Law Commons^™

Reassessing Law Schooling: The Sterling Forest Group, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Crazy Behavior, Morals, And Science: An Analysis Of Mental Health Law, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

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

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

The Twilight Of Welfare Criminology: A Final Word, Stephen J. Morse

All Faculty Scholarship

No abstract provided.

Reading The Mind Of The School Board: Segregative Intent And The De Facto/De Jure Distinction, Seth F. Kreimer

All Faculty Scholarship

No abstract provided.

Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman

All Faculty Scholarship

Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requsites for optimum judicial review generally.

Failing to perceive any compelling reason to single out administrative cases for review (in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …

Note, The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William W. Bratton

All Faculty Scholarship

No abstract provided.

A Theory Of Justification: Societal Harm As A Prerequisite For Criminal Liability, Paul H. Robinson

All Faculty Scholarship

All would agree that the criminal law seeks to prevent harmful results rather than to punish evil intent that produces no harm. If one views deterrence as the proper function of the criminal law, a harm requirement is appropriate. To the extent that the criminal law punishes nonharmful conduct, it weakens the stigma and deterrent effect of criminal conviction for harmful conduct. If a defendant who has caused no harm feels that he is punished unjustifiably, rehabilitative efforts will be hampered. Indeed, one may ask: If no harm has been caused, what harm will be deterred by punishment, and what …

Grievance Procedures In Federal Prisons: Practices And Proposals, Howard Lesnick

All Faculty Scholarship

No abstract provided.

A Proposal For Limiting The Duty Of The Trial Judge To Instruct The Jury Sua Sponte, Paul H. Robinson

All Faculty Scholarship

This Article will present what appears to be a workable system which allows fulfillment of both of the jury instruction functions-jury guidance and legal-theory-resolution-and which will simultaneously reduce the number of reversals due to judicial error in instructing the jury (the latter result may be anticipated in any system which is able to produce the former result). This Article proposes the abolition of the sua sponte duty of the trial judge except for certain basic instructions to be specified by statute or by rule of court. The proposal would retain for each advocate the opportunity to propose instructions reflecting his …

Proposal And Analysis Of A Unitary System For Review Of Criminal Judgments, Paul H. Robinson

All Faculty Scholarship

Debate continues over expanded use of habeus corpus for collateral attack of criminal judgments. Some commentators argue that the current system of seemingly endless post-conviction review fails to provide the finality and integrity required of any truly fair and effective system of criminal justice. Others claim that such an expansive post-conviction remedy system is justified when a man's liberty is at stake. It is a central thesis of this article that not only does the present system of post-conviction remedies fall short of achieving adequate fairness and comprehensiveness, but also that the attempt to achieve these values has produced a …

Procedural Aspects Of The Consumer Product Safety Act, Antonin Scalia, Frank Goodman

All Faculty Scholarship

No abstract provided.

De Facto School Segregation: A Constitutional And Empirical Analysis, Frank I. Goodman

All Faculty Scholarship

No abstract provided.

Preemption Reconsidered: The Apparent Reaffirmation Of Garmon, Howard Lesnick

All Faculty Scholarship

No abstract provided.

The Court Acknowledges The Illegitimate: Levy V. Louisiana And Glona V. American Guarantee & Liability Insurance Co., John C. Gray Jr., David Rudovsky

All Faculty Scholarship

No abstract provided.

Establishment Of Bargaining Rights Without An Nlrb Election, Howard Lesnick

All Faculty Scholarship

No abstract provided.

State-Court Injunctions And The Federal Common Law Of Labor Contracts: Beyond Norris-Laguardia, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Job Security And Secondary Boycotts: The Reach Of Nlra 8(B)(4) And 8(E), Howard Lesnick

All Faculty Scholarship

No abstract provided.

An Historical And Critical Analysis Of Interpleader, Geoffrey C. Hazard Jr., Myron Moskovitz

All Faculty Scholarship

No abstract provided.

The Gravamen Of The Secondary Boycott, Howard Lesnick

All Faculty Scholarship

No abstract provided.

Insanity As A Defense: The Bifurcated Trial, David W. Louisell, Geoffrey Hazard

All Faculty Scholarship

No abstract provided.