Digital Commons Network^™

The Burger Court And "Our Federalism", Henry Paul Monaghan

Faculty Scholarship

Dicey derided federal government as "weak government;" others have found genius lurking in its institutional arrangements. But most students, as Professor S. R. Davis's illuminating little book makes clear, have considerable difficulty in identifying what federal government is, whether the concept is approached analytically, legally, descriptively or normatively. American lawyers are not inclined to pursue such inquiries too far. For, like Justice Black, they are concerned only with "Our Federalism" and, like Justice Stewart and obscenity, they know it when they see it. Moreover, American lawyers have, in large measure, confined their attention to one specific component of "Our Federalism;" …

Constitutional Fate, Philip Chase Bobbitt

Faculty Scholarship

The Mary Ireland Graves Dougherty Lectures in Constitutional Law were established in 1979 at the University of Texas School of Law in the memory of Mrs. Dougherty by her family. Professor Bobbitt delivered the inaugural series of these lectures on three evenings in April 1979. Of those in attendance, only Professor Bobbitt's students, who had witnessed the evolution of his ideas during that year, and a few colleagues with whom he must have shared his thoughts, could have expected what followed on those spring evenings in Austin. His subject was "the question of judicial review." So stated, the subject hardly …

E. Wayne Thode - 1920-1980, Frank W. Elliott

Faculty Scholarship

Wayne Thode made equal contributions to the development of law students. He was loved and admired by all the students with whom he came into contact and particularly those during his short stay at Texas Tech.

Manifest Criminality, Criminal Intent, And The Metamorphosis Of Lloyd Weinreb, George P. Fletcher

Faculty Scholarship

My colleague has had a revelation. Professor Lloyd Weinreb's views about larceny have undergone a striking transformation in the last six months. As recently as May 1980, when he completed the preface to the third edition of his criminal law casebook, he held one set of views about The Carrier's Case and The King v. Pear. In the article published in this issue, he advances a different set of views about the two cases he regards as so important. He gives us no hint about how or why he underwent his change of heart. His transformation warrants our attention, …

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

Democracy And Distrust: A Theory Of Judicial Review, Gerard E. Lynch

Faculty Scholarship

John Hart Ely's Democracy and Distrust is an ambitious attempt to create a new theory of judicial review, breaking away from both "interpretivism" and "noninterpretivism" – a division Professor Ely regards as a "false dichotomy" (p. vii). The book is brilliant and provocative, so much so that one fears less that its faults will be obscured – there is little danger that polemic critics will fail to pounce on them – than that the flash of Professor Ely's reasoning and the controversy it generates will distract us from the genuine importance of the insight that powers his analysis.

Revenue Seeking: A Generalization Of The Theory Of Tariffs, Jagdish N. Bhagwati, T.N. Srinivasan

Faculty Scholarship

The theory of commercial policy has recently addressed three phenomena: (i) tariff (quota) seeking or lobbying by potential beneficiaries for the imposition of a tariff (quota), (ii) tariff (quota) evasion, and (iii) rent seeking or lobbying for getting an allocation of the import quota to earn the rents generated. Revenue seeking or lobbying to secure a share in the disposition of the tariff revenues is analyzed here. It is shown that revenue seeking may, even for a small country, result in a reduction in importable output. Furthermore, revenue seeking may be welfare improving. Rent seeking may be welfare improving as …

Retaliation Or Arbitration – Or Both: The 1978 United States-France Aviation Dispute, Lori Fisler Damrosch

Faculty Scholarship

It began as a very small dispute. Pan American World Airways planned to introduce a service from San Francisco to Paris with a stop in London, using a Boeing 747 aircraft from San Francisco to London and a smaller Boeing 727 aircraft from London to Paris. The change to a smaller plane would have enabled the most efficient and economic use of Pan Am's fleet. In aviation as in railroad terminology, a change along a route to equipment of a different size is called a "change of gauge."

In accordance with French law, Pan Am filed a schedule on February …

Study Of The Reaction P↑P→∆⁺⁺ At 6 Gev/C With Polarized Beam, R. L. Eisner, William J. Fickinger, J. A. Malko, D. K. Robinson, V. A. Sreedhar

Faculty Scholarship

We have studied the reaction p↑p→nΔ++ at 6 GeV/c incident momentum in which the incident protons are 60% transversely polarized. The experiment used the Argonne National Laboratory Zero Gradient Synchrotron polarized beam and the 12-foot hydrogen bubble chamber. We report on about 6000 Δ++ events, with the Δ++ produced in the backward hemisphere in the c.m. system. Spin-density matrix elements as a function of momentum transfer are presented and small beam-polarization-induced effects are described.

Multistate Conflict-Of-Law Rules: Continuing The Dialogue With Professors Trautman And Sedler, Aaron Twerski, R. Mayer

Faculty Scholarship

No abstract provided.

Molecular Dynamics Of Shock Waves In One-Dimensional Chains. Ii. Thermalization, Rolfe G. Petschek

Faculty Scholarship

The thermalization behavior behind a shock front in one-dimensional chains has been studied in a series of molecular-dynamics computer experiments. We have found that a shock wave generated in a chain initially at finite temperature has essentially the same characteristics as in a chain initially at zero temperature. We also find that the final velocity distribution function for particles behind the shock front is not the Maxwell-Boltzmann distribution for an equilibrium system of classical particles. For times long after the shock has passed, we propose a nonequilibrium velocity distribution which is based upon behavior in the harmonic and hard-rod limits …

Negligent Samaritans Are No Good, George J. Annas

Faculty Scholarship

In the lead article attorney Miles Zaremski argues that ambiguities in good samaritan statutes have made them ineffective, and suggests that they be appropriately amended and clarified. This is one possible approach. However, after almost two decades of experimenting with this type of immunity legislation, an experiment which Zaremski seems to indicate has failed, it is worth considering at least two other alternatives: (I) repeal all good samaritan statutes; or (2) amend them to require health care professionals to stop and render emergency aid (the stated goal of good samaritan statutes).

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Effect Of Critical Slowdown On Nuclear Magnetic Resonance In Solids Near A Second-Order Structural Transition, Rolfe G. Petschek

Faculty Scholarship

We have analyzed the critical behavior of nuclear spin-relaxation rates in several cases, where the relaxation rate remains finite but its temperature derivative is expected to diverge at Tc. We find that the temperature derivative of the relaxation rate contains two divergent terms, one which behaves like the specific heat, and one whose divergence is given by naive dynamic scaling arguments and depends on the form of the coupling terms of the order parameter.

Ambivalent Reflections On Regulation, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

The Courts, Congress, And Educational Adequacy: The Equal Protection Predicament, Betsy Levin

Faculty Scholarship

No abstract provided.

The Midstream Incorporation Of A Cash-Basis Taxpayer: An Update, Robert I. Keller

Faculty Scholarship

No abstract provided.

Balancing Freedom Of Speech, David S. Bogen

Faculty Scholarship

No abstract provided.

Standing Up For Flast: Taxpayer And Citizen Standing To Raise Constitutional Issues, David S. Bogen

Faculty Scholarship

No abstract provided.

One Year's Environmental Litigation: 1977-78, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Chesapeake Bay Oysters: Legal Theses On Exotic Species, Garrett Power, Thomas B. Lewis

Faculty Scholarship

No abstract provided.

Limited Publication In The Fourth And Sixth Circuits, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Federal Courts & Federal Rights, Gordon G. Young

Faculty Scholarship

No abstract provided.

Toward A Pragmatic Solution Of Choice-Of-Law Problems: At The Interface Of Substance And Procedure, Aaron Twerski, R. G. Mayer

Faculty Scholarship

No abstract provided.

Women In Law School Teaching: Problems And Progress, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Annual Report Of The Electric Power Committee, J. David Prince

Faculty Scholarship

This is the annual report of the Electric Power Committee for 1979. It reports on legislative and judicial developments, and issues relevant to the Electric Power Committee. This report is in four parts. Part I reviews the extensive developments during 1978 under the federal air and water pollution laws. Part II briefly considers other federal developments of significance to the electric power industry. Part III is an update of last year's review of developments concerning solar energy. Part IV consists of the 1978 reports from selected states.

Discrimination As A Field Of Law, Arthur Larson

Faculty Scholarship

No abstract provided.

Should Federal Appellate Judges Help Select Their Colleagues?, Peter G. Fish

Faculty Scholarship

No abstract provided.

The Recurring Question Of The “Limited” Constitutional Convention, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Merit Selection And Politics: Choosing A Judge Of The United States Court Of Appeals For The Fourth Circuit, Peter G. Fish

Faculty Scholarship

With lightning rapidity the Senate confirmed on August 11, 1978, President Carter's July 20th nomination of J. Dickson Phillips as Judge of the United States Court of Appeals for the Fourth Circuit.