Digital Commons Network^™

Divorce, Tax-Style, Alan L. Feld

Faculty Scholarship

In response to the "sham divorce" tactic, the IRS recently issued Revenue Ruling 76-255. The author, professor of law at Boston University School of Law, although sympathetic with the IRS's position in the Ruling, poin4s out situations where the divorce-remarriage may possibly be considered valid because of the existence of nontax effects.

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 …

First Amendment Protection For Commercial Advertising: The New Constitutional Doctrine, Thomas W. Merrill

Faculty Scholarship

Governmental regulation of commercial advertising has become a major focus of challenges to established first amendment doctrine. An increasing number of suits have raised constitutional objections to regulations of false or deceptive advertising, regulations of offensive advertising, prohibitions of commercial advertising in certain forums, prohibitions of price advertising for particular products or services, and prohibitions of all advertising for particular products or services.' Until recently, the majority of courts upheld such regulations under the Supreme Court's ruling in Valentine v. Chrestensen that "purely commercial advertising" is unprotected by the first amendment.

In the last two years the Court has subjected …

Search And Seizure Of The Media: A Statutory, Fourth Amendment And First Amendment Analysis, James S. Liebman

Faculty Scholarship

On the evening of October 10, 1974, police appeared at radio station KPFK-FM in Los Angeles with a warrant authorizing them to search the premises for a New World Liberation Front (NWLF) "communique" that took credit for a recent bombing. The officers conducted an intensive 8-hour search-combing files, listening to tapes, and looking through reporters' notes – finally concluding that the NWLF letter was not at the station. The KPFK search warrant was one of six that California law enforcement officials have executed at press offices since 1972. The circumstances surrounding the incident illustrate the rationale behind the recent development …

Standards Of Judicial Administration: Appellate Courts, Geoffrey C. Hazard Jr.

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.

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 …

Coupling, Parenting And The Presence Of Others Intimate Relationships In Communal Households, D. Kelly Weisberg, Rosabeth Moss Kanter, Dennis Jaffe

Faculty Scholarship

No abstract provided.

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.

Faculty Scholarship

As Western man approaches the last quarter of the twentieth century, he is developing the power to control the forces of nature. Few areas of human behavior have not been affected by new technologies. In health care, progress has been dramatic in such areas as the determination of prenatal genetic defects through amniocentesis, asexual reproduction through artificial insemination, the use of an artificial placenta, cloning,artifical modification of man-especially through transplantation, ' modification of human behavior through psychosurgery and chemotherapy,' and the mechanical postponement of death. No aspect of health care has escaped the impact of technology.

Comment, Geoffrey C. Hazard, Jr.

Faculty Scholarship

No abstract provided.

Commission Introduces New Standards Of Judicial Administration, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Technology Assessment And Social Control, Michael S. Baram

Faculty Scholarship

The emerging concepts of corporate responsibility and technology assessment are, to a considerable extent, responses to problems arising from technological developments and their applications by industry and government. These problems appear in the relatively discrete sectors of consumer protection and occupational safety and in the diffuse sectors of community quality of life and the national and international environments.

The Role Of The Access Doctrine In The Regulation Of The Mass Media: A Critical Review And Assessment, David L. Lange

Faculty Scholarship

No abstract provided.

Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk

Faculty Scholarship

No abstract provided.

Legal Principles And The Limits Of Law, Joseph Raz

Faculty Scholarship

Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L. A. Hart, "have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate 'country' there are legal systems which are broadly similar in structure in spite of important differences." This includes for most people the assumption that laws differ from non-legal rules and principles. There are, for example, moral rules and principles, social …

Securing Courtroom Decorum, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Selective Service: Some Certain Problems And Some Tentative Answers, Michael E. Tigar, Robert J. Zweben

Faculty Scholarship

No abstract provided.

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

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

Faculty Scholarship

No abstract provided.

The Law Schools And The Negro, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

The Organized Bar In North Carolina, Edwin C. Bryson

Faculty Scholarship

No abstract provided.

Extension Of Legal Aid Into Smaller Communities, John S. Bradway

Faculty Scholarship

No abstract provided.

A Better Mouse Trap, John S. Bradway

Faculty Scholarship

No abstract provided.

Report Of The National Law Student Conference Of Legal Education: Content On Legal Education, John Dej. Pemberton Jr.

Faculty Scholarship

No abstract provided.

Promoting Legal Aid Work, John S. Bradway

Faculty Scholarship

No abstract provided.

Publicity For Lawyers, John S. Bradway

Faculty Scholarship

No abstract provided.

Legal Standards, John S. Bradway

Faculty Scholarship

No abstract provided.