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Articles

1982

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Institution
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Articles 1 - 30 of 80

Full-Text Articles in Law

Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland Nov 1982

Book Review (Reviewing G. Edward White, Earl Warren: A Public Life (1982)), Philip B. Kurland

Articles

No abstract provided.


The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support ...


Law As Language: Reading Law And Reading Literature, James Boyd White Mar 1982

Law As Language: Reading Law And Reading Literature, James Boyd White

Articles

The lawyer and the literary critic, as readers of texts, face difficulties and enjoy opportunities that are far more alike than may seem at first to be the case: in a deep sense, I believe, they are the same. The lawyer must read the statutes, cases, and other documents that it is his task to understand, to interpret, and to make real in the world. This is essential to his work. Of course, he is not only a reader but a writer as well; his kind of reading completes itself only in the process of speech and writing by which ...


Two Categories Of Discriminatory Intent, Eric Schnapper Jan 1982

Two Categories Of Discriminatory Intent, Eric Schnapper

Articles

This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus ...


Book Review, Howard C. Klemme Jan 1982

Book Review, Howard C. Klemme

Articles

No abstract provided.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.


International Trial Observers, David Weissbrodt Jan 1982

International Trial Observers, David Weissbrodt

Articles

Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.


Preface: On Natural Resources As An Area Of The Law, David H. Getches Jan 1982

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Articles

No abstract provided.


Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches Jan 1982

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Articles

No abstract provided.


Judicial Review And The President's Statutory Powers, Harold H. Bruff Jan 1982

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Articles

No abstract provided.


Book Review, Charles F. Wilkinson Jan 1982

Book Review, Charles F. Wilkinson

Articles

No abstract provided.


Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson Jan 1982

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Articles

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Articles

No abstract provided.


Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel Jan 1982

Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel

Articles

No abstract provided.


Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein Jan 1982

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Articles

No abstract provided.


Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I ...


Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory ...


George J. Stigler: An Appreciation, Ronald H. Coase Jan 1982

George J. Stigler: An Appreciation, Ronald H. Coase

Articles

No abstract provided.


Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland Jan 1982

Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Philip B. Kurland

Articles

No abstract provided.


Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie Jan 1982

Constitution In The Supreme Court: The Powers Of The Federal The Courts, 1801-1835, David P. Currie

Articles

No abstract provided.


Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner Jan 1982

Toward An Economic Theory Of Federal Jurisdiction, Richard A. Posner

Articles

No abstract provided.


Is There A Ratchet In Antitrust Law?, Frank H. Easterbrook Jan 1982

Is There A Ratchet In Antitrust Law?, Frank H. Easterbrook

Articles

No abstract provided.


Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Richard A. Posner Jan 1982

Book Review (Reviewing Michael E. Parrish, Felix Frankfurter And His Times: The Reform Years (1982)), Richard A. Posner

Articles

No abstract provided.


Advances And Altered Perspectives In English Legal History, Richard H. Helmholz Jan 1982

Advances And Altered Perspectives In English Legal History, Richard H. Helmholz

Articles

No abstract provided.


Support Your Local Professor Of Administrative Law, Antonin Scalia Jan 1982

Support Your Local Professor Of Administrative Law, Antonin Scalia

Articles

No abstract provided.


The Social Consequences Of Common Law Rules, Richard A. Epstein Jan 1982

The Social Consequences Of Common Law Rules, Richard A. Epstein

Articles

In the past decade, commentators applying both economic and historical methods to the study of the classical common law have explicitly or implicitly made sweeping claims for the system's ability to allocate or redistribute substantial shares of wealth. In this Article, Professor Epstein challenges the assumption that the fundamental doctrines of the common law can have a decisive effect on the flow of resources in society. He calls attention to the constraints placed upon the system by the generality of its rules, the prospectively indeterminate alignment of economically interested parties, the expenses of adjudication, and the divergent social beliefs ...


The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel Jan 1982

The Verdict Of Five Out Of Six Civil Jurors: Constitutional Problems, Hans Zeisel

Articles

A criminal jury of fewer than 6 members and a jury in which 5 out of 6 can find a verdict were held unconstitutional by the U.S. Supreme Court for failing to meet the requirements of due process as mandated by the Fourteenth Amendment. In four states-Michigan is one of them-the 5 out of 6jury is the standard civil jury. Two questions are raised: first, whether such a jury violates the Michigan state constitution; second, whether such a 5 out of 6 civil jury violates the federal Constitution even though the civil jury is not protected by the Fourteenth ...


Bramblebush Revisited, Donald L. Burnett Jr. Jan 1982

Bramblebush Revisited, Donald L. Burnett Jr.

Articles

No abstract provided.


The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler Jan 1982

The Search For Truth Continued, The Privilege Retained: A Response To Judge Frankel, Albert Alschuler

Articles

No abstract provided.