Law Commons^™

Judging Foreign Judges Badly: Nose Counting Isn't Enough, John H. Langbein

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No abstract provided.

Land Without Plea Bargaining: How The Germans Do It, John H. Langbein

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No abstract provided.

Primary Line Injury Under The Robinson-Patman Act: The Development Of Standards And Erosion Of Enforcement, Daniel J. Gifford

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In the past it has been a most common practice of great and powerful combinations engaged in commerce-notably the Standard Oil Co., and the American Tobacco Co., and others of less notoriety, but of great in-fluence-to lower prices of their commodities, oftentimes below the cost of production in certain communities and sections where they had competition, with the intent to destroy and make unprofitable the busi-ness of their competitors, and with the ultimate purpose in view of thereby acquiring a monopoly in the particular locality or section in which the discriminating price is made. Every concern that engages in this …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein

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When William B. Lockhart resigned from the deanship of the University of Minnesota Law School in June 1972, a productive sixteen-year tenure came to an end. Guided in the early years by the recommendations of the 1955 Law School Self-Survey, Lockhart and his faculty achieved significant success in improving the school's relationship with the bar, in revitalizing the educational program, in improving the quality of the student body, and in maintaining the quality of the faculty. In the later years of his tenure, the law school successfully responded, under Lockhart's leadership, to a variety of challenges presented in the turbulence …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iv: The Pirsig Years -- A Time Of Transition, Robert Stein

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When Everett Fraser retired as Dean of the University of Minnesota Law School in June of 1948, he left to his successor a school ripe for change. The length and the strength of DeanFraser's administration,togetherwith the dramaticeffects of World WarII on the size and atmosphereof the school, had stifled the articulation andresolutionofseveralproblems.In theyearsfollowingFraser's retirement and the War's conclusion, issues long muted began to surface and developments long postponed began to require atten- tion. Through his seven-year administration,the new dean, May- nard E. Pirsig,preserved the school's traditionof excellence in its faculty and curriculum, while the groundwork was laid for the diffi- …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part V: The Lockhart Years -- A Time Of Achievement And Challenge, Robert Stein

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Following the long and successful administration of Dean Everett Fraser (1920-1948), the University of Minnesota Law School's fourth dean, Maynard E. Pirsig (1948-1955), presided over seven transitional years at the school. With a talent for attracting young faculty members of extraordinary quality, he did much to enhance the school's tradition of excellence. But, at the same time, his administration suffered from the tensions incident to a changing relationship between the faculty and the dean. In 1955, a faculty-drawn self-survey provided the impetus for a statement of a new division of responsibility between dean and faculty, which clearly articulated both the …

Exclusionary Rule: Reasonable Remarks On Unreasonable Search And Seizure, Yale Kamisar

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Can we live with the so-called exclusionary rule, which bars the use of illegally gained evidence in criminal trials? Can the Fourth Amendment live without it? A growing number of lawyers and judges, including Chief Justice Warren Burger, have called for abandonment of the rule, usually on the ground that it has not prevented illegal searches and seizures and on the ground that the rule has contributed significantly to the increase in crime. No one has convincingly demonstrated a causal link between the high rate of crime in America and the exclusionary rule, and I do not believe that any …

A Hard Look At Vermont Yankee: Environmental Law Under Close Scrutiny, William H. Rodgers, Jr.

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In Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. the Supreme Court unanimously reversed the District of Columbia Circuit in two cases that closely scrutinized decisions of the Nuclear Regulatory Commission and, in so doing, questioned settled habits of judicial review of administrative action affecting the environment. In this article Professor Rodgers analyzes four implications of Vermont Yankee—substantive judicial review under the National Environmental Policy Act, judicial imposition of procedures upon agencies beyond the statutory minima of the Administrative Procedure Act, the obligation of the agencies to consider alternatives in the environmental impact statement without regard to …

Government Appeals In Criminal Cases: The 1978 Decisions, Edward H. Cooper

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The statute allowing the government to appeal from some forms of trial court defeat in criminal cases, 18 U.S.C.A. § 3731, has a long and tangled history. In its 1970 opinion in United States v. Sisson 9ui the Supreme Court wrestled mightily with a difficult problem under the statute as it then stood, and invited Congress to amend "this awkward and ancient Act." Soon afterward the act was amended. It now provides in part that the government may appeal in a criminal case

from a decision, judgment, or order of a district court dismissing an indictment or information as to …

The Exclusionary Rule In Historical Perspective: The Struggle To Make The Fourth Amendment More Than 'An Empty Blessing', Yale Kamisar

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In the 65 years since the Supreme Court adopted the exclusionary rule, few critics have attacked it with as much vigor and on as many fronts as did Judge Malcolm Wilkey in his recent Judicature article, "The exclusionary rule: why suppress valid evidence?" (November 1978).

On The Relevance Of Philosophy To Law: Reflections On Ackerman's Private Property And The Constitution, Philip E. Soper

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To turn to moral philosophy these days for help in trying to decide "what to do" is a bit like turning to recipe books for help in a famine. One soon discovers that most philosophers avoid ultimate questions about actual choices in actual cases, preferring to concentrate instead on a preliminary problem: how to go about thinking about what to do. One also discovers that philosophers who have written about this preliminary problem of the structure of moral inquiry are neatly divided, as logically they must be, into precisely two camps: those who do and those who do not think …

Administrators And Teachers—An Uneasy But Vital Relationship, Theodore J. St. Antoine

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If William Faulkner could people a whole universe with the denizens of one atypical county in deepest Mississippi, I should be able to draw some general observations about the administration of teaching in American universities from my seven years' experience as dean of the Michigan Law School. But I lay no claim to Mr. Faulkner's powers of universalization, and so I shall begin with a few caveats about the peculiarities of legal education, about the ways we differ from undergraduate and graduate schools and even from other professional schools. My opinions can then be discounted accordingly.

A Defense Of The Exclusionary Rule, Yale Kamisar

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The exclusionary rule is being flayed with increasing vigor by a number of unrelated sources and with a variety of arguments. Some critics find it unworkable and resort to empirically based arguments. Others see it as the product of a belated and unwarranted judicial interpretation. Still others, uncertain whether the rule works, are confident that in some fashion law enforcement's hands are tied. Professor Yale Kamisar, long a defender of the exclusionary rule, reviews the current attacks on the rule and offers a vigorous rebuttal. He finds it difficult to accept that there is a line for acceptable police conduct …

Accelerated Depreciation—Tax Expenditure Or Proper Allowance For Measuring Net Income?, Douglas A. Kahn

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Since the 1950s, it has become fashionable to attack various provisions of the Internal Revenue Code by calling them "subsidies" rather than "proper" means of measuring taxable income. These "subsidies" through Code provisions have come to be referred to as "tax expenditures," a term coined by Professor Stanley Surrey in a speech he made as Assistant Secretary of the Treasury for Tax Policy on November 15, 1967. In that speech, Professor Surrey stated that our tax system often deliberately departs "from accepted concepts of net income," so that by granting exemptions, deductions, and credits that are not appropriate to an …

Allocation Of Scarce Goods Under Section 2-615 Of The Uniform Commercial Code: A Comparison Of Some Rival Models, James J. White

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Section 2-615 of the Uniform Commercial Code authorizes a contract seller to allocate goods in short supply when full performance has become commercially impracticable. Most of the cases under and commentary on that section have focused on the issue of commercial impracticability. The allocation aspects of the section have attracted much more modest attention in the cases and in the scholarly journals. The purpose of this article is to examine critically the allocation rule set out in section 2-615(b). That subsection authorizes a seller, upon a finding of commercial impracticability, to allocate "in any manner which is fair and reasonable." …

The Taxation Of Qualified Employee Plan Benefits: A Brief Stroll Through The "Statutory Thicket", Edward A. Zelinsky

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No abstract provided.

Civil Rights Litigation After Monell, Eric Schnapper

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This Article identifies the most important issues which must be dealt with after Monell v, Department of Social Services, 436 U.S. 658 (1978), and attempts to resolve them. Section I considers what rules and practices are "official acts, policies and customs" subjecting a government to suit under Monell. The second section analyzes the possible defenses available to a city; it concludes that the good faith immunity afforded to executive officials should not be extended to government entities, but that such entities should be afforded a somewhat narrower defense. Section III discusses the scope of injunctive relief available in …

The Effects Of Inflation On The Law Of Obligations In Argentina, Brazil, Chile And Uruguay, Keith S. Rosenn

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No abstract provided.

Book Review (Reviewing Oscar Shachter, Sharing The World's Resources (1977)), Gidon A. G. Gottlieb

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George Palmer, Terrance Sandalow

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I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy, generally …

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

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A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of my …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

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The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.

The Imperial Mandate, Philip B. Kurland

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The Attorney General: The Federal Government's Chief Lawyer And Chief Litigator, Or One Among Many?, Griffin B. Bell

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Article by U.S. Attorney General Griffin B. Bell (1977-1979) and United States Circuit Judge of the United States Court of Appeals for the Fifth Circuit (1961-1976) discussing the shifting responsibilities of the government lawyer in order improve the government's ability to respond to the needs of the people. Document includes handwritten notes and was originally published in the Fordham Law Review.

Private Property And The Constitution, Richard A. Epstein

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No abstract provided.

Wigmore's "Legal Novels" Expanded: A Collaborative Effort, Richard H. Weisberg, Karen L. Kretschman

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The article updates and expands John H. Wigmore's 1908 list of "legal novels," categorizing literary works based on their legal themes and interactions with the law. The authors argue that literature provides a critical lens for understanding legal principles, procedures, and their societal impact, emphasizing the importance of interdisciplinary approaches to legal scholarship.

Mistake, Disclosure, Information, And The Law Of Contracts, Anthony T. Kronman

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No abstract provided.

Pendent Parties, David P. Currie

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Restriction Of Speech Because Of Its Content: The Peculiar Case Of Subject-Matter Restrictions, Geoffrey R. Stone

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No abstract provided.

Human Cannonballs And The First Amendment: Zacchini V. Scripps-Howard Broadcasting Co., Douglas G. Baird

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No abstract provided.