Digital Commons Network^™

Just Compensation For Lessor And Lessee, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

The Power Of District Judges And The Responsibility Of Courts Of Appeals, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Objectivity In The Law, George C. Christie

Faculty Scholarship

No abstract provided.

The Circuit Councils: Rusty Hinges Of Federal Judicial Administration, Peter G. Fish

Faculty Scholarship

The Administrative Office Act of 1939 fundamentally changed the judicial system of the country.

The Many Mansions Of A University, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Lawyers At Lineups: Constitutional Necessity Or Avoidable Extravagance?, Frank T. Read

Faculty Scholarship

No abstract provided.

The Constitutional Rights Of Public Employees: A Comment On The Inappropriate Uses Of An Old Analogy, William W. Van Alstyne

Faculty Scholarship

Beginning with Justice Douglass's assertion that the State is bound in the same ways when acting as an employer as it is when acting as a governing body, this examination delves deeper to determine how this doctrine actually limits the government when it acts as an employer. This article endorses the theory of examining these limits not in the context of if the government is allowed to enforce them in the public sphere, but if the government may mandate such limits in the private sphere

New Frontiers, Michael E. Tigar

Faculty Scholarship

No abstract provided.

The Tentative Emergence Of Student Power In The United States, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Selective Service: Some Certain Problems And Some Tentative Answers, Michael E. Tigar, Robert J. Zweben

Faculty Scholarship

No abstract provided.

A Constitution For Every Man, William W. Van Alstyne

Faculty Scholarship

No abstract provided.

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Professionalism And Student Protest, Paul D. Carrington

Faculty Scholarship

The attributes of professionalism, which are the hallmark of the lawyer's calling, can be used to help institutions and the public understand and effectively deal with student protest and disorder. An unruffled, low keyed reaction is needed in most cases with the law's processes reserved for occasions that cannot be handled as intramural clashes.

Criminal Justice In Extremis: Administration Of Justice During The April 1968 Chicago Disorder, Mark N. Aaronson

Faculty Scholarship

No abstract provided.

Enforcing The Contract To Bargain, Charles L. Knapp

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

San Joaquin Delta: Is Negotiation A Solution?, Richard B. Cunningham

Faculty Scholarship

No abstract provided.

Social Justice Through Civil Justice, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Collateral Attack On Court-Martial Convictions, Robinson O. Everett

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

Epilogue To The Criminal Justice Survey, Geoffrey C. Hazard Jr.

Faculty Scholarship

No abstract provided.

Crowded Dockets And The Courts Of Appeals: The Threat To The Function Of Review And The National Law, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Domestic Distortions, Tariffs, And The Theory Of Optimum Subsidy: Some Further Results, Jagdish N. Bhagwati, V.K. Ramaswami, T.N. Srinivasan

Faculty Scholarship

Bhagwati and Ramaswami (1963) showed that if there is a distortion, the Paretian first-best policy is to intervene with a tax (subsidy) at the point at which the distortion occurs. Hence a domestic tax-cum-subsidy with respect to production would be first-best optimal when there was a domestic distortion (defined as the divergence between domestic prices and the marginal rate of transformation in domestic production) just as a tariff policy would be first-best optimal under monopoly power in trade (which involves a foreign distortion). An important corollary, for the case of a distortionary wage differential, is that while a tax-cum-subsidy policy …

Optimal Policies And Immiserizing Growth, Jagdish N. Bhagwati

Faculty Scholarship

In 1958, I analysed the paradoxical case of "immiserizing growth" [2] where a country, with monopoly power in trade, found that the growth-induced deterioration in its terms of trade implied a sufficiently large loss of welfare to outweigh the primary gain from growth. An obvious corollary of this proposition was that, if the country imposed an optimum tariff (either in both the pre-growth and the post-growth situations, or in the latter situation alone), this paradox would be eliminated.

James Melvin, in an interesting note [5], has now produced yet another analysis of immiserizing growth, where demand differences of the factor-intensity-reversals …

"Uncontrollable" Actions And The Eighth Amendment: Implications Of Powell V. Texas, Kent Greenawalt

Faculty Scholarship

No questions of criminal justice are more fundamental than the bases for imposing criminal punishment, yet the Federal Constitution says nothing explicit about them. It is, therefore, understandable that the increasing limitations imposed by constitutional interpretation upon procedures for ascertaining criminal guilt have not been accompanied by similar limits upon principles of criminal responsibility. That the difference in treatment is understandable does not, of course, necessarily mean it has been justified.

When the Court struck down a law punishing addiction in Robinson v. California in 1962, it was still unclear whether it was willing to become significantly implicated in developing …

Proof Of Consumer Deception Before The Federal Trade Commission, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

The Community Development Corporation, Robert J. Desiderio, Raymond G. Sanchez

Faculty Scholarship

No abstract provided.

Contributions To Indian Economic Analysis: A Survey, Jagdish N. Bhagwati, Sukhamoy Chakravarty

Faculty Scholarship

Any survey of contributions to economic analysis in India, even though confined to the post-war years and to issues arising from domestic economic events and policy, runs into exceptional difficulties. Not only has practically every conceivable problem been raised and discussed by economists, in a country where interest in economic issues dates back at least to the latter half of the 19th century; but there have also been numerous committees and commissions whose report have led to a voluminous literature.

Ruthless selectivity has thus been inevitable. We have generally focussed, in this survey, on contributions which meet the following criteria: …

Federal Tax Status Of California Professional Men Who Incorporate, Stephen A. Lind

Faculty Scholarship

No abstract provided.

The Regulation And Administration Of The Welfare Hearing Process – The Need For Administrative Responsibility, Robert E. Scott

Faculty Scholarship

In recent years, the concept of public welfare has undergone substantial conceptual changes, the primary being a shift from the older concept of gratuity to one of statutory entitlement pursuant to the Social Security Act. This paper seeks to examine and analyze the administrative "fair hearing" as a means of effective regulation of administrative discretion and enforcement of the entitlement provisions of the federal act. Primary emphasis is placed on a comparative treatment of state hearing procedures and federal hearing regulations to determine whether the fair hearing is, at present, a viable means of insuring due process in welfare administration.