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Dean William C. Warren, Michael I. Sovern Jan 1971

Dean William C. Warren, Michael I. Sovern

Faculty Scholarship

It would be virtually impossible, even if I were to preempt this entire issue of the Columbia Law Review for the purpose, to document fully the monumental contributions William C. Warren made to the Law School during the seventeen years of his deanship. I can hope only to touch lightly upon them, leaving the reader to admire the foresight, the energy, the generosity of spirit, and the long hours of dedicated effort which enabled him to accomplish so much.


Part Ii: Procedural Law - Evidence (1971), Frank W. Elliott Jan 1971

Part Ii: Procedural Law - Evidence (1971), Frank W. Elliott

Faculty Scholarship

During the year under review the cases of greatest significance for those who seek to remain abreast of current developments were those dealing with impeachment by prior conviction, presumptions, and hearsay evidence.


Public Employee Bargaining In Oregon, Joseph R. Grodin, Mark A. Hardin Jan 1971

Public Employee Bargaining In Oregon, Joseph R. Grodin, Mark A. Hardin

Faculty Scholarship

No abstract provided.


The Foreign Trade Regime In The Comecon Countries Today, Kazimierz Grzybowski Jan 1971

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

Faculty Scholarship

No abstract provided.


All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt Jan 1971

All Or Nothing At All: The Defeat Of Selective Conscientious Objection, Kent Greenawalt

Faculty Scholarship

The generosity of the United States Supreme Court to conscientious objectors whom Congress has declined to exempt from military service has apparently ended. In Gillette v. United States, decided with Negre v. Larsen, the Court decisively closed the door on claims that those conscientiously opposed to participation in particular wars are entitled by statute or constitutional right to an exemption from military service. Mr. Justice Marshall's majority opinion first disposes of the statutory claim. According to the opinion, the relevant language of § 6(j) of the Military Selective Service Act of 1967," conscientiously opposed to participation in war …


Criminal Law And Population Control, Kent Greenawalt Jan 1971

Criminal Law And Population Control, Kent Greenawalt

Faculty Scholarship

Several important questions can be asked about criminal law and the population problem. One is how greatly overpopulation, with its contribution to poverty and urban crowding, is a cause of crime, and, obversely, the extent to which population control would be a form of crime control. Another question is how much population growth increases the range of behavior that is and should be covered by criminal sanctions. Although these and other questions deserve attention, the purpose of this article is more modest – to consider possible changes in criminal law that could help ease the population problem.


Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr. Jan 1971

Bringing The Vagueness Doctrine On Campus, George A. Bermann, Ballard Jamieson Jr.

Faculty Scholarship

Although students have traditionally paid little attention to university disciplinary codes, recent campus disturbances have given these codes unprecedented significance. Those subjected to disciplinary proceedings have charged, among other things, that the provisions which regulate their behavior are too vague to inform them of what they may and may not do. Arguing that a broadly-worded code of conduct is necessary to govern, university administrators, however, have refused to make their regulations more precise.


The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher Jan 1971

The Theory Of Criminal Negligence: A Comparative Analysis, George P. Fletcher

Faculty Scholarship

Negligence is a problematic ground for criminal liability. Every major Western legal system punishes negligent as well as intentional violations of protected interests; but theorists both here and abroad feel uneasy about the practice Negligent motoring and negligent manufacturing significantly threaten the public interest; yet Western judges seem more comfortable punishing counterfeiters and prostitutes than imposing sanctions against those who inadvertently take unreasonable risks. Negligence appears indeed to be an inferior, almost aberrant ground for criminal liability. Every interest protected by the criminal law is protected against intentional violations; but only a few-life, bodily integrity, and sometimes property-are secured against …


Chief Judge Stanley H. Fuld, Michael I. Sovern Jan 1971

Chief Judge Stanley H. Fuld, Michael I. Sovern

Faculty Scholarship

There were Whiz Kids before McNamara, and never more than during the tenure of the late Thomas E. Dewey as District Attorney of New York County. Only thirty-three years old when he became special prosecutor for the investigation of organized crime in New York and thirty-five when he took office as District Attorney in 1937, Dewey surrounded himself with a remarkably talented group of young lawyers. Frank Hogan, for example, was thirty-five in 1937, Charles Breitel all of twenty-eight. Stanley Howells Fuld, who had graduated from the Columbia Law School one year after the District Attorney, was thirty-four. Nine years …


Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr. Jan 1971

Sex Discrimination By Law: A Study In Judicial Perspective, Charles L. Knapp, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.


Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel Jan 1971

Variable Annuities, Variable Insurance And Separate Accounts, Tamar Frankel

Faculty Scholarship

The variable annuity is a novel retirement plan. It was devised to minimize the inadequacies of a fixed-dollar annuity as a retirement device. Inflation and an accelerating standard of living have left persons receiving fixed-dollar annuities with only a fraction of the income required to meet their needs.


A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski Jul 1970

A Return To Jurisdictional Due Process: The Case For The Vanishing Defendant, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel Jul 1970

The Applicability Of The Margin Regulations To Foreign Financial Institutions, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall Jun 1970

On The Road To Educational Failure: A Lawyer's Guide To Tracking, G. Emlen Hall

Faculty Scholarship

Tracking, using the term in the broader sense to include all ability . grouping, represents a solution to an insoluble dilemma. While individualized instruction has long been touted as the great desideratum in American education, no one has ever been willing to pay what it would cost to give each child a different education. Educators thus devised what they considered to be the-next best thing, educational units large enough to be economically viable but small enough to isolate students with what were thought to be roughly similar educational needs. These needs are determined by an unformulated formula employing "objective testing," …


The War In Southeast Asia: A Legal Position Paper, Gordon G. Young Jun 1970

The War In Southeast Asia: A Legal Position Paper, Gordon G. Young

Faculty Scholarship

No abstract provided.


Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn Jun 1970

Business Secrets In Administrative Agency Adjudication, Ernest Gellhorn

Faculty Scholarship

No abstract provided.


Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski Apr 1970

Enlightened Territorialism And Professor Cavers: The Pennsylvania Method, Aaron Twerski

Faculty Scholarship

No abstract provided.


The Investment Banker And The Credit Regulations, Roberta S. Karmel Mar 1970

The Investment Banker And The Credit Regulations, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


More About Oysters Than You Wanted To Know, Garrett Power Mar 1970

More About Oysters Than You Wanted To Know, Garrett Power

Faculty Scholarship

No abstract provided.


Evans V. Abney: Reverting To Segregation, David S. Bogen Jan 1970

Evans V. Abney: Reverting To Segregation, David S. Bogen

Faculty Scholarship

No abstract provided.


Human Rights In The United States: Two Decades' Development, David S. Bogen Jan 1970

Human Rights In The United States: Two Decades' Development, David S. Bogen

Faculty Scholarship

No abstract provided.


The Shea Act, Robert J. Condlin Jan 1970

The Shea Act, Robert J. Condlin

Faculty Scholarship

No abstract provided.


Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson Jan 1970

Range Of Compensable Consequences In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.


Mental And Nervous Injury In Workmen’S Compensation, Arthur Larson Jan 1970

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 Jan 1970

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

Faculty Scholarship

No abstract provided.


Toward A Judicial Administrator Of Limited Powers: Bankruptcy Crisis And The Administrative Office Of The United States Courts, Peter G. Fish Jan 1970

Toward A Judicial Administrator Of Limited Powers: Bankruptcy Crisis And The Administrative Office Of The United States Courts, Peter G. Fish

Faculty Scholarship

Administrative power in the federal judicial system is, like the system itself, decentralized.


Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi H. Golding Jan 1970

Ethical And Value Issues In Population Limitation And Distribution In The United States, Martin P. Golding, Naomi H. Golding

Faculty Scholarship

No abstract provided.


Military Justice Is To Justice As …, Robinson O. Everett Jan 1970

Military Justice Is To Justice As …, Robinson O. Everett

Faculty Scholarship

No abstract provided.


The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet Jan 1970

The Step Transaction Doctrine And Its Effect On Corporate Transactions, Richard D. Hobbet

Faculty Scholarship

No abstract provided.


Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar Jan 1970

Foreword: Waiver Of Constitutional Rights: Disquiet In The Citadel, Michael E. Tigar

Faculty Scholarship

Foreword to Harvard Law Review review of Supreme Court 1969 Term