Digital Commons Network^™

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

The Competency Of Children And Adolescents To Make Informed Treatment Decisions, Lois A. Weithorn, Susan B. Campbell

Faculty Scholarship

No abstract provided.

Techniques For Identifying And Narrowing Issues In Antitrust Cases, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Jury Instructions: We Can Do Better, William W. Schwarzer

Faculty Scholarship

No abstract provided.

Reflections On Contract Law And Distributive Justice: A Reply To Kronman, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Future Of Tenants' Rights In Assisted Housing Under A Reagan Voucher Plan: An Analysis Of Section 8 Existing Housing Cases, Joan C. Williams

Faculty Scholarship

No abstract provided.

Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

In Memoriam: Mathew O. Tobriner, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Arguing The Law: The Advocate's Duty And Opportunity, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Suing Foreign Sovereigns: A Procedural Compass, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Irrigation Districts In A Changing West–An Overview, John D. Leshy

Faculty Scholarship

No abstract provided.

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

In Defense Of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

Trustees Of Self-Interest?, Pnina Lahav

Faculty Scholarship

Unconventional approaches to frequently addressed issues can be particularly illuminating, and John Lofton's discussion of the press and the first amendment takes a decidedly unconventional tack. Rather than focusing on the theme of governmental suppression of speech, Lofton attempts to highlight another angle: the reaction of the press to both political dissent and the official suppression of that dissent from the colonial period to the present day. His purpose, he notes, is "to examine how the American press has performed when confronted with the application of the amendment to practical events."

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

Appreciation Under The Casualty Loss, Alan L. Feld

Faculty Scholarship

According to the author, who asserts that the regulations allow an overly generous casualty loss deduction for partial losses on appreciated property, untaxed gain in the form of unrealized appreciation should be taken into account when determining a partial loss.

Open Transaction Treatment For Deferred Payment Sales After The Installment Sales Act Of 1980, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Delimiting Religion And Ethics, Robert L. Schwartz

Faculty Scholarship

The author argues that people need to make a distinction between religious belief and logical ethics.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.

Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young

Faculty Scholarship

No abstract provided.

An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

State Taxation Of Natural Resource Extraction And The Commerce Clause: Federalism's Modern Frontier, Michael B. Browde, Charles T. Dumars

Faculty Scholarship

The formalistic delineation of the commerce clause in the pre-New Deal era gave way to the modern balancing approach largely because the earlier formalism did not adequately resolve the more difficult commerce clause questions created by the growing complexities of modern society. The irrelevance of the Heisler severance-precedes-commerce analysis to the modern problems that surround our national energy policy is a classic example of the failure of the old devices. Issues that were well settled on the legitimate-state-control side of the ledger in the 1920's have shifted to the national-interest side of the ledger today. As energy development assumes greater …

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Teaching Physicians And Lawyers To Understand Each Other: The Development Of A Law And Medicine Clinic, Robert L. Schwartz

Faculty Scholarship

The discomfort doctors and lawyers feel with one another is not a consequence of the perceived medical malpractice crisis or any other single area of substantive disagreement. Rather, it is a reflection of the different epistemologies of the professions. The truth seeking activities of the two professions are very different, and these differences are reflected in the widely divergent professional educations provided to medical and law students. Much of the animosity which has developed between doctors and lawyers could be avoided, and members of each profession could have a much better understanding of the substance and analytic methods of the …

Physicians And Lawyers: Science, Art, And Conflict, Robert L. Schwartz, Joan M. Gibson

Faculty Scholarship

The relations between physicians and lawyers have deteriorated rapidly over the past several decades, most particularly since the early 70s when the perception that a medical malpractice crisis existed in America became widespread. Some believe that the factors dividing the two professions . are linked (1) to professional jealousy, (2) to sometimes conflicting economic interests, or (3) to difficulties in communication, since both professions use many of the same words, or terms of art, but with different intended meanings. While the authors agree that these factors may have aggravated the problem, they believe that the conflict's real roots are in …

The Regime Of Diplomacy And The Tehran Hostages, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The Cleveland Housing Court Act: New Answer To An Old Problem, Frederic P. White

Faculty Scholarship

The operations of the Cleveland Municipal housing court commenced April 2, 1980. The Housing Court, a division of the Cleveland Municipal Court system, was established to resolve all housing-related disputes. While considered by some as a welcome solution to overcrowded court dockets, others view it as simply another unnecessary cog in an already overburdened bureaucratic wheel. Close examination indicates, however, that there is a serious question as to whether this specialized judicial division is in fact meeting its intended purpose.

This Article will critically examine the Housing Court's historical setting, constitutional foundation and jurisdictional powers. In addition, comparison with systems …

Linguistic Legislation And Transnational Commercial Activity: France & Belgium, Thomas E. Carbonneau

Faculty Scholarship

For French and francophonic people, the continued vitality of their linguistic heritage is an integral part of their sense of national identity and cultural cohesiveness. The truth of this statement has been corroborated recently by legislative enactments in France and in Belgium which prescribe and/or recommend the use of French in certain private commercial and governmental activity taking place within these countries. This legislation represents an attempt to provide a partial remedy to what has been perceived generally as the syntactical and lexical "contamination" of the French language resulting from the dominance of English or, more precisely, American English, in …