Digital Commons Network^™

The Use Of Racial Statistics In Fair Housing Cases, David S. Bogen, Richard V. Falcon

Faculty Scholarship

No abstract provided.

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.

Occupational Diseases Under Workmen’S Compensation Laws, Arthur Larson

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 …

Mining Claims On Public Lands: A Study Of Interior Department Procedures, Peter L. Strauss

Faculty Scholarship

The Department of the Interior's disposition of mining claims on public lands, largely unknown to lawyers outside the West, is a significant field of federal administrative activity and an important element in planning rational use of the public lands. While energy minerals found under public lands typically pass by lease and common varieties such as sand and gravel are subject to sale, most other mineral deposits on federal property are claimed for possible exploitation by the mining claim, or "location."

The location system arose out of miners' custom, at a time when the federal lands were vacant and no federal …

Institutional Change And The Quasi-Invisible Hand, Victor P. Goldberg

Faculty Scholarship

The fundamental principle of economics is that people will pursue their own self-interest within a given institutional framework. The economist's basic policy premise is that (so long as certain "market failures" do not arise) this self-interest will, like an Invisible Hand, guide resources to their proper usage; when market failures arise the usual policy prescription is to amend the rules (for example, by breaking up monopolies, placing an "optimal" tax on pollution, or redefining property rights) to make the marginal private costs and benefits equal to the marginal social costs and benefits so that the free play on self-interest will …

Mr. Justice Douglas, Michael I. Sovern

Faculty Scholarship

The American people are always interested in record-breakers, whether it be in the field of sports, politics, economics or any other phase of American life. In sports, it might be a Babe Ruth or a Hank Aaron; in politics, a Lincoln or a Roosevelt; in economics, a Rockefeller or a Ford.

And so it is in the judiciary, whether it be a Marshall, Hughes, Holmes or Brandeis. Most of their records in some respects are related to longevity, but the thrust of our admiration stems not from that fact but from some great contribution to the affairs of their day. …

2-1-1: The 4th Revolution In Legal Education, Michael I. Sovern

Faculty Scholarship

If we were to count the great changes in legal education from Charles Evans Hughes' day to this, we would find ourselves with a short list. The shift from apprenticeship to school was already well begun by the time Mr. Hughes was graduated from the Columbia School of Law in 1884. The case method was a new idea, but it would become the orthodox methodology in a startlingly short time. By the turn of the century, a number of law schools had moved from two- to three-year programs, but two years was still enough for admission to the bar in …

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.

"Uncle Sam", The Product Safety Man: Consumer Product Safety Standards In The Marketplace And In The Courts, Marsha N. Cohen, James A. Brodsky

Faculty Scholarship

No abstract provided.

The Status Of Women In Israel - Myth And Reality, Pnina Lahav

Faculty Scholarship

The issue of women's rights has been subjected to reexamination and redefinition in recent years. The legal structure relevant to this issue, so clearly intertwined with traditional values and historical prejudices, is increasingly studied in an attempt to find ways to achieve equality of the sexes in our lifetime. In this context, cross-cultural study of diverse societies and legal systems can make a vital contribution. A step forward in this direction was taken in the fall 1972 issue of this journal, in a symposium on the status of women. Among others, the Israeli legal system was discussed by Plea Albeck, …

Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Participants in the psychosurgery controversy generally espouse one of three competing points of view. First, there are the surgeons who argue that psychosurgical procedures have developed beyond the experimental stage to the point where they may be considered therapeutic for certain types of patients. Second, there are those who support further research in the area in the hope of developing genuinely therapeutic procedures, but who recognize the importance of safeguarding against potential abuses in the course of this development. Finally, there are the anti-psychosurgeons, who argue for the total prohibition of psychosurgery on ethical, spiritual, or political grounds independent of …

Beyond The Best Interests Of The Child, Joanna B. Strauss, Peter Strauss

Faculty Scholarship

Identifying just principles for minimizing and resolving disputes over child custody remains one of the law's knots. King Solomon's renowned gambit for resolving the claims of two women to a newborn child was in fact the easy case: only one of the two contenders had a just claim; only one of the two contenders was prepared to be responsible; and in that first of reported cases, the judge had the advantage of surprise. Yet where each potential custodian has a claim, where each is equally prepared (or unprepared) to sacrifice his interests for the child, and where the rules of …

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 …

Abusive Debt Collection – A Model Statute For Virginia, Robert E. Scott, Diane M. Strickland

Faculty Scholarship

Among the many by-products of the phenomenal growth of consumer credit in the last two decades has been the attempt on the part of existing legal institutions to grapple with the problem of coercive debt collection. The existence of the problem is no longer disputed, and the nature and extent of the abuse surrounding debt collection practices has been the subject of voluminous commentary. Given the dynamics of the competing interests involved when a creditor attempts to collect a just debt which the debtor is unable to pay, an essential conflict requiring regulated resolution becomes apparent. Unfortunately, the problem is …

Drug Control In Iran: A Legal And Historical Analysis, Thomas Quinn

Faculty Scholarship

No abstract provided.

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.

Intoxication As A Defense In Workmen’S Compensation, 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.

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

Faculty Scholarship

No abstract provided.

Volunteering Children: Parental Commitment Of Minors To Mental Institutions, James W. Ellis

Faculty Scholarship

In most states,' parents may commit their children to mental institutions without a hearing or any other form of judicial scrutiny. If a parent wants a child committed, and a hospital will accept the child as a patient, no legal authority will hear the child's protest. Moreover, the child-patient has no standing to petition for release from the institution until he or she reaches the statutory age of majority. Until that time any request for discharge must be made by the parent. Thus, the minor admitted to a mental hospital on application of a parent is denied access to virtually …

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.

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 Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.

Exchange Control, Liberalization, And Economic Development, Jagdish N. Bhagwati, Anne O. Krueger

Faculty Scholarship

This paper highlights results of the National Bureau of Economic Research's (NBER) research project on exchange control, liberalization and economic development from 1970-1973. Initial adoption of exchange controls was generally an ad hoc response to external events. The optimal resource allocation dictum – that the marginal cost of earning foreign exchange should be equated with the marginal cost of saving foreign exchange – was generally abandoned in favor of saving foreign exchange at all costs. An export-oriented development strategy generally entails relatively greater use of indirect, rather than direct, interventions. There is considerable evidence from the individual country studies that …

On Privacy: Constitutional Protection For Personal Liberty, Susan Herman, L. Simonson

Faculty Scholarship

No abstract provided.

Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Part Ii: Procedural Law - Evidence (1973), Frank W. Elliott

Faculty Scholarship

During the past year the cases of greatest significance in the law of evidence seem to fall under the general classification of hearsay. Each of the cases selected for examination considers several exceptions to the hearsay rule.