lecturers suggests it is "naive" to suppose that "the proper function of a court is to apply an established rule of law to the dispute before it." This topic has been a focus of legal theory at least since Holmes delivered his famous lecture, "The Path of the Law"--nearly as long as law has been taught at the University of California. It merits our continuing study.

Psychosocial, Legal, And Ethical Dimensions Of Ultrasound Imaging In Pregnancy, Karen H. Rothenberg

Faculty Scholarship

No abstract provided.

Rethinking Novotny In Light Of United Brotherhood Of Carpenters & Joiners V. Scott: The Scope And Constitutionally Permissible Periphery Of Section 1985 (3), Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Equal Credit Opportunity Act's Spousal Cosignature Rules And Community Property States: Regulatory Haywire, Winnie F. Taylor

Faculty Scholarship

No abstract provided.

From The Editor: On Legislative History Research, Richard A. Danner

Faculty Scholarship

No abstract provided.