Digital Commons Network^™

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

Changing Directions At Columbia, Michael I. Sovern

Faculty Scholarship

Each period in history handles reform in its own way. In the earlier days we placed a heavy emphasis on legal realism. We stressed the need to adapt the learning of other disciplines to legal education and to bring the learning of other disciplines into the law school instructional program. As you know, that is an incomplete revolution. It remains a part of our present concern, but our focus today is different.

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 …

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

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, …

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

An Obvious Wrong Does Not Make A Right: Manufacturers’ Liability For Patently Dangerous Products, Patricia Marschall

Faculty Scholarship

No abstract provided.

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 Suicide Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas

Faculty Scholarship

As recently as the turn of the century a random patient meeting a random physician had less than a 50:50 chance of benefiting from the encounter. Physicians were just beginning to emerge from the era when they were essentially tradesmen, often with little more to offer their patients than comfort and company during illness and death. The principal causes of mortality were the infectious diseases against which the medical community stood impotent. There were few medical schools, few diagnostic tests, no specific treatment of disease, and no specialization of physicians. In the words of former AMA president Dwight L. Wilbur, …

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 …

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

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 …

The Response Of Federal Legislation To Historic Preservation, Oscar S. Gray

Faculty Scholarship

No abstract provided.

The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Social Control Of Science And Technology, Michael S. Baram

Faculty Scholarship

Science and technology increasingly work changes in the complex matrix of society. These changes pervade our ecological systems and our physical and psychic health. Less perceptibly, they pervade our culture, our values, and our value based institutions such as the law. In turn, our values and institutions shape the progress and utilization of science and technology.

As we know, science and technology have provided society with enormous material benefits and a higher standard of living and health. But we now realize that this process has been accompanied by alarming rates of resource consumption and many new hazards to ecological systems …

Trustees Power: The Power To Sell Includes The Power To Option, Michael H. Dessent

Faculty Scholarship

No abstract provided.

A Contextual Approach To Disobedience, Kent Greenawalt

Faculty Scholarship

Edmund Burke once noted that the rebelliousness of colonial America was largely a consequence of the size and prominence of the legal profession, under whose influence the people "snuff the approach of tyranny in every tainted breeze." Today, however, most members of the legal profession take a much dimmer view of civil disobedience, although some do acknowledge its justification in special circumstances. Few who write on the subject recognize that in making judgments about the morality of disobedient acts the lawyer's perspective is limited.

Disputes over whether an illegal action is morally justified in a particular instance can be conceptually …

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.

Computers And Federal Regulation, John D. Leshy, Calvin Davison, Stephen L. Babcock

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

The Treatment Of Confidential Information By The Federal Trade Commission: Pretrial Practices, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Federal Air Pollution Program, Leo M. Romero

Faculty Scholarship

An awareness of the awesome threat-both to our health and to our economy-posed by a polluted atmosphere has long been widespread. Only recently, however, has concern been translated into conduct on the part of those whose initiative is essential if we are to meet one of the most technical challenges of our industrial society.

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.

Ethical Issues In Biological Engineering, Martin P. Golding

Faculty Scholarship

In this article I shall discuss some of the ethical issues that arise in connection with social programs of biological engineering. My treatment falls, roughly, into two parts. After presenting some preliminary background and discussing the limitations of this paper, I turn to certain general questions about social programs and our obligations to the future in sections II through IV. I then pass on to specific considerations of programs of biological engineering in sections V through VII, although there are allusions to them in earlier sections. In both parts, some issues are gone into detail, while others are merely brought …

Constitutionality Of Subdivision Control Exactions The Quest For A Rationale, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.