Digital Commons Network^™

Judicial Power, The “Political Question Doctrine,” And Foreign Relations, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

Workmen’S Compensation Employer’S Independent Action Against Third Party, Arthur Larson

Faculty Scholarship

No abstract provided.

Competing State And Federal Roles In Consumer Credit Law , Carl Felsenfeld

Faculty Scholarship

An important problem confronting those in the consumer credit industry is the absence of a cohesive body of law. This impairs creditors of all types and also results in unequal treatment of consumers. In a comprehensive study Mfr. Felsenfeld analyzes the evolution from purely state regulation of consumer credit to a combination of state and federal control. The author suggests that, despite certain merits of local regulation, the consumer credit area may well be preempted by future federal legislation.

The Disadvantaged Student And Preparation For Legal Education: The New York University Experience, Peter A. Winograd, Hughes Graham, Robert B. Mckay

Faculty Scholarship

The law school commitment to enroll more minority students is a decision which can have many and varied ramifications for the law school as an institution. Minority students will bring new perspectives, different needs a total outlook on life and law potentially at variance with that of the majority culture in which most law school faculties and students have been educated. The resulting challenge to accepted norms can be met by the law schools in many ways--it can be ignored, creating frustration and anger, or it can be utilized creatively, expanding the horizons of the law school to include hitherto …

Law Reforming In The Anti-Poverty Effort, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Securing Courtroom Decorum, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

The Governor's Private Eyes, Tamar Frankel

Faculty Scholarship

In his inaugural speech on January 3, 1967, Florida Governor Claude Kirk declared a War on Crime. For this purpose he announced the creation of a unique War on Crime Program. Its activities were to include a Citizen's Awareness Program, but its main function was directed to the investigation of crimes. As the Program's director, the Governor appointed Mr. George Wackenhut, the president of the Wackenhut Corporation, a large private investigation firm. Mr. Wackenhut agreed to provide his services for one dollar a year; his corporation was simultaneously retained to supply the Program with the necessary administrative facilities and investigative …

Law And Communist Reality In The Soviet Union, Charles S. Maddock, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

The "Control" Test For Limited Partnerships, Alan L. Feld

Faculty Scholarship

Under the Uniform Limited Partnership Act, a limited partner may become generally liable if "in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business." Although the Act is now over fifty years old, no satisfactory standard of "control" has been enunciated, and no definition of the "rights and powers" of a limited partner has been forthcoming. Mr. Feld examines the ambiguities in the statutory language and the dilemma in which they place counsel seeking to advise his clients, and concludes that the Act is due for an …

Legal Aid—A Proposal, A. Kenneth Pye, George C. Cochran

Faculty Scholarship

No abstract provided.

Citizens, Police, And Polarization: Are Perceptions More Important Than Facts?, Robert J. Condlin

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.

Domestic Distortions, Tariffs, And The Theory Of Optimum Subsidy: Some Further Results, Jagdish N. Bhagwati, V.K. Ramaswami, T.N. Srinivasan

Faculty Scholarship

Bhagwati and Ramaswami (1963) showed that if there is a distortion, the Paretian first-best policy is to intervene with a tax (subsidy) at the point at which the distortion occurs. Hence a domestic tax-cum-subsidy with respect to production would be first-best optimal when there was a domestic distortion (defined as the divergence between domestic prices and the marginal rate of transformation in domestic production) just as a tariff policy would be first-best optimal under monopoly power in trade (which involves a foreign distortion). An important corollary, for the case of a distortionary wage differential, is that while a tax-cum-subsidy policy …

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Contributions To Indian Economic Analysis: A Survey, Jagdish N. Bhagwati, Sukhamoy Chakravarty

Faculty Scholarship

Any survey of contributions to economic analysis in India, even though confined to the post-war years and to issues arising from domestic economic events and policy, runs into exceptional difficulties. Not only has practically every conceivable problem been raised and discussed by economists, in a country where interest in economic issues dates back at least to the latter half of the 19th century; but there have also been numerous committees and commissions whose report have led to a voluminous literature.

Ruthless selectivity has thus been inevitable. We have generally focussed, in this survey, on contributions which meet the following criteria: …

The Attorney-Corporate Client Privilege, Harmar Brereton, A. Kenneth Pye, James R. Withrow Jr.

Faculty Scholarship

No abstract provided.

The Community Development Corporation, Robert J. Desiderio, Raymond G. Sanchez

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.

Tax Treatment Of Covenants Not To Compete, Michael Madison

Faculty Scholarship

No abstract provided.

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The New Law Of Race Relations, Arthur Larson

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

Lawyers At Lineups: Constitutional Necessity Or Avoidable Extravagance?, Frank T. Read

Faculty Scholarship

No abstract provided.

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Control Distribution Devices, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.