Digital Commons Network^™

Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

Discretionary Justice And The Black Offender, Taunya Lovell Banks

Faculty Scholarship

No abstract provided.

The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds

Faculty Scholarship

No abstract provided.

Misrepresentation - Part I, Fleming James, Oscar S. Gray

Faculty Scholarship

No abstract provided.

Legislative Note, Metallic Mining And Reclamation In Michigan: Environmental Management As A Gentler Approach, John C. Dernbach

Faculty Scholarship

No abstract provided.

Housing And Technology: The Mobile Home Experience, Bailey Kuklin

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson

Faculty Scholarship

No abstract provided.

Conflict Of Laws In Damage Suits Related To Workmen’S Compensation Cases, Arthur Larson

Faculty Scholarship

No abstract provided.

Control Of Population Densities Surrounding Nuclear Power Plants, A. V. Nero, C. H. Schroeder, W. W.S. Yen

Faculty Scholarship

In view of the requirement that the California Energy Resources Conservation and Development Commission must specify land-use/population density control measures to be used in the vicinity of nuclear power plants being granted land use, the possible forms of such measures are examined. Since these measures must maintain population densities below Nuclear Regulatory Commission criteria, if appropriate, NRC criteria for land use and population densities are given particular attention. In addition, a preliminary comparison of the cost of possible control measures with the reduced potential for damage to the public health and safety is made, yielding the result that control measures …

The Alienation Of Law Students, Paul D. Carrington, James J. Conley

Faculty Scholarship

No abstract provided.

Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington

Faculty Scholarship

No abstract provided.

The Moral Legitimacy Of The Minimal State, George C. Christie

Faculty Scholarship

No abstract provided.

‘Ernst & Ernst V. Hochfelder’: A Critique And An Evaluation Of Its Impact Upon The Scheme Of The Federal Securities Laws, James D. Cox

Faculty Scholarship

Ernst & Ernst v. Hochfelder presented to the Supreme Court the most perplexing issue yet to arise from the implied right of action under section 10(b) of the Securities Exchange Act of 1934 and Rule l0b-5: whether the standard of culpability imposed by those provisions includes a duty to exercise reasonable care.

Cracks In “The New Property”: Adjudicative Due Process In The Administrative State, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

The Hazards To The Press Of Claiming A “Preferred Position”, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Property And Tort In Nuclear Law Today, Kazimierz Grzybowski, William Dobishinski

Faculty Scholarship

No abstract provided.

Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst

Faculty Scholarship

Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory …

Interlocutory Injunctive Relief In Environmental Cases: A Primer For The Practitioner, John D. Leshy

Faculty Scholarship

No abstract provided.

The Supreme Court In Current Literature, Jenni Parrish, Roy Mersky

Faculty Scholarship

No abstract provided.

Prosecutorial Discovery And The Privilege Against Self-Incrimination: Accommodation Or Capitulation, Gordon Van Kessel

Faculty Scholarship

No abstract provided.

Barred From The Bar: Women And Legal Education In The United States 1870-1890, D. Kelly Weisberg

Faculty Scholarship

No abstract provided.

Justice Tobriner: Portrait Of The Judge As An Artist, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

The Scope Of Judicial Review In French Administrative Law, George A. Bermann

Faculty Scholarship

The arguments that may be raised in support of a claim of abuse of discretion must go to the legality, not just the wisdom or advisability, of administrative action. Though the judge is responsible for seeing to it that the government acts in conformity with law, he may not put himself in its place or interfere in its functioning. His job is not to determine whether in a given case a certain administrative official ought to have acted and, if so, in one particular way. He has neither the means nor the materials for judgments of this sort, nor does …

Monrad Paulsen: An Affectionate Appreciation, Michael I. Sovern

Faculty Scholarship

I have been an admirer of Monrad Paulsen since my first days as his junior colleague at the University of Minnesota Law School back in 1955. In retrospect, I recognize that my view of what makes a great law professor was profoundly influenced by the qualities I saw, and respected, in Monrad. For me, they began with collegiality – a personal interest in and a professional commitment to the welfare of the new boy. That first year at Minnesota was an enormously happy and productive apprenticeship for me, and Monrad helped make it so.

New Developments In The Taxation Of Real Estate Partnerships, Michael Madison

Faculty Scholarship

No abstract provided.

The 1976 Terrorism Amendment To The Foreign Assistance Act Of 1961, Thomas E. Carbonneau, Richard Lillich

Faculty Scholarship

Key to any successful attempt to combat international terrorism is the elimination of sanctuary and safe-haven for terrorists. The United States has pressed consistently for international agreements – the anti-hijacking conventions and the Internationally Protected Persons Convention being examples – requiring States either to prosecute or extradite international terrorists found within their borders. Because its efforts to establish a "basic extradite-or-prosecute obligation" have not met with general success, the U.S. has had to consider, among other alternatives, various unilateral responses to help curb terrorist activities. One obvious response, drawing upon a wealth of domestic precedents, involves the possible invocation of …

Processes Of Constitutional Decisionmaking: Cases And Materials, Henry Paul Monaghan

Faculty Scholarship

Authors of constitutional law casebooks traditionally have presented their subject through Supreme Court opinions arranged under the three general groupings of judicial review, distribution of powers (federalism and separation of powers), and individual liberties. This organizational consensus rests upon two widely held and deep beliefs: a basic course in constitutional law should (1) consist of a rigorous and sustained study of substantive doctrine and (2) be undertaken principally through a detailed examination of Supreme Court decisions, albeit supplemented in varying degrees by authors' questions and law review excerpts.

Paul Brest's Processes of Constitutional Decisionmaking poses a formidable challenge to this …

Of "Liberty" And "Property", Henry Paul Monaghan

Faculty Scholarship

After a century of experience, we are now thoroughly accustomed to viewing the fourteenth amendment as imposing upon the experimentation otherwise permitted in our fifty separate "laboratories" limitations that do not materially differ from those fastened upon the national government by the bill of rights. The history of this evolution is far too well known to justify rehearsing here even in the barest outline. But it bears noting that few, if any, observers believe that the language of the amendment has played a significant role in this historical evolution. Here, as elsewhere, "[b]ehind the words ... are postulates which limit …

Λ And K⁰ Production In P↑P Interactions At 6 Gev/C, R. L. Eisner, William J. Fickinger, S. L. Glickman, J. A. Malko, J. F. Owens, D. K. Robinson

Faculty Scholarship

Results on K0 and Λ production in p↑p interactions at 6 GeV are presented. The data are from an exposure of the Argonne 12 ft bubble chamber to a 60% transversely polarized proton beam. Results include data on Λ and K0 inclusive production, and on the reactions p↑p → pΛK+(pΣ0K+). The beam asymmetry parameter for Image is determined to be (−0.52 ± 0.12).