Digital Commons Network^™

Neumeier V. Kuehner: Where Are The Emperor's Clothes?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Law School Admissions: A Different View, Peter A. Winograd

Faculty Scholarship

Contrary to the impression that may have been created by some recent articles, most law schools do not conduct their admissions procedure "by the numbers." Critics of law school admissions practices cite statistics that can be misleading and tend to inflate the number of law school applicants. The solution to the "admissions crisis" may be to spread the applicants over more schools.

Revenue Sharing—New American Revolution Or Trojan Horse?, Otto G. Stolz

Faculty Scholarship

No abstract provided.

Foreign And International Law Collections In Selected Law Libraries Of The United States: Survey 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.

Public Opinion And The Death Penalty, Neil Vidmar, Phoebe Ellsworth

Faculty Scholarship

No abstract provided.

The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora

Faculty Scholarship

No abstract provided.

The Suicide Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Professor Milton Handler, Michael I. Sovern

Faculty Scholarship

Milton Handler taught his first class at Columbia four years before I was born. Because of my parents' tardiness, he was beginning his twenty-sixth year on the Faculty by the time I was old enough to register for his course in Trade Regulation in the fall of 1953. I have been an admirer of Milton Handler ever since.

It has been my good fortune to know him in many ways. As a teacher, he was truly extraordinary – a penetrating analyst, a builder of grand syntheses, a master of the Socratic method. Though his courses were usually electives, most of …

Taxation Of Unrealized Gains At Death – An Evaluation Of The Current Proposals, Michael J. Graetz

Faculty Scholarship

The failure to tax the appreciation of capital assets transferred at death has been described as the major shortcoming of existing federal income tax laws. From time to time since 1942, the Department of the Treasury and others have urged alteration of the rule which underlies this failure. Recently the House Ways and Means Committee held panel discussions and public hearings on the subject of tax reform during which consideration was given to the possibility of changing the laws dealing with taxation of appreciated property at death. In its recommendations to the Committee, the Treasury Department did not push for …

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.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Financing The American Dream: Equality And School Taxes, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Constitutional Adjudication: The Who And When, Henry Paul Monaghan

Faculty Scholarship

When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …

President Nixon: Toughing It Out With The Law, William W. Van Alstyne

Faculty Scholarship

This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Protecting The Buyer Of Previously Encumbered Goods: Another Plea For Revision Of Ucc Section 9-307(I), Charles L. Knapp

Faculty Scholarship

No abstract provided.

Presumption That Estate Income Is Allocated Among Multiple Beneficiaries In Proportion To Their Receipt Of Total Distributions Given Conclusive Rather Than Rebuttable Effect, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The Past As Prologue: A History Of The Right To Repossess, James R. Mccall

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Contractual Aspects Of Malpractice, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Attorney's Securities Law Liabilities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson

Faculty Scholarship

No abstract provided.

Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht

Faculty Scholarship

Rockefeller Plaza, Madison Square Garden, the Pan Am Building, the Waldorf-Astoria, the New York Hilton, the Washbridge apartment development, and numerous cooperative residential, and office buildings are modem monuments to the vitality, flexibility, and utility of the long term ground lease. The long term ground lease is primarily an urban financing and investment vehicle that enables a lessor to convey land or air rights to a lessee who undertakes to develop the property through new construction or substantial improvements. As such, this device comprises relationships that embrace the criteria of time and function. In terms of time, common usage in …

Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen

Faculty Scholarship

No abstract provided.

Logic And Coercion In Bentham's Theory Of Law, David B. Lyons

Faculty Scholarship

Unlike conventional moral standards and other social rules, laws can be deliberately laid down and changed by specified procedures. It therefore seems reasonable to think of laws as issuing from or adopted by lawmakers who are ordinary human beings. Since laws tell us what must or must not be done, and since there is some temptation to understand all laws on the same pattern, it is natural to think of them as either commands or prohibitions. This is indeed a traditional view.

The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen

Faculty Scholarship

No abstract provided.

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.

Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent

Faculty Scholarship

No abstract provided.