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Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski Jul 1972

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

Faculty Scholarship

No abstract provided.


Attorney's Securities Law Liabilities, Roberta S. Karmel Jul 1972

Attorney's Securities Law Liabilities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson Apr 1972

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 Apr 1972

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 …


Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld Apr 1972

Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld

Faculty Scholarship

It is increasingly common to find families composed of husband, wife and young children, where both husband and wife are gainfully employed. For some, this pattern is regarded as preferable to the older "ideal" family, where the husband was the sole breadwinner and the wife cared for the children, performed household chores and perhaps engaged in social or charitable activities. Where both spouses are gainfully employed, it is often necessary for the family to employ household help to care for the children and do the housework. These expenditures are "necessary" to the gainful employment of both spouses in the sense …


Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen Mar 1972

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 Feb 1972

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 Jan 1972

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 Jan 1972

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

Faculty Scholarship

No abstract provided.


Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy Jan 1972

Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy

Faculty Scholarship

In the fall of 1971 the Supreme Court's Advisory Committee presented to the Court the Proposed Federal Rules of Evidence. The Committee failed to include a rule on impeachment by bias, interest, or prejudice. In failing to include such a rule, the Committee bypassed the opportunity to reconcile a conflict over both the content and methodology of this form of impeachment. The authors, in an attempt to show the need for a rule dealing with bias impeachment, analyze the present decisional conflict in this area. They conclude by proposing a rule designed to add some uniformity to this highly persuasive …


Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii Jan 1972

Court Finance And Unitary Budgeting, Geoffrey C. Hazard Jr., Martin B. Mcnamara, Irwin F. Sentilles Iii

Faculty Scholarship

No abstract provided.


Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin Jan 1972

Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.


The Structure Of The Securities Market–Past And Future, William K.S. Wang, Thomas A. Russo Jan 1972

The Structure Of The Securities Market–Past And Future, William K.S. Wang, Thomas A. Russo

Faculty Scholarship

No abstract provided.


Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison Jan 1972

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Faculty Scholarship

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.


Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz Jan 1972

Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz

Faculty Scholarship

Tax reform is one of those motherhood issues-everybody's for it. Election year 1972 generated many far-reaching tax reform proposals which, if enacted, would have a profound impact on virtually every segment of American society. Senator McGovern recommended taxing capital gains at the same rates as ordinary income, eliminating almost $7 billion granted to businesses by reducing the investment tax credit and depreciation allowances, and offering state and local governments a 50 percent interest subsidy to encourage them to issue taxable, rather than tax-exempt, bonds. In addition, he proposed eliminating the percentage depletion allowance and the deduction for intangible drilling expenses …


Legal Principles And The Limits Of Law, Joseph Raz Jan 1972

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 …


Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski Jan 1972

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …


Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk Jan 1972

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

Faculty Scholarship

No abstract provided.


Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent Jan 1972

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

Faculty Scholarship

No abstract provided.


Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne Jan 1972

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Scholarship

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution.


The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman Jan 1972

The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman

Faculty Scholarship

JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …


Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr. Jan 1972

Privacy Versus Parens Patriae The Role Of Police Records In The Sentencing And Surveillance Of Juveniles, John C. Coffee Jr.

Faculty Scholarship

The purpose of this article is to examine juvenile record systems maintained by police authorities. A primary thesis is that current procedures governing the creation and dissemination of such records are so severely misguided by underlying parens patriae concepts that they often result in the purposeless stigmatization of a far greater range of youths than the juvenile justice system has any justification in attempting to deal with. Indeed, increasing evidence suggests that the net effect of such record keeping is to ensure that many of the subject juveniles will mature into confirmed delinquents.


The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott Jan 1972

The Reality Of Procedural Due Process – A Study Of The Implementation Of Fair Hearing Requirements By The Welfare Caseworker, Robert E. Scott

Faculty Scholarship

The constitutional mandates of procedural due process have been more sharply defined in recent years as a result of the decision of the Supreme Court in Goldberg v. Kelly. Although the full extent of the doctrine has not yet been delimited, the core proposition seems well established that in the absence of an overriding governmental interest, procedural -due process requires that an individual be accorded notice and a hearing prior to an administrative decision that would adversely affect his ability to subsist by contemporary standards. In applying this principle to the termination of public assistance payments, the Court in …


Fairness And Utility In Tort Theory, George P. Fletcher Jan 1972

Fairness And Utility In Tort Theory, George P. Fletcher

Faculty Scholarship

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …


The New Confrontation—Hearsay Dilemma, Frank T. Read Jan 1972

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.


Changing Concepts Of Private Property, Bertel M. Sparks Jan 1972

Changing Concepts Of Private Property, Bertel M. Sparks

Faculty Scholarship

No abstract provided.


The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson Jan 1972

The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.


The Indigent's Right To A Transcript Of Record, Larry Yackle Jan 1972

The Indigent's Right To A Transcript Of Record, Larry Yackle

Faculty Scholarship

There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …


The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram Jan 1972

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …


Part Ii: Procedural Law - Evidence (1972), Frank W. Elliott Dec 1971

Part Ii: Procedural Law - Evidence (1972), Frank W. Elliott

Faculty Scholarship

Although no really significant cases on the law of evidence were decided during the past year, there were several interesting developments dealing with impeachment by prior conviction, presumptions, the names of witnesses, and considerations on motions for summary judgment.