Digital Commons Network^™

The Non-Precedential Precedent - Limited Publication And No-Citation Rules In The United States Courts Of Appeals, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Illegitimacy And Veterans' Benefits Legislation, C. Christopher Brown

Faculty Scholarship

No abstract provided.

The Many Faces Of Misuse: An Inquiry Into The Emerging Doctrine Of Comparative Causation, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Quest For Educational Opportunity: Access To Legal And Medical Education In New Mexico, Leo M. Romero

Faculty Scholarship

ACCESS of minority group members to higher education is one of the burning social and legal issues of our time. The issue centers around two problems: first, how can the number of minority students in higher education be increased, and, second, can it be done in a way that does not abuse the constitution? As institutions of higher learning, both medical and law schools have been the focus of this issue, primarily due to the intense competition among applicants for the limited number of positions available. l In addition, medical schools and law schools have been the recent targets of …

The Liberty Interest Of Children: Due Process Rights And Their Application, James W. Ellis, Lee E. Teitelbaum

Faculty Scholarship

Few areas pose more difficult problems in the application of due process doctrine than does regulation of parent-child relationships. Determination of the procedural requirements for intervention by the state in the lives of children, at the request or with the agreement of parents, presents novel and troublesome constitutional questions. Special problems arise in the definition of the liberty interests of minors and in determining how much process is due given an infringement of those interests. These problems cannot be resolved by resort to the categorical assumptions of either traditional theory or "children's liberation." Close examination of the interests held by …

Introduction To Farm Labor Law, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Questioning Judicial Candidates: What Can Merit Selectors Ask?, Peter G. Fish

Faculty Scholarship

No abstract provided.

Book Reviews, Christopher H. Schroeder

Faculty Scholarship

No abstract provided.

The Implications Of ‘Resegregation’ For Judicially Imposed School Secretation Remedies, Charles T. Clotfelter

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Health Maintenance Organizations And The Health Planners, Clark C. Havighurst

Faculty Scholarship

No abstract provided.

Abolishing Diversity Jurisdiction: Positive Side Effects And Potential For Further Reforms, Thomas D. Rowe Jr.

Faculty Scholarship

The possibility of abolishing the general diversity jurisdiction of the federal courts has received increasing attention with the passage of an abolition bill by the House of Representatives in 1978. Discussion of abolition has tended to focus on such issues as the importance of reducing federal court caseloads, the appropriateness of transferring state law cases to state courts, and the extent to which prejudice against out-of-staters survives in state courts. Professor Rowe suggests that there would be several little-noticed but significant effects of abolishing diversity jurisdiction. He argues that abolition would elminate or greatly reduce some of the major difficulties …

The Möbius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Community And Separate Interests In Pension And Social Security Benefits After Marriage Of Brown And Erisa, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Socialist Legality And Uncensored Literature In The Soviet Union, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

East-West Trade Regulation In The United States (1974 Trade Act, Title Iv), Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

Equality For Individuals Or Equality For Groups: Implications Of The Supreme Court Decision In The Manhart Case, William W. Van Alstyne

Faculty Scholarship

This commentary breaks down the case of the City of Los Angeles Department of Water and Power v. Manhart and discusses what effects the Supreme Court's decision will have when Title VII is applied to university employers, particularly in their relationship with TIAA-CREF

A Preliminary Report On The Bakke Case, William W. Van Alstyne

Faculty Scholarship

This comment breaks down the variety of opinions in the Bakke case and discusses the immediate implications the decision may have on the academic community.

An Historical Perspective On The Attorney-Client Privilege, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Evolution Of The Concept Of The Rights Of The Child In The Western World, D. Kelly Weisberg

Faculty Scholarship

The General Assembly of the United Nations has proclaimed 1979 to be the International Year of the Child. It is also the twentieth anniversary of the United Nations' Declaration of the Rights of the Child. The concept of the rights of the child is of relatively recent origin. This modern notion that a child is entitled to special protection, opportunities and facilities emanates from two historical sources. First, it reflects the culmination of the evolution of the concept of childhood. Second, it springs from the development in the nineteenth and twentieth centuries of the juristic concept of the child as …

Relief From Federal Judgments: A Morass Unrelieved By A Rule, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Computer-Aided Instruction In Law: Theories, Techniques, And Trepidations, Roger C. Park, Russell Burris

Faculty Scholarship

No abstract provided.

Managing Civil Litigation: The Trial Judge's Role, William W. Schwarzer

Faculty Scholarship

No abstract provided.

The California Statutory Close Corporation: Gateway To Flexibility Or Trap For The Unwary?, William K.S. Wang

Faculty Scholarship

No abstract provided.

Requisites Of A Valid Judgment, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Vested Rights, Estoppel, And The Land Development Process, Richard B. Cunningham, David H. Kremer

Faculty Scholarship

No abstract provided.

To Herbert Wechsler With Grateful Appreciation, Michael I. Sovern

Faculty Scholarship

Though the invitation to join this symposium came to me in my official capacity, I prefer to write in personal terms. I make that choice for two reasons. First, I cannot improve on the Faculty's own affectionate resolution of appreciation, and so I am happy to embrace it as the School's official position. (I alone on the Faculty could not vote for it: only a tie gives me the franchise and, try as I might, I could not suborn any contrary votes.) Second, my feelings for Herb Wechsler owe far more to my days as his student and my years …

Function Of The Oath In The Ancient Near Eastern International Treaty, Donald Magnetti

Faculty Scholarship

No abstract provided.

Guiding Capital Sentencing Discretion Beyond The "Boiler Plate": Mental Disorder As A Mitigating Factor, James S. Liebman, Michael J. Shepard

Faculty Scholarship

In five decisions handed down on July 2, 1976, the United States Supreme Court held that the death penalty may be imposed for the crime of murder, so long as there are clear standards to guide the sentencing authority and the sanction is not imposed mandatorily. The authors examine the eighth amendment doctrinal framework used by the Court in the July 2 Cases, with particular reference to the requirement that individualized mitigating information be considered in the sentencing decision. Illustrating that requirement, they contend that mental disorder should be considered as a possibly mitigating factor and then suggest a standard …

The Constitution Goes To Harvard, Henry Paul Monaghan

Faculty Scholarship

Doctrinal disorder haunts a generation of Supreme Court decisions construing and applying the strands of the fourteenth amendment. But in a confusion contest between the Court and academic writers on constitutional law, picking a winner would be no simple task. Those of us in the academy, despite our comparatively ample time for reflection, have long resisted discussion of fundamental issues.

Professors Tribe and Michelman, two of our ablest writers, illustrate my point in their provocative recent essays on National League of Cities v. Usery. Neither purports to erect more adequate scaffolding for the decision's federalism foundation. Rather, each attempts …