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Articles 1 - 28 of 28
Full-Text Articles in Law
Book Review (Reviewing James Conway Davies, Catalogue Of The Manuscripts In The Library Of The Honourable Society Of The Inner Temple (1972)), John H. Langbein
Book Review (Reviewing James Conway Davies, Catalogue Of The Manuscripts In The Library Of The Honourable Society Of The Inner Temple (1972)), John H. Langbein
Articles
No abstract provided.
Enforcement Under The Illinois Pollution Law, David P. Currie
Enforcement Under The Illinois Pollution Law, David P. Currie
Articles
No abstract provided.
Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr.
Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr.
Articles
This Comment will (1) summarize the antitrust litigation that put Peabody in jeopardy of losing its leases under section 27 of the Mineral Lands Leasing Act of 1920, and (2) criticize the decision of the Justice Department to forego a test case, thus drastically narrowing by administrative fiat the coal lease forfeiture provisions of the Mineral Lands Leasing Act.
Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner
Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner
Articles
No abstract provided.
Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum
Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum
Articles
No abstract provided.
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Articles
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 requisites 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 …
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
Articles
No abstract provided.
The Economic Approach To Law, Richard A. Posner
Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper
Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper
Articles
No abstract provided.
Substantial Compliance With The Wills Act, John H. Langbein
Substantial Compliance With The Wills Act, John H. Langbein
Articles
Courts have long required literal compliance with the Wills Act formalities, automatically invalidating defectively executed wills. in this Article Professor Langbein argues for a functional rule of substantial compliance that would treat some such defects as harmless to the purposes of the Wills Act. He contrasts the functional analysis that excuses the principal will substitutes from compliance with Wills Act formalities, and he points to factors that make it likely that the substantial compliance doctrine would fit smoothly into existing practice without materially increasing the levels of probate litigation.
Rulemaking Under The Illinois Pollution Law, David P. Currie
Rulemaking Under The Illinois Pollution Law, David P. Currie
Articles
No abstract provided.
Antitrust Policy And The Supreme Court: An Analysis Of The Restricted Distribution, Horizontal Merger And Potential Competition Decisions, Richard A. Posner
Antitrust Policy And The Supreme Court: An Analysis Of The Restricted Distribution, Horizontal Merger And Potential Competition Decisions, Richard A. Posner
Articles
No abstract provided.
The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner
The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner
Articles
No abstract provided.
Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz
Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz
Articles
No abstract provided.
The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel
The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel
Articles
No abstract provided.
Division Of Marital Property, Max Rheinstein
The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman
The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman
Articles
No abstract provided.
Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn
Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn
Articles
No abstract provided.
The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman
The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman
Articles
No abstract provided.
The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey
The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey
Articles
The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …
The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton
The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton
Articles
No abstract provided.
Preferential Policies In Hiring And Admissions, James W. Nickel
Preferential Policies In Hiring And Admissions, James W. Nickel
Articles
No abstract provided.
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson
Articles
The gift tax is imposed on the "transfer of property by gift." The term gift is not expressly defined either in the Code or in the Treasury Regulations. However, section 2512(b), dealing with the valuation of gifts, states that "where property is transferred for less than an adequate and full consideration in money or money's worth," the difference between the value of the property transferred and the consideration received constitutes a gift. Thus, for gift tax purposes, the determination of whether a gift was made does not turn so much on the intent of the transferor as it does on …
A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle
A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle
Articles
Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Racial Preferences In Higher Education: Political Responsibility And The Judicial Role, Terrance Sandalow
Articles
Controversy continues unabated over the question left unresolved by DeFunis v. Odegaard: whether in its admissions process a state law school may accord preferential treatment to certain racial and ethnic minorities. In the pages of two journals published by the University of Chicago, Professors John Hart Ely and Richard Posner have established diametrically opposed positions in the debate. Their contributions are of special interest because each undertakes to answer the question within the framework of a theory concerning the proper distribution of authority between the judiciary and the other institutions of government. Neither position, in my judgment, adequately confronts the …
Comment On Warth V. Seldin, Terrance Sandalow
Comment On Warth V. Seldin, Terrance Sandalow
Articles
Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt
Articles
A line demarking the propriety of state intervention into the lives of individuals has never been adequately drawn. It is not surprising that such a line is practically nonexistent, from the point of view of legal analysis, when the people subject to intervention are considered mentally retarded. Too infrequently the medical and privacy rights of these individuals go unrecognized and unheeded. There are several factors which collectively account for this.