Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

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 Oct 1975

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 Jul 1975

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. Apr 1975

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.


The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel Jan 1975

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.


Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper Jan 1975

Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper

Articles

No abstract provided.


The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner Jan 1975

The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner

Articles

No abstract provided.


Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner Jan 1975

Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner

Articles

No abstract provided.


Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz Jan 1975

Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz

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 Jan 1975

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 Economic Approach To Law, Richard A. Posner Jan 1975

The Economic Approach To Law, Richard A. Posner

Articles

No abstract provided.


Substantial Compliance With The Wills Act, John H. Langbein Jan 1975

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.


Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum Jan 1975

Book Review (Reviewing Jeffrey O'Connell, Ending Insult To Injury (1976)), Walter J. Blum

Articles

No abstract provided.


Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond Jan 1975

Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


Division Of Marital Property, Max Rheinstein Jan 1975

Division Of Marital Property, Max Rheinstein

Articles

No abstract provided.


The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler Jan 1975

The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler

Articles

No abstract provided.


Transactions Subject To Gift Tax, Douglas A. Kahn, Earl M. Colson Jan 1975

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 …


Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman Jan 1975

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 …


Rulemaking Under The Illinois Pollution Law, David P. Currie Jan 1975

Rulemaking Under The Illinois Pollution Law, David P. Currie

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 Jan 1975

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; …


Comment On Warth V. Seldin, Terrance Sandalow Jan 1975

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 …


A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle Jan 1975

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 Jan 1975

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 …


The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman Jan 1975

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 Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman Jan 1975

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 Jan 1975

Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn

Articles

No abstract provided.


The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton Jan 1975

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 Jan 1975

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.


Sterilization, State Action, And The Concept Of Consent, Monroe E. Price, Robert A. Burt Jan 1975

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.