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Articles

1977

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Institution
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Articles 1 - 30 of 41

Full-Text Articles in Law

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer Nov 1977

Does The Constitution Mean What It Always Meant?, James W. Nickel, Stephen R. Munzer

Articles

No abstract provided.


American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins Jun 1977

American Indian Courts And Tribal Self-Government, Richard B. Collins, Ralph W. Johnson, Kathy Imig Perkins

Articles

This article is intended to rebut several of Mr. Brakel's key assertions and to emphasize the wellestablished right of Indians to maintain their own courts. Each of the authors has had extensive contact and experience working with Indian courts. Mr. Collins is associated with the Native American Rights Fund. He formerly had many contacts with Indian courts when he practiced law on the Navajo Indian Reservation. Professor Johnson, who has taught law at the University of Washington School of Law for twenty-one years, has for the past six years been an instructor in the National American Indian Court Judges Association's …


Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel Jun 1977

Criminal Procedure, The Burger Court, And The Legacy Of The Warren Court, Jerold H. Israel

Articles

I start in Section I of this Article with an examination of the first major theme of the criminal procedure decisions of the Warren Court, the selective incorporation of Bill of Rights' guarantees into the due process clause of the fourteenth amendment. My conclusion is that the selective incorporation principle, which provided the doctrinal basis for many of the "liberal" decisions of the Warren Court, remains firmly established today under the Burger Court. Section II of the Article then analyzes the theme of equality and the role it played in Warren Court decisions in the criminal procedure area. It is …


Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine May 1977

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

Articles

Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …


Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White May 1977

Evaluating Article 2 Of The Uniform Commercial Code: A Preliminary Empirical Expedition, James J. White

Articles

A proponent of commercial law codification, Mr. Eaton was one of the first American lawyers to perceive that mere codification of the law did not necessarily produce certainty and lack of discord in the law of commercial transactions. Indeed, in the same article Eaton reveals that of the 1,091 cases that had arisen under the Negotiable Instruments Law, only 704 cited the Act and in the other 387 "the Negotiable Instruments Law [was] ignored by the courts in the decisions, and (so far as the reports show) by the counsel in these cases...." Unlike Bentham, Carter, and Field, each of …


Judicial Protection Of Minorities, Terrance Sandalow May 1977

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 May 1977

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 …


The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski Feb 1977

The Most Lustrous Branch: Watergate And The Judiciary, Leon Jaworski

Articles

Article by Leon Jaworski of Fulbright and Jaworski, former President of the American Bar Association (1971-72) and Watergate Special Prosecutor, regarding the duty of a lawyer in a publicly scrutinized trial. Document includes handwritten notes and was originally published in the Fordham Law Review.


The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner Jan 1977

The Rule Of Reason And The Economic Approach: Reflections On The Sylvania Decision, Richard A. Posner

Articles

No abstract provided.


West German Marriage And Family Law Reform, Max Rheinstein, Mary Ann Glendon Jan 1977

West German Marriage And Family Law Reform, Max Rheinstein, Mary Ann Glendon

Articles

No abstract provided.


Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland Jan 1977

Justice Robert H. Jackson - Impact On Civil Rights And Liberties The David C. Baum Memorial Lecture, Philip B. Kurland

Articles

No abstract provided.


The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond Jan 1977

The Effect Of Peremptory Challenges On Jury And Verdict: An Experiment In A Federal District Court, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


The Memoirs Of Chief Justice Earl Warren, Philip B. Kurland Jan 1977

The Memoirs Of Chief Justice Earl Warren, Philip B. Kurland

Articles

No abstract provided.


The American Fiscal Constitution, Kenneth W. Dam Jan 1977

The American Fiscal Constitution, Kenneth W. Dam

Articles

The United States Constitution contains relatively few provisions explicitly concerned with the authority of the federal government and the states to tax and spend. Nevertheless, an impressive structure of rules has evolved governing the division of fiscal powers and responsibilities within our federal system. These rules include Supreme Court decisions interpreting the Constitution, key framework legislation, and implicit understandings derived from existing practice. Professor Dam constructs a general outline of the resulting American Fiscal Constitution, and provides a contrasting view of the West German fiscal constitution. He also offers some tentative conclusions about how federal grants-in-aid and revenue sharing have …


The Right Of Privacy, Richard A. Posner Jan 1977

The Right Of Privacy, Richard A. Posner

Articles

No abstract provided.


Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel Jan 1977

Antitrust Liability For Attempts To Influence Government Action: The Basis And Limits Of The Noerr--Pennington Doctrine, Daniel R. Fischel

Articles

No abstract provided.


Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt Jan 1977

Human Rights Legislation And U.S. Foreign Policy, David Weissbrodt

Articles

I do not say that we can remake the world in our own image. I recognize the limits on our power, and I do not wish to see us swing from one extreme of cynical manipulation to the other extreme of moralistic zeal, which can be just as dangerous. But the present administration has been so obsessed with balance of power politics that it has often ignored basic American values and a proper concern for human rights. The leaders of this administration have rationalized that there is little room for morality in foreign affairs, and that we must put self-interest …


The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt Jan 1977

The Role Of Nongovernmental Organizations In The Implementation Of Human Rights, David Weissbrodt

Articles

One reads of at least 35,000 political prisoners in Indonesia, at least 10,000 in forced labor camps in the Soviet Union, mass arrests in Chile, torture in Brazil, Spain, and the Philippines, killings in Belfast 7 and


State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication, Walter Hellerstein Jan 1977

State Taxation And The Supreme Court: Toward A More Unified Approach To Constitutional Adjudication, Walter Hellerstein

Articles

No abstract provided.


Book Review (Reviewing Bruce M. Owen, Economics And Freedom Of Expression: Media Structure And The First Amendment (1975)), Richard A. Posner Jan 1977

Book Review (Reviewing Bruce M. Owen, Economics And Freedom Of Expression: Media Structure And The First Amendment (1975)), Richard A. Posner

Articles

No abstract provided.


Judicial Review Under Federal Pollution Laws, David P. Currie Jan 1977

Judicial Review Under Federal Pollution Laws, David P. Currie

Articles

No abstract provided.


Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond Jan 1977

Search For Sentencing Equity: Sentence Review In Massachusetts And Connecticut, Hans Zeisel, Shari Seldman Diamond

Articles

Grievances and restlessness among convicted prisoners led to legislation-in 1943 in Massachusetts, in 1957 in Connecticut-establishing sentence review boards composed of three judges of the trial courts of first instance. The authors explore in these two jurisdictions bow often and under what circumstances sentences are appealed and modified and what effect, if any, these modifications have on the sentencing practice in the trial courts. They also appraise the value of the Connecticut requirement that the review board state the reasons for its decisions. The authors explore the function of the review boards in the broader context of the need for …


Thoughts On Directed Verdicts And Summary Judgments, David P. Currie Jan 1977

Thoughts On Directed Verdicts And Summary Judgments, David P. Currie

Articles

No abstract provided.


Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia Jan 1977

Dues-Paying Practices Of Private Clubs - Discriminatory Practices Opinion: 77-55 Memorandum Opinion For The Solicitor Of The Department Of Labor: Appendix, Antonin Scalia

Articles

No abstract provided.


Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz Jan 1977

Support Orders, Church Courts, And The Rule Of Filius Nullius: A Reassessment Of The Common Law, Richard H. Helmholz

Articles

No abstract provided.


Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer Jan 1977

Escape From Liberalism: Fact And Value In Karl Llewellyn, Kenneth M. Casebeer

Articles

No abstract provided.


Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake Jan 1977

Distributions In Kind And The Dividends Paid Deduction--Conflict In The Circuits, Dwight Drake

Articles

The dividends paid deduction provided for in section 561 of the Internal Revenue Code is of vital importance to any corporation that is subject to the accumulated earnings tax or the personal holding company tax. Either of these taxes, if applicable, is imposed in addition to the federal income taxes otherwise payable by the corporation.

Since the accumulated earnings tax is substantial and the personal holding company tax is downright confiscatory, a corporation must do whatever is necessary legally to avoid paying these additional taxes. A corporation subject to either of the taxes generally can avoid them only by taking …


Legal Ethics And The Government Lawyer, Eric Schnapper Jan 1977

Legal Ethics And The Government Lawyer, Eric Schnapper

Articles

All litigation presents to some degree, real though not always perceived, a conflict between each attorney's responsibility as a representative of his or her client and as an officer of the court. Winning the case and seeing that justice is done must be inconsistent goals for counsel on at least one side in a case, if not on both. However substantial this problem may be regarded, it is certainly more complex for counsel for the government. Unlike a private attorney subject to dismissal for ignoring a client's wishes, counsel for the government often has, subject to the variables of intragovernmental …


Conflict Of Interest, Robert H. Aronson Jan 1977

Conflict Of Interest, Robert H. Aronson

Articles

The purpose of this article is to indicate situations in which conflict of interest problems most commonly arise and to suggest principles for avoiding such situations or resolving unavoidable conflicts. Part One presents an overview of the subject, with a discussion of general principles underlying conflict of interest problems. Part Two applies these general' principles to a number of frequently encountered problem areas. Throughout the discussion, the author approaches problem situations with a cautious eye. Not every court or grievance committee would impose discipline or invalidate a transaction for all the conflicts scrutinized herein; nevertheless, the possibility of such measures …


A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed Jan 1977

A Review Of The Proposed Michigan Rules Of Evidence, James K. Robinson, John W. Reed

Articles

On January 6, 1977, the Supreme Court of Michigan entered an order stating that it is considering adoption of the proposed Michigan Rules of Evidence which were submitted to the Court by the committee which it appointed in March 1975. The Court has solicited comments from interested persons regarding the proposed rules. A copy of the Supreme Court's order is published in this issue of the Bar Journal. The proposed rules are published in the January 26, 1977, issue of North Western Reporter, Second Series (Michigan Edition). The purpose of this article is to review in general the background and …