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Civil Litigation And Jura Novit Curia, Lawrence G. Baxter Jan 1979

Civil Litigation And Jura Novit Curia, Lawrence G. Baxter

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No abstract provided.

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Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson Jan 1979

Passage Through International Straits: A Right Preserved In The Third United Nations Conference On The Law Of The Sea, Horace B. Robertson

Faculty Scholarship

In 1971, when the negotiations leading to the development of a new treaty on the law of the sea were in their earliest stages, the head of the U.S. delegation, John R. Stevenson, declared that freedom of passage through international straits was an essential element of any agreement that would be acceptable to the United States.

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Compromise Provisions Regarding In Rem Procedures, Joseph Sweeney Jan 1979

Compromise Provisions Regarding In Rem Procedures, Joseph Sweeney

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No abstract provided.

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‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti Jan 1979

‘Oath-Functions’ And The ‘Oath Process’ In The Civil And Criminal Law Of The Ancient Near East, Donald Magnetti

Faculty Scholarship

No abstract provided.

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Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav Oct 1978

Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part Ii, Pnina Lahav

Faculty Scholarship

In the beginning, use of the Press Ordinance (hereafter Pr. Ord.) was limited, but as British political control deteriorated it became more extensive and even ruthless. In 1937, the Peel Report complained that the Pr. Ord. was not tough enough and recommended stricter measures.3 At about the same time, the Mandatory Government itself reached the conclusion that the Pr. Ord. was insufficient and issued a series of Defence (Emergency) Regulations which suspended the entire range of civil liberties-including freedom of expression. These Defence (Emergency) Regulations which related to the press replaced in part and fortified in part the Pr. …

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Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas Oct 1978

Special Report On Endangered Species And New Life Forms: Conversation With A Cockroach, George J. Annas

Faculty Scholarship

On June 15, 1978, the United States Supreme Court ruled that the Endangered Species Act of 1973 required the enjoining of the operation of a virtually completed dam, the Tellico Dam in Tennessee, because of a determination by the Secretary of the Interior that its operation would eradicate the snail darter, an endangered species.

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Where Are The Health Lawyers When We Need Them, George J. Annas Jul 1978

Where Are The Health Lawyers When We Need Them, George J. Annas

Faculty Scholarship

A momentous event in the field of health law occurred in April of 1978: the first national meeting of teachers of health law was held at Boston University. Of sixty individuals invited, almost all of whom teach health law as a full-time profession in various graduate schools, forty-five participated in the two-day workshop. While that response alone may have revealed the answer, the first topic on the agenda was: "Is health law a discipline?"

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Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part I, Pnina Lahav Apr 1978

Governmental Regulation Of The Press: A Study Of Israel's Press Ordinance - Part I, Pnina Lahav

Faculty Scholarship

This article is part of a broader effort to analyse the relationship between the press and the legal system in Israel. Being only a segment of a larger project, it is devoted in its entirely to one component of Israel's press law: the Press Ordinance of 1933 (hereafter Pr. Ord.). Although antiquated and considered by certain circles as merely a "dead letter", the Pr. Ord. still forms the backbone of Israel's press law, since it regulates so many aspects of the press. Beyond its relevance as positive law, the Pr. Ord. is of interest for a number of reasons. Having …

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Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas Apr 1978

Judges At The Bedside: The Case Of Joseph Saikewicz, George J. Annas

Faculty Scholarship

In what may prove to be the most controversial medicolegal decision of the year, the Massachusetts Supreme Judicial Court has ruled that, in certain cases, courts are the proper forum in which life-sustaining medical decisions should be made.1 The controversy goes deep. It involves questions of who should make life-prolonging decisions, in what forum, and on what criteria. Until the last few years, these questions arose almost exclusively in the context of Jehovah's Witnesses cases - cases in which life-saving blood transfusions were being refused for religious reasons. But with society's increasing consciousness about the way people die in hospitals, …

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Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen Jan 1978

Recent Decisions Of The Supreme Court In Labor Law, David S. Bogen

Faculty Scholarship

No abstract provided.

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Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown Jan 1978

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.

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Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish Jan 1978

Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish

Faculty Scholarship

No abstract provided.

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Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane Jan 1978

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

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No abstract provided.

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The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr. Jan 1978

The Repressed Issues Of Sentencing: Accountability, Predictability, And Equality In The Era Of The Sentencing Commission, John C. Coffee Jr.

Faculty Scholarship

The existence of disparities in the sentences imposed on equally culpable offenders has long been a subject of jurisprudential concern. The author provides a critique of recent efforts to objectify the sentencing process that rely on a matrix table prescribing guideline sentence lengths on the basis of offense severity and predictions of recidivism. With particular emphasis on the Sentencing Commission authorized by pending federal legislation, he urges the need for political accountability in the body that inevitably makes value judgments in the preparation and administration of such a guideline system. Finally, the author discusses the normative issues that surround the …

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Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard Jan 1978

Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard

Faculty Scholarship

In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …

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Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg Jan 1978

Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg

Faculty Scholarship

The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …

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Shadow Prices For Project Selection In The Presence Of Distortions: Effective Rates Of Protection And Domestic Resource Costs, T.N. Srinivasan, Jagdish N. Bhagwati Jan 1978

Shadow Prices For Project Selection In The Presence Of Distortions: Effective Rates Of Protection And Domestic Resource Costs, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

The paper addresses the problem of deriving shadow prices for use in project evaluation when the existing allocation is characterized by ad valorem trade distortions. The analysis is used to clarify and resolve the long-standing debate among effective-rate-of-protection and domestic resource-cost proponents as to the respective merits of their measures as methods of project evaluation. The derivation of shadow factor prices is then extended to three major factor market imperfections familiar from extensive trade-theoretic analysis.

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A Preliminary Report On The Bakke Case, William W. Van Alstyne Jan 1978

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Faculty Scholarship

This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.

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Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer Jan 1978

Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer

Faculty Scholarship

No abstract provided.

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The Quest For Educational Opportunity: Access To Legal And Medical Education In New Mexico, Leo M. Romero Jan 1978

The Quest For Educational Opportunity: Access To Legal And Medical Education In New Mexico, Leo M. Romero

Faculty Scholarship

ACCESS of minority group members to higher education is one of the burning social and legal issues of our time. The issue centers around two problems: first, how can the number of minority students in higher education be increased, and, second, can it be done in a way that does not abuse the constitution? As institutions of higher learning, both medical and law schools have been the focus of this issue, primarily due to the intense competition among applicants for the limited number of positions available. l In addition, medical schools and law schools have been the recent targets of …

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Computer-Aided Instruction In Law: Theories, Techniques, And Trepidations, Roger C. Park, Russell Burris Jan 1978

Computer-Aided Instruction In Law: Theories, Techniques, And Trepidations, Roger C. Park, Russell Burris

Faculty Scholarship

No abstract provided.

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Survey Of Cases Decided By The Fifth Circuit Court Of Appeals: Introduction, Frank W. Elliott Jan 1978

Survey Of Cases Decided By The Fifth Circuit Court Of Appeals: Introduction, Frank W. Elliott

Faculty Scholarship

This symposium includes scholarly analyses of fresh, important cases decided by the Fifth Circuit during the past year. It also includes a scholarly analysis of problems and possible solutions for the Circuit's overcrowded conditions. We can only hope that it will not only contribute to the better functioning of its readers as lawyers, but also to a better solution of the problems of judicial administration within the Circuit.

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The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii Jan 1978

The Recurring Question Of The Limited Constitutional Convention, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

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More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst Jan 1978

More On Regulation: A Reply To Stephen Weiner, Clark C. Havighurst

Faculty Scholarship

In Volume 3, Number 3 of this journal, Professor Havighurst* wrote a brief Comment in which he observed that the function of health care cost-containment regulation is the rationing of health care resources, and argued that the fostering of health care consumers' and providers' free choice in the competitive marketplace is preferable to conventional cost-containment regulation as a mechanism for such rationing. He briefly outlined various reforms, including changes in federal tax treatment of health insurance premiums, aimed at implementing his ap- proach. Subsequently, in a Comment in Volume 4, Number 1, Stephen M.Weiner, then Chairman of the Massachusetts Rate …

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Antitrust Issues In The Regulation Of College Sports, John C. Weistart Jan 1978

Antitrust Issues In The Regulation Of College Sports, John C. Weistart

Faculty Scholarship

No abstract provided.

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East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski Jan 1978

East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

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Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski Jan 1978

Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

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Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti Jan 1978

Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti

Faculty Scholarship

No abstract provided.

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Principles, Positivism, And Legal Theory, David B. Lyons Dec 1977

Principles, Positivism, And Legal Theory, David B. Lyons

Faculty Scholarship

A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …

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The Rights Of The Employee As Patient, Frances H. Miller Dec 1977

The Rights Of The Employee As Patient, Frances H. Miller

Faculty Scholarship

No abstract provided.

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