Digital Commons Network^™

Freedom Of The Press And Public Access: Toward A Theory Of Partial Regulation Of The Mass Media, Lee C. Bollinger

Faculty Scholarship

During the past half century there have existed in this country two opposing constitutional traditions regarding the press. On the one hand, the Supreme Court has accorded the print media virtually complete constitutional protection from attempts by government to impose affirmative controls such as access regulation. On the other hand, the Court has held affirmative regulation of the broadcast media to be constitutionally permissible, and has even suggested that it may be constitutionally compelled. In interpreting the first amendment, the Court in one context has insisted on the historical right of the editor to be free from government scrutiny, but …

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Faculty Scholarship

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …

International Trade And Finance, Jagdish N. Bhagwati

Faculty Scholarship

Professor Tinbergen must hold a record in the number of Festschriften that have been written for him. His students and colleagues have reprinted his essays, as an interesting variation on the usual form of felicitation; and a volume of essays was presented by Bos in 1969. Now, Willy Sellekaerts has produced three volumes towards the same end! In a world of increasing output and diminishing time to read it, it is doubtful whether this Wicksellian phenomenon of exploding Festschriften for a single scientist should be applauded, regarded with amusement, or deplored! Does not the law of diminishing marginal utility apply …

Pooling Agreements Under The New California General Corporation Law, William K.S. Wang

Faculty Scholarship

No abstract provided.

Juris: Legal Information In The Department Of Justice, James E. Hambleton

Faculty Scholarship

JURIS is the computerized legal information system being developed by the Department of Justice for use by its attorneys. The system has been devised not only to help in statutory and case law research, but to provide access to memoranda, briefs, and other work products generated in daily departmental activity. From modest beginnings, JURIS has grown in use and in data-base capabilities. JURIS search strategy, which involves building up sets of data into a search "tree" has proven to be effective for its users. After a year-long evaluation project was completed in May 1975, the results indicated enough user acceptance …

Class Actions, Richard Briffault

Faculty Scholarship

In 1966, the Supreme Court promulgated an amended rule 23 of the Federal Rules of Civil Procedure, replacing a rule that had remained unchanged since 1938. The 1938 rule, which was understood to reflect Professor Moore's famous distinctions among "true," "hybrid," and "spurious" class suits, proved to be a source of confusion almost from its date of promulgation, and by i966 courts were having great difficulty applying the concepts of joint and several rights the rule relied upon to define cases appropriate for class treatment. Commentators ignored the terms of the rule and sought justification for conclusive adjudication of absentee …

The Effect Of The Adoption Of Comparative Negligence On California Community Property Law: Has Imputed Negligence Been Revived?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton

Faculty Scholarship

The OMVS (l'Organisation Pour la Mise en Valeur du Fleuve Senegal) is a unique exception to this assessment. The three West African governments of Mali, Mauretania, and Senegal (the "Member States") are engaged in an experiment in international organization that is not only following the most advanced concepts of integrated river basin development,, but which may also afford a lesson in cooperation on a broad scale. This article is intended as a description of the organizational history and structure of the OMVS and a comparison with those of other international river commissions with similar goals.

Civil Jury Trial: The Case For Reasoned Iconoclasm, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin

Faculty Scholarship

No abstract provided.

Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley

Faculty Scholarship

No abstract provided.

On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons

Faculty Scholarship

There are limits to the possible subjects of justification. Typically, it concerns human behavior and things that human intervention can affect. Failing special circumstances, it makes no sense to speak of justifying the weather. There may be other limits to the class of possible subjects for justification; for example, it is sometimes said that a thing cannot be justified unless it has been indicted, though it is not clear how this claim should be taken. For there simply may be no point in bothering to justify something that is not suspect in some way, and the relevant condition can generally …

Lewis M. Simes As Teacher, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

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 …

Disclosure Of Hidden Energy Demands: A New Challenge For Nepa, Michael B. Gerrard

Faculty Scholarship

The specialization of the American economy obscures the identity of the ultimate users of energy, even from themselves. As a result consumers remain ignorant of the amount of energy which they use, and of the efficiency of that usage. Direct personal use of energy in the United States, such as electricity and natural gas for home heating, cooking and lighting, and gasoline for private automobiles, accounts for only about one-third of national energy use. Usage by industry and government to provide for the intermediate and final goods and services, for which we as individuals ultimately pay through our purchases and …

Assessing The Distributional Effects Of Income Tax Revision: Some Lessons From Incidence Analysis, Michael J. Graetz

Faculty Scholarship

In recent years public attention to issues of tax equity has increased dramatically. The testimony in January 1969 of outgoing Secretary of the Treasury Joseph Barr that 154 individuals who had adjusted gross incomes of more than $200,000 in 1966 paid no federal income tax intensified public awareness and concern about the equity of the tax system. Tax reform has remained a central issue of public policy.

At the same time, scholars working in the tax field have refined their methods of analyzing the impact on individuals and classes of individuals of tax laws and tax changes. Theoretical advances in …

The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon

Faculty Scholarship

The eleven pioneer states that have adopted the Uniform Probate Code have amended its provisions in various ways. This Article reviews the changes made in article III, the central procedural section of the Code. The Authors analyze the import of these amendments, considering the interplay between the carefully drafted provisions of the Code and its policy of uniformly minimizing the iudicial intervention and expense involved in the administration of estates. The Authors' analysis of these first enactments should prove helpful in those states currently considering adoption of the Uniform Probate Code as well as to lawyers and the courts in …

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

Faculty Scholarship

No abstract provided.

Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Evidence, Frank W. Elliott

Faculty Scholarship

During the past year there were a number of cases of interest dealing with various aspects of the hearsay rule.

The Division Of Legal Labor In Rural Haiti, Pnina Lahav

Faculty Scholarship

This paper explores the institutional facilities available to Haitian peasants for the settlement of their disputes. More specifically, it compares the institution of the Chef de Section - the lowest administrative appointee in the Haitian countryside and the Justice of the Peace - the lowest ranking judicial institution provided by the Haitian legal system. The paper further advances the hypothesis that at the present time there is a shift in the division of labor between the two institutions, in favor of the Justice of the Peace, and that this shift may be attributed to processes of social differentiation currently detectable …

Some Regulatory Implications Of Technology Assessment, Michael S. Baram

Faculty Scholarship

To conclude this wide-ranging panel discussion, I want to briefly address two aspects of regulation which have been troublesome, and for which Technology Assessment may be particularly useful.

The first aspect, which relates to radiation and other hazardous substances in general, is the increasingly important regulatory function of forcing the development and application of appropriate control technologies on industry-normally, the development and application of devices and techniques to protect public and worker health and safety. The question becomes: Is the regulatory program appropriately forcing and guiding necessary advances in control techniques and their timely use?

Medical Malpractice Litigation Under National Health Insurance: Essential Or Expendable, George J. Annas, Barbara F. Katz, Robert G. Trakimas

Faculty Scholarship

"Medical malpractice" denotes the basis for a civil action brought by a patient against a physician for injuries resulting from negligence. The current method for compensating victims of these occurrences is primarily a fault-and-liability insurance system. The first principle of tort liability is that the party at fault pays for the damage inflicted upon an innocent victim. Whether a doctor is at fault is determined in an adversary proceeding, with both the doctor and the patient represented by counsel. The triers of fact have the task of ascertaining whether the defendant was at fault, and if so, what compensation he …

The Federal Income Tax Impact Of The Operating Function On The Choice Of Business Form: Partnership, Subchapter C Corporation, Or Subchapter S Corporation, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 3, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 4, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Uncitral Draft Convention On Carriage Of Goods By Sea, Part 1, Joseph Sweeney

Faculty Scholarship

No abstract provided.

Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick

Faculty Scholarship

Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.