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Articles 1 - 23 of 23
Full-Text Articles in Law
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
The National Industrial Pollution Control Council: Advise Or Collude?, William H. Rodgers, Jr.
Articles
This article analyzes three aspects of the National Industrial Pollution Countrol Coucil's performance: (1) the promise and risks it has presented; (2) its procedural performance, as tested by governing law; and (3) its accomplishments, both on the record and sub rosa, as measured by the expectations. In brief, NIPCC is portrayed as a dangerously anticompetitive institution occasionally doing business in violation of the law. The Council has published both public relations material and some useful data, but it has served more importantly as a lobbying forum for industries chafing under the regulatory bit. The experience of NIPCC forms the basis …
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
The States Versus Indian Off-Reservation Fishing: A United States Supreme Court Error, Ralph W. Johnson
Articles
Pacific Northwest Indian tribes signed treaties with the United States in the mid-1850's which guaranteed them the permanent right to fish at their usual and accustomed fishing sites off the reservations. The Indians believe these treaties mean that those states which did not exist in 1855 have no power to regulate Indian off-reservation fishing under any circumstances. State officials, on the other hand, have consistently argued that Indian off-reservation fishing is subject to the same state regulation as non-Indian fishing. The United States Supreme Court has basically accepted the states' position, holding that states can regulate off-reservation fishing when "necessary …
Due Process In Selective Service Appeals, Frank H. Easterbrook
Due Process In Selective Service Appeals, Frank H. Easterbrook
Articles
No abstract provided.
Toehold Acquisitions And The Potential Competition Doctrine, Frank H. Easterbrook
Toehold Acquisitions And The Potential Competition Doctrine, Frank H. Easterbrook
Articles
No abstract provided.
A Theory Of Negligence, Richard A. Posner
A Theory Of Negligence, Richard A. Posner
Articles
Negligence--the failure to exercise the care of an ordinarily prudent and careful man-has been the dominant standard of civil liability for accidents for the last 150 years or so, in this as in most countries of the world; and accident cases, mainly negligence cases, constitute the largest item of business on the civil side of the nation's trial courts. Yet we lack a theory to explain the social function of the negligence concept and of the fault system of accident liability that is built upon it. This article attempts to formulate and test such a theory, primarily through a sample …
Wilber G. Katz - The Gentle Exemplar, Harry Kalven Jr.
Corporate Reorganization Doctrine As Recently Applied By The Securities And Exchange Commission, Walter J. Blum
Corporate Reorganization Doctrine As Recently Applied By The Securities And Exchange Commission, Walter J. Blum
Articles
No abstract provided.
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Courtroom Misconduct By Prosecutors And Trial Judges, Albert W. Alschuler
Articles
As courtroom disruption became a national issue in the late 1960's, public attention focused primarily on the conduct of the criminal defense attorney and his client. Professor Alschuler examines the courtroom misconduct of prosecutors and trial judges both as it relates to disruptive behavior by defendants and defense attorneys and as it poses a threat in its own right to the orderly administration of justice.
The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland
The Privileges And Immunities Clause: Its Hour Come Round At Last, Philip B. Kurland
Articles
No abstract provided.
Affecting Rights To Equity Interests Under Chapter Xi Of The Bankruptcy Act - An Dedicated To Wilber G. Katz, Walter J. Blum, Stanley A. Kaplan
Affecting Rights To Equity Interests Under Chapter Xi Of The Bankruptcy Act - An Dedicated To Wilber G. Katz, Walter J. Blum, Stanley A. Kaplan
Articles
No abstract provided.
The Application Of The Crane Doctrine To Limited Partnerships, Richard A. Epstein
The Application Of The Crane Doctrine To Limited Partnerships, Richard A. Epstein
Articles
No abstract provided.
The Place Of Professional Education In The Life Of The University, Edward Hirsch Levi
The Place Of Professional Education In The Life Of The University, Edward Hirsch Levi
Articles
No abstract provided.
The Waning Of The American Jury, Hans Zeisel
The Appointment And Disappointment Of Supreme Court Justices, Philip B. Kurland
The Appointment And Disappointment Of Supreme Court Justices, Philip B. Kurland
Articles
The recent controversy over President Nixon's appointments to the Supreme Court, and the institution of impeachment proceedings against Justice Douglas, have raised important questions concerning qualifications for, and behavior of, Supreme Court justices. In this Article, Professor Kurland discusses the important qualities that a Supreme Court justice should possess, the various competing pressures that often influence presidential selections, the Senate's proper role in the confirmation process, and, finally-with special emphasis upon the impeachment proceedings against Justice Douglas-the available means of removing incumbent justices.
Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers
Alternatives To Civil Commitment Of The Mentally Ill: Practical Guides And Constitutional Imperatives, David L. Chambers
Articles
In 1930, Ford sold Fords only in black and states offered treatment for mental illness only in public mental hospitals. Today, new views of mental health care and mental health problems have begotten a galaxy of new treatment settings. Few cities can boast community-based programs sufficient to meet their needs, but almost all cities of any size rely increasingly on outpatient programs. The large public mental hospitals still stand, of course. Indeed, every year more people enter public hospitals than entered the year before. Over 400,000 Americans were admitted as inpatients to state and county mental hospitals last year.1 Partly …
Law School Grading: An Experiment With Pass-Fail, Richard O. Lempert
Law School Grading: An Experiment With Pass-Fail, Richard O. Lempert
Articles
The story is told about a graduate of an Ivy League institution who, when asked by a law school admissions officer whether he was in the top half of his class responded quickly, "No sir, I'm one of those who make the top half possible." For better or worse, most students, once in law school, do not take low grade averages with such equanimity. Among the objects of their displeasure are they themselves, their instructors, course content, and the grading system which makes a top and bottom half possible. It is conceivable that high average students direct displeasure at the …
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Societal Concepts Of Criminal Liability For Homicide In Medieval England, Thomas A. Green
Articles
THE early history of English criminal law lies hidden behind the laconic formulas of the rolls and law books. The rules of the law, as expounded by the judges, have been the subject of many studies; but their practical application in the courts, where the jury of the community was the final and unbridled arbiter, remains a mystery: in short, we know little of the social mores regarding crime and crimi- nals. This study represents an attempt to delineate one major aspect of these societal attitudes. Its thesis is that from late Anglo-Saxon times to the end of the middle …
Expropriation, Inflation, And Development, Keith S. Rosenn
Expropriation, Inflation, And Development, Keith S. Rosenn
Articles
Eminent domain is an important developmental device for countries attempting to generate rapid growth within a free enterprise context. In Brazil and Argentina, however, spiraling inflation, combined with delayed compensation, often result in public confiscation of private property, thereby seriously undermining the confidence of private investors in the governments of both countries. In examining various measures designed to correct the problem, Professor Rosenn illuminates one aspect of the relationship between law and development.
Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar
Dean Lockhart, The Man., Jesse H. Choper, Yale Kamisar
Articles
Bill Lockhart is truly an extraordinary man, not because his achievements have been so numerous and diverse - though they have - and not because his accomplishments carry a distinct mark of excellence and eminence - though they do. He is unusual because he is that combination of multiple gifts and powers rarely coalesced in a single human being. And we have spoken merely of the professional man; only those familiar with Bill's deep devotion to his family and heroic dedication to his church can fully comprehend how remarkable a person he is.
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Equations Presented As An Example Of A Nonsimulation Game, Layman E. Allen, Joan K. Ross
Articles
One way of characterizing instructional games is in terms of whether they are simulation games or nonsimulation games. Most ofSimulation Gaming News deals with simulation games and other simulations; here we are concerned with nonsimulation games.
State Law Of Patent Exploitation, Edward H. Cooper
State Law Of Patent Exploitation, Edward H. Cooper
Articles
The main purpose of the present inquiry is to determine whether second thoughts support or undermine the instinctive supposition that the doctrines surrounding cooperative use of patents should be federal. The original creator of a patented invention is seldom in a position to exploit its commercial potential alone; even if the invention is created by the employee of a vast enterprise, it is almost inevitable that the patent will be assigned to his employer. Patent licensing plays a vitally important role in the development of many inventions. The contract doctrines surrounding such transactions, and various other consensual undertakings relating to …
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
How To Use, Abuse—And Fight Back With—Crime Statistics, Yale Kamisar
Articles
Statistics have an almost magical appeal in a "fact"-minded culture such as ours, among a people conditioned and accustomed to watch for-and attach great significance to-even the smallest fluctuations in say, the unemployment rate. Hence, as Darrell Huff graphically demonstrated in his famous little book, How to Lie with Statistics (1954), they can be-and have been-manipulated to terrorize or calm, inflate or depreciate, and above all, to sensationalize and over simplify. As Harvard criminologist Lloyd Ohlin noted recently, statistics are especially potent when "they give a sense of solid reality (usually false) to something people vaguely apprehend and when they …
The Problem Of Social Cost Revisited, Donald H. Regan
The Problem Of Social Cost Revisited, Donald H. Regan
Articles
SOME years ago, in a paper entitled "The Problem of Social Cost," Professor Ronald Coase asserted and argued for a proposition which has since acquired the convenient sobriquet "the Coase Theorem." The proposition is: That in a world of perfect competition, perfect information, and zero transaction costs, the allocation of resources in the economy will be efficient and will be unaffected by legal rules regarding the initial impact of costs resulting from externalities. Note that there are two claims being made, which it is well to separate for purposes of discussion. The first claim is that, under the conditions described, …