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Articles

1986

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Institution
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Articles 1 - 30 of 48

Full-Text Articles in Law

Francis A. Allen, Terrance Sandalow Dec 1986

Francis A. Allen, Terrance Sandalow

Articles

Writing a brief tribute to Frank Allen, a man I admire as much as any I have known, should have been easy and pleasurable. It has proved to be very difficult. The initial difficulty is the occasion for the tribute. Frank's decision to take early retirement from the University and to resettle in a warmer climate deprives the Sandalows of frequent contact with two of our favorite people. The act of writing requires an acceptance of that loss that I have not yet achieved. A second difficulty is that Frank has been an important influence in my life for ...


Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar Dec 1986

Francis A. Allen: 'Confront[Ing] The Most Explosive Problems' And 'Plumbing All Issues To Their Full Depth Without Fear Or Prejudice', Yale Kamisar

Articles

Frank Allen began his distinguished teaching career more than thirty-five years ago - at a time when, at more law schools than we like to remember, "the basic criminal law course was routinely assigned to the youngest and most vulnerable member of the faculty or to that colleague suspected of mild brain damage and hence incompetent to deal with courses that really matter."' That those of us who taught criminal law years later were warmly received by our colleagues is in no small measure a tribute to the quality of mind and character and intellectual energy of people like Allen, Herbert ...


Government Responsibility For Constitutional Torts, Christina B. Whitman Nov 1986

Government Responsibility For Constitutional Torts, Christina B. Whitman

Articles

This essay is about the language used to decide when governments should be held responsible for constitutional torts.' Debate about what is required of government officials, and what is required of government itself, is scarcely new. What is new, at least to American jurisprudence, is litigation against government units (rather than government officials) for constitutional injuries. 2 The extension of liability to institutional defendants introduces special problems for the language of responsibility. In a suit against an individual official it is easy to describe the wrong as the consequence of individual behavior that is inconsistent with community norms; the language ...


Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider Sep 1986

Free Speech And Corporate Freedom: A Comment On First National Bank Of Boston V. Bellotti, Carl E. Schneider

Articles

The corporation was born in chains but is everywhere free. That freedom was recently affirmed by the United States Supreme Court in First National Bank of Boston v. Bellotti. In Bellotti, the Court overturned a Massachusetts criminal statute forbidding banks and business corporations to make expenditures intended to influence referenda concerning issues not "materially affecting" the corporation's "property, business, or assets." In doing so, the Court confirmed its discovery that commercial speech is not unprotected by the first amendment and announced a novel doctrine that corporate speech is not unprotected by the first amendment. Although several years have passed ...


Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine Jan 1986

Integrity And Circumspection: The Labor Law Vision Of Bernard D. Meltzer, Theodore J. St. Antoine

Articles

Bernard Meltzer has testified under oath that he "rarely take[s] absolute positions." The record bears him out. While his colleagues among labor law scholars often strain to demonstrate that the labor relations statutes and even the Constitution support their hearts' desires, the typical Meltzer stance is one of cool detachment, pragmatic assessment, and cautious, balanced judgment. The "itch to do good," Meltzer has remarked wryly, "is a doubtful basis for jurisdiction" -or, he would likely add, for any other legal conclusion. In this brief commentary I propose to examine the Meltzer approach to four broad areas of labor law ...


An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson Jan 1986

An Overview Of The Law Of Professional Responsibility: The Rules Of Professional Conduct Annotated And Analyzed, Robert H. Aronson

Articles

This Article contains two parts with different purposes. The first part consists of an introduction and critique of the recently adopted Washington Rules of Professional Conduct. Some of the rules that differ from the Model Rules, that violate Constitutional requirements, or that inappropriately resolve competing policies are evaluated. Two of the most important areas—confidentiality and advertising—are treated separately and in-depth in student Survey Comments. The second part of this Article consists of an overview of the law of professional responsibility in Washington. It follows the organization and rule sequence of the RPC, with annotations, applications, and interpretations from ...


Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson Jan 1986

Law And Alaska Natives: The Warp And Woof Of A Field Of Law In Transition, Ralph W. Johnson

Articles

Reviewing Alaska Natives and American Laws, by David Case (1984).


The Myth Of The Classic Property Clause Doctrine, Dale Goble Jan 1986

The Myth Of The Classic Property Clause Doctrine, Dale Goble

Articles

No abstract provided.


Myth Of The Classic Property Clause Doctrine, Dale D. Goble Jan 1986

Myth Of The Classic Property Clause Doctrine, Dale D. Goble

Articles

No abstract provided.


Council And The Constitution: An Article On The Constitutionality Of The Northwest Power Planning Council, Dale Goble Jan 1986

Council And The Constitution: An Article On The Constitutionality Of The Northwest Power Planning Council, Dale Goble

Articles

No abstract provided.


Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun Jan 1986

Washington's Ballot Restriction For Minor Party Candidates: When Is A Primary Not A Primary?, Emily Calhoun

Articles

No abstract provided.


Of Lollipops And Law -- A Proposal For A National Policy Concerning Tender Offer Defenses, Ted J. Fiflis Jan 1986

Of Lollipops And Law -- A Proposal For A National Policy Concerning Tender Offer Defenses, Ted J. Fiflis

Articles

Early last year, Mesa Petroleum Company made a tender offer for shares of Unocal Corporation in an effort to take over Unocal. Unocal responded by using the "lollipop" defense, which is a discriminatory issuer self-tender offer. Unocal's use of this defense resulted in huge economic losses to many of Unocal's small shareholders who were not knowledgeable about the ramifications of their participation or non-participation in the tender offer. The Delaware Supreme Court upheld Unocal's use of this defense as an appropriate exercise of business judgment. A federal district court in California refused to strike down the lollipop ...


Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper Jan 1986

Statutes Of Limitations In Minnesota Choice Of Law: The Problematic Return Of The Substance-Procedure Distinction, Laura Cooper

Articles

Assume that you are an attorney seeking to determine the statute of limitations applicable in Minnesota to a case with multistate aspects. Perhaps you consult the Dunnell Minnesota Digest 2d, which states succinctly: "If a cause of action not arising in this state or accruing to a citizen thereof is barred by the law of another state it is barred here." 1 The encylopedia then states several corollary propositions for multistate cases with different fact patterns and provices numerous case citations in support of the propositions. What the reference unfortunately fails to tell you is that the legal propositions and ...


The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford Jan 1986

The Role Of The Ninth Circuit In The Development Of The Law Of Attempt To Monopolize, Daniel J. Gifford

Articles

The attempt clause 1 of the Sherman Antitrust Act deals with unilateral behavior which produces or is likely to produce significant anticompetitive consequences. Justice Holmes, in his classic statement of the attempt offense in Swift & Co. v. United States, 2 identified the elements of the offense as the defendant's intent to monopolize and the dangerous probability that the defendant would succeed. In the classic model of the offense, the defendant's intent resolves the ambiguity of the defendant's present behavior by showing that it is instrumental to the forbidden goal of monopolization.


International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney Jan 1986

International Legal Action Against Apartheid, David Weissbrodt, Georgina Mahoney

Articles

Apartheid in Southern Africa represents one of the greatest challenges, one of the greatest success stories, and one of the most frustrating defeats of the international human rights movement. This article first introduces international human rights and the in- ternational law of human rights-particularly as they relate to apartheid.Second, the article sketches the work of the Interna- tional Court of Justice, which has rendered three significant human rights decisions concerning Namibia. Having begun to dis- cuss Namibia, the article also examines the work of the Security Council, General Assembly, and other United Nations bodies con- cerning Namibia.


Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg Jan 1986

Hostile Share Acquisitions And Corporate Governance: A Framework For Evaluating Antitakeover Activities, John H. Matheson, Jon R. Norberg

Articles

In recent years, there has been a significant increase in the number of hostile share acquisitions of American businesses. The authors examine the validity of the various defensive measures employed by target companies to defeat or deter a hostile takeover bid. They argue that antitakeover activity should not be viewed as a separate subset of legal analysis; rather, it should be analyzed according to four traditional principles of corporate governance: (1) the discretion afforded corporate management by the business judgment rule; (2) the prohibition against discriminating between members of the same class of shareholders; (3) the prohibition against shifting control ...


Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase Jan 1986

Criminal Procedure In A Conservative Age: A Time To Rediscover The Critical Nonconstitutional Issues, Richard Frase

Articles

Criminal procedure is changing fast these days, but teachers of criminal procedure are not. Most of us have probably given considerable thought to the philosophical and doctrinal significance of the Supreme Court's increasingly conservative approach to constitutional issues, but have we thought about the broader pedagogic and professional implications of this major doctrinal shift? For me. the current conservative trend raises fundamental questions about the kinds of issues we should be addressing in our teaching, research, and public service activities. In particular. we need to start asking ourselves whether our traditional heavy emphasis on constitutional issues (which has been ...


The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt Jan 1986

The Three "Theme" Special Rapporteurs Of The Un Commission On Human Rights, David Weissbrodt

Articles

In March 1982, the United Nations Commission on Human Rights initiated the appointment of a Special Rapporteur on Summary or Arbitrary Executions. The Special Rapporteur on Summary or Arbitrary Executions has done far more than merely study that grave human rights problem; he has received complaints about impending and past executions, issued appeals to governments about threatened executions and the need to investigate past killings, and reported publicly on much of his activity. The Commission on Human Rights not only has renewed the Special Rapporteur on Summary or Arbitrary Executions in its subsequent annual sessions, but has followed this precedent ...


Freedom Of Speech As Therapy, Pierre Schlag Jan 1986

Freedom Of Speech As Therapy, Pierre Schlag

Articles

No abstract provided.


The Judge, Marianne Wesson Jan 1986

The Judge, Marianne Wesson

Articles

No abstract provided.


Does A Monopolist Have A Duty To Deal With Its Rivals? Some Thoughts On The Aspen Skiing Case, Arthur H. Travers, Jr. Jan 1986

Does A Monopolist Have A Duty To Deal With Its Rivals? Some Thoughts On The Aspen Skiing Case, Arthur H. Travers, Jr.

Articles

No abstract provided.


Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins Jan 1986

Does Mississippi's System For Financing Public Schools From "School Lands" Violate Federal Law?, Richard B. Collins

Articles

No abstract provided.


The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner Jan 1986

The Uniform Statutory Rule Against Perpetuities, Lawrence W. Waggoner

Articles

When the National Conference of Commissioners on Uniform State Laws recently approved the Uniform Statutory Rule Against Perpetuities, it may at long last have made perpetuity reform achievable in this country. Coming, as it does, on the heels of the 1981 promulgation of the Restatement (Second) of Property (Donative Transfers), which adopts the same general type of perpetuity reform, and having been unanimously endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers, the Uniform ...


The Controversy Concerning The Sotheby Sale, J. David Bleich Jan 1986

The Controversy Concerning The Sotheby Sale, J. David Bleich

Articles

No abstract provided.


Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David Gray Carlson Jan 1986

Reforming The Efficiency Criterion: Comments On Some Recent Suggestions, David Gray Carlson

Articles

No abstract provided.


The Exclusionary Rule: A Disputation, Peter Lushing Jan 1986

The Exclusionary Rule: A Disputation, Peter Lushing

Articles

No abstract provided.


Abortion: A Disputation, Peter Lushing Jan 1986

Abortion: A Disputation, Peter Lushing

Articles

No abstract provided.


Historical Aspects Of Legal Interpretation, Peter Goodrich Jan 1986

Historical Aspects Of Legal Interpretation, Peter Goodrich

Articles

No abstract provided.


Terrorism, Malvina Halberstam Jan 1986

Terrorism, Malvina Halberstam

Articles

No abstract provided.


Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller Jan 1986

Gift, Sale, Payment, Raid: Case Studies In The Negotiation And Classification Of Exchange In Medieval Iceland, William I. Miller

Articles

Near the end of Eyrbyggja saga Porir asks Ospak and his men where they had gotten the goods they were carrying. Ospak said that they had gotten them at Pambardal. "How did you come by them?" said Porir. Ospak answered, "They were not given, they were not paid to me, nor were they sold either." Ospak had earlier that evening raided the house of a farmer called Alf and made away with enough to burden four horses. And this was exactly what he told Porir when he wittily eliminated the other modes of transfer by which he could have acquired ...