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Articles

1985

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Institution
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Articles 1 - 30 of 100

Full-Text Articles in Law

Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner Aug 1985

Book Review (Reviewing Frederic Rogers Kellog, The Formative Essays Of Justice Holmes: The Making Of An American Legal Philosophy (1984) And H. L. Pohlman, Justice Oliver Wendell Holmes And Utilitarian Jurisprudence (1984)), Richard A. Posner

Articles

No abstract provided.


The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers Jun 1985

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people ...


Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper Jan 1985

Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper

Articles

This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were ...


Unreasonable Searches And Seizures Of Papers, Eric Schnapper Jan 1985

Unreasonable Searches And Seizures Of Papers, Eric Schnapper

Articles

This article argues that the Supreme Court's original view of the history and meaning of the fourth amendment was correct: seizures of papers were condemned in eighteenth-century England without respect to the validity of any underlying warrant, and the search and seizure clause thus embodies requirements independent of the warrant clause.

Part I discusses the eighteenth-century English decisions, including Entick, and concludes that the case law of that era had two separate branches. One branch forbade general warrants and led to the adoption of the warrant clause; the other, exemplified by Entick, prohibited the seizure of certain papers and ...


Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson Jan 1985

Czm In California, Oregon, And Washington, Richard G. Hildreth, Ralph W. Johnson

Articles

Twenty years ago coastal zone protection was merely a gleam in the eyes of a few west coast visionaries. A flurry of state and federal laws in the late 1960s and into the 1970s changed this. Today, broad coastal management programs are in place in all three west coast states, with a special one for San Francisco Bay. Each program is unique, and at the same time shares significant qualities with the others. This article identifies the major attributes of these four programs and offers insights into the strengths and weaknesses of each. In comparing and contrasting the four programs ...


Western Water Law In Transition, Charles F. Wilkinson Jan 1985

Western Water Law In Transition, Charles F. Wilkinson

Articles

No abstract provided.


Simultaneous Attachment Of Liens On After-Acquired Property, David Gray Carlson Jan 1985

Simultaneous Attachment Of Liens On After-Acquired Property, David Gray Carlson

Articles

No abstract provided.


Modern American Jurisprudence And The Problem Of Power, Arthur J. Jacobson Jan 1985

Modern American Jurisprudence And The Problem Of Power, Arthur J. Jacobson

Articles

No abstract provided.


The 1984 Cable Act: Prologue And Precedents, Daniel L. Brenner, Monroe E. Price Jan 1985

The 1984 Cable Act: Prologue And Precedents, Daniel L. Brenner, Monroe E. Price

Articles

No abstract provided.


Contention Disclosure And Corporate Takeovers, Charles M. Yablon Jan 1985

Contention Disclosure And Corporate Takeovers, Charles M. Yablon

Articles

No abstract provided.


The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon Jan 1985

The Indeterminacy Of The Law: Critical Legal Studies And The Problem Of Legal Explanation, Charles M. Yablon

Articles

No abstract provided.


Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson Jan 1985

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Articles

No abstract provided.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Articles

No abstract provided.


Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins Jan 1985

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Articles

No abstract provided.


Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Articles

No abstract provided.


Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy Jan 1985

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

Articles

No abstract provided.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Articles

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between ...


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Articles

No abstract provided.


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Articles

No abstract provided.


The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson Jan 1985

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Articles

No abstract provided.


The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland Jan 1985

The Original Understanding Of The Freedom Of The Press Provision Of The First Amendment, Philip B. Kurland

Articles

No abstract provided.


The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt Jan 1985

The History Of Statutory Interpretation: A Study In Form And Substance, William S. Blatt

Articles

No abstract provided.


Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael Chiorazzi Jan 1985

Tax Reform During President Reagan’S First Four Years: A Selective Bibliography, Michael Chiorazzi

Articles

No abstract provided.


Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer Jan 1985

Teaching An Old Dog Old Tricks: Coppage V. Kansas And At-Will Employment Revisited, Kenneth M. Casebeer

Articles

No abstract provided.


Interest Groups In American Public Law, Cass R. Sunstein Jan 1985

Interest Groups In American Public Law, Cass R. Sunstein

Articles

No abstract provided.


The Uncertain Quest For Welfare Rights, Richard A. Epstein Jan 1985

The Uncertain Quest For Welfare Rights, Richard A. Epstein

Articles

No abstract provided.


Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton Jan 1985

Manners, Metaprinciples, Metapolitics And Kennedy's Form And Substance, William Wilson Bratton

Articles

No abstract provided.


On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen Jan 1985

On The Social Significance Of Large Law Firm Practice, Robert A. Kagan, Robert E. Rosen

Articles

No abstract provided.


Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Articles

No abstract provided.


The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda Jan 1985

The Appraisal Remedy And The Goals Of Corporate Law, Saul Levmore, Hideki Kanda

Articles

No abstract provided.