Law Commons^™

Counseling, Consulting, And Consent: Abortion And The Doctor-Patient Relationship, Mary Anne Wood, W. Cole Durham Jr.

BYU Law Review

No abstract provided.

Recent Publications, Journal Staff

Vanderbilt Law Review

Bar Admission Rules and Student Practice Rules

Edited by Fannie J. Klein with contributions by Ms. Klein, Steven H. Leleiko, and Jane H. Mavity

In this single volume, the Council on Legal Education for Professional Responsibility provides the first comprehensive collection of state and federal bar admission and law student practice rules. - - - - - - - - -

Desegregation from Brown to Alexander: An Exploration of Supreme Court Strategies

By Stephen Wasby, Anthony D'Amato,and Rosemary Metrailer.

In 1954, the United States Supreme Court in Brown v. Board of Education (Brown I) held that "separate" education for blacks …

Corporal Punishment In Public Schools: Constitutional Challenge After Ingraham V. Wright, Charles L. Schlumberger

Vanderbilt Law Review

Corporal punishment has been employed to maintain discipline and order in American schools since the colonial period.' During that era, the practice was not restricted to the classroom: corporal punishment was the generally accepted mode of correction for practically every civil and criminal offense. Attitudes toward correction did not begin to change until after the American Revolution. Since then, corporal punishment has been steadily discarded as a method of correction in both prisons and the military. Despite discontinuance in these areas, corporal punishment remains a well-established facet of the American educational process. Only a few states and municipalities have legislative …

An Essay On Contract And Status: Race, Marriage And The Meretricious Spouse, Howard Hunter

Research Collection Yong Pung How School Of Law

The notions of contract and status present one of the great paradoxes in Anglo-American jurisprudence: the two concepts are antithetical, yet they overlap significantly in those areas where private interests and public interests collide or coincide. The source of this antithesis is in the origins of the concepts. Contract emerges from private transactions, but status is publicly imposed. Examining the overlap reveals the tendency of late twentieth century Amercan judges to intermingle contradictory legal concepts when faced with difficult social problems.

J. Reuben Clark Memo: Fall 1978, Brigham Young University School Of Law

The Clark Memorandum

• J. Reuben Clark,Jr.
• The Clark Memorandum on the Monroe Doctrine (J. Reuben Clark, Jr.)
• The Role of the Lawyer in Modern Society (Chief Justice Warren E. Burger)
• The Student and Teacher Relationship (Rex E. Lee)
• The Ordinary Religion of the Law School Classroom (Roger C. Crampton)

Government Of The Legal Profession: An Inherent Judicial Power Approach., Leroy Jeffers

St. Mary's Law Journal

Abstract Forthcoming.

A Model Of The Law Communication Process: Formal And Free Law, Sandra M. Huszagh, Fredrick W. Huszagh

Scholarly Works

This Article and the one to be published in the next issue depict how government decrees are made available to citizens and identify those conditions under which various citizens are not likely to acquire the knowledge essential for the deference that American government requires. The process by which government communicates its commands to citizens is often inadequate to make individuals or organizations aware of applicable laws. Even if the citizen receives the law, he may fail to understand or respond to the law as the law-drafters intended. The roots of these failures can be examined alternatively by (1) analyzing the …

American Bar Association Meeting Prayer Breakfast, Lewis F. Powell Jr.

Powell Speeches

No abstract provided.

The Legal Persona: An Essay On The Professional Mask, James R. Elkins

Law Faculty Scholarship

The legal profession offers little opportunity for the practitioner to analyze the fundamental constructs underlying the legal system or the dynamics of the lawyering process. Jurisprudence and legal education traditionally have emphasized the external aspects of law, implying that man is a rational decisionmaker who freely controls his life and shapes societal institutions., This approach is unrealistic because it neglects the psychological dimension of man and the complexity of man's behavior. Jurisprudential scholars and legal educators should recognize that a growing body of sophisticated literature in linguistics and anthropology as well as social psychology and psychiatry is also relevant to …

The Inheritance Of Economic Status - By John A. Brittain, Michael R. Olneck

Vanderbilt Law Review

The Inheritance of Economic Status - by John A. Brittain

In the- mid-1960's and in the early 1970's, research results appeared that challenged conventional liberal beliefs about the causes and consequences of poverty. In 1966 the federal government published Equality of Educational Opportunity, a report prepared by James Coleman and his associates.' The data used in the report contained the startling result that, with some exceptions, within regions, the provision of educational resources was substantially uniform across racial and socioeconomic groups. Moreover, the data showed that what measurable differences existed between the schools attended by disadvantaged and advantaged students did …

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

Michigan Law Review

In 1976 we conducted a survey of law students at The University of Michigan. Demographic information; personal goals and values; and attitudes toward the law school, the faculty, and fellow students were surveyed. We factor-analyzed the items relating to attitudes, personal goals, and values. Three major factors were identified and labeled as alienation, dissatisfaction, and sociability. We have recently described the alienation factor extensively and outlined the dissatisfaction and sociability factors. In March 1977, we conducted a second survey designed to replicate the earlier study. Despite the addition of a few new items, the questionnaire was essentially unchanged. The new …

Sterilization, Retardation, And Parental Authority

BYU Law Review

No abstract provided.

The Evolution Of State Supreme Courts, Robert A. Kagan, Bliss Cartwright, Lawrence M. Friedman, Stanton Wheeler

Michigan Law Review

Part I of this Article describes in broad quantitative terms the changing relationship between the caseload of supreme courts and the population of the states in which these courts sit. Part II examines the various means states used to control supreme court caseloads, the political problems involved, and the types of courts that have resulted. Part III presents evidence that changes in court organization in response to caseload pressure are accompanied by changes in the kinds of cases state supreme courts hear, the style of their opinions, and the results of the cases.

Access To Justice: The Newest Wave In The Worldwide Movement To Make Rights Effective, Mauro Cappelletti, Bryant Garth

Buffalo Law Review

No abstract provided.

Barriers To Effective Public Participation In Regulation Of The Legal Profession, Charles W. Wolfram

Cornell Law Faculty Publications

No abstract provided.

Science, Society, And The Expert Town Meeting: Some Comments On Asilomar, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.

Program From The Twenty-Third William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-third William W. Cook lectures, held March 21-23, 1978, at the University of Michigan. The lecture series was "Scientific Research and Public Policy" by Peter Medawar, Richard C. Atkinson, and Jerome B. Wiesner.

Program From The Twenty-Fourth William W. Cook Lectures, University Of Michigan Law School

Cook Lecture Materials

The program from the twenty-fourth William W. Cook lectures, held October 16-19, 1978, at the University of Michigan. The lecture series was "Heroism in Early American Art and Politics" by Garry Wills.

Program From The Twenty-Seventh Thomas M. Cooley Lectures, University Of Michigan Law School

Cooley Lecture Materials

The program from the twenty-seventh Thomas M. Cooley lectures, held April 11-12, 1978, at the University of Michigan Law School. The lecture series was "Science in the Courts" by Harold Leventhal.

Law And Society Perspectives In The Basic Law School Curriculum: Critique Of An Interdisciplinary Experiment In Freshman Contracts, Lewis Kurlantzick

Faculty Articles and Papers

No abstract provided.

1978-1979 Bulletin, Benjamin N. Cardozo School Of Law

Cardozo Law Bulletin

Contents:

Yeshiva University – p. 4

Board of Trustees – p. 4

Administration – p. 4

Benjamin N. Cardozo School of Law – p. 5

Board – p. 5

Administration (Cardozo) – p. 6

Faculty – p. 6

Yeshiva University: History and Purpose – p. 13

Benjamin N. Cardozo School of Law: History and Purpose – p. 14

Program – p. 15

Degree Requirements – p. 15

Student Activities – p. 16

Admission – p. 17

Regulations – p. 19

Student Finances – p. 24

Description of Courses – p. 28

Alphabetical Index of Courses – p. 37

General Index …

Book Review, Igor I. Kavass

Vanderbilt Journal of Transnational Law

The limited use of American case law in the Commonwealth countries should not be surprising. With the exception of English cases, the decisions of other Commonwealth countries receive the same indifferent treatment in all Commonwealth jurisdictions; the English courts studiously ignore the decisions of other Commonwealth countries. For that matter, American courts do not consult the case law of English and other Commonwealth countries all too frequently. Espinoza v. Farah Manufacturing Co. is a recent example in point. In that case, the Supreme Court was asked to interpret the meaning of the terms "nationality" and "national origin" as used. in …

Crisis In The Courts: Proposals For Change, Griffin B. Bell

Vanderbilt Law Review

The popular conception of the crisis in the courts focuses upon the condition of the courts and particularly upon the increasing volume of disputes that are presented for resolution. For example,Judge Ruggero J. Aldisert of the Third Circuit, one of the busiest federal circuits, has observed: "The reality is that today there is a mad rush to the Federal courts." The available statistics reflect Judge Aldisert's observation. For instance, according to the most recent report of the Administrative Office of the United States Courts, record numbers of cases have been filed in the circuit and district courts during the past …

Judicial Overload: The Reasons And The Remedies , Maria Marcus

Faculty Scholarship

Animosity towards lawyers, perennial in our social history long before Watergate, parallels a contradictory and equally persistent belief in judges as problem-solvers for a variety of personal, economic, educational and political ills. An increasing number of litigants are bringing to the courts not only the class of disputes that has been the traditional fare of judicial decision-making, but also an array of issues that were formerly resolved in private meetings, at hospitals, in schools, or at home. The causes of this explosion of lawsuits and the possible buffers to an eventual implosion in our judicial system will be discussed below

The Nonpartisan Freedom Of Expression Of Public Employees, Michigan Law Review

Michigan Law Review

Governmental activities affect each of us in a myriad of ways. The government's role as employer may pale in comparison with the more glamorous activities of the government as national defender, law enforcer, and allocator of scarce resources. Yet the legal ramifications of public employment-where the public interest in efficient governmental operation often conflicts with the public employee's freedom-have a profound influence upon American society.

In 1968, the Supreme Court in Pickering v. Board of Education formulated a test designed to balance these interests in defining the scope of a public employee's freedom of expression. In examining the nonpartisan free …

Falling Rocks And Rising Risks In New Lands Of Law, Roger J. Traynor

BYU Law Review

No abstract provided.

Conflicts Of Interest And The Changing Concept Of Marriage: The Congressional Compromise, Michigan Law Review

Michigan Law Review

The number of women, including married women, seeking prominent positions in American business and government has increased rapidly in recent years, and this development raises serious questions regarding potential conflicts of interest between spouses who work either in related areas of the public and private sectors or solely within the public sector. Specifically, when one spouse is a member of Congress, conflicts of interest can occur if the other spouse occupies a high-level position in private industry or in the executive branch of the government. This Note examines the potential dangers in these employment arrangements of members of Congress and …

Housing For The Elderly: Constitutional Limitations And Our Obligations, Ed Stafman

Florida State University Law Review

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Men Who Know They Are Watched: Some Benefits And Costs Of Jailing For Nonpayment Of Support, David L. Chambers

Articles

Suppose that by some mysterious process the police in your town received each Monday a list of all the robberies and burglaries committed during the preceding week and the names of the persons who committed them. Suppose further that the list itself was admissible in evidence at trial and generally led to conviction. And suppose finally that persons considering committing offenses knew that the police had such a list and used it, relentlessly tracking down the miscreants named on it. Under such circumstances, one would probably expect that many potential offenders in the town with the magical list would resist …