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Articles 10171 - 10200 of 11528
Full-Text Articles in Law
The Rights Of Parents, Robert Levy
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
The Literature Labyrinth Of Nuclear Power: A Bibliography, Penny Hazelton
Articles
The first part is a survey of the basic sources available to a person researching a problem on nuclear power. Three forms are discussed—bibliographies, U.S. government documents, and current awareness materials. The second portion is a selection of significant books on nuclear power and the law published since 1960. The third and final portion is a subject arrangement of law review articles published between 1957 and 1975. Used in conjunction with Atomic Energy and the Law: A Bibliography and Blueprint for Atomic Energy Literature: Legislative and Legal, this survey and bibliography will give the researcher a lead to the …
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part Ii, Yale Kamisar
Articles
There have been and there will continue to be compelling circumstances when a doctor or relative or friend will violate The Law On The Books and, more often than not, receive protection from The Law In Action. But this is not to deny that there are other occasions when The Law On The Books operates to stay the hand of all concerned, among them situations where the patient is in fact ( 1 ) presently incurable, ( 2) beyond the aid of any respite which may come along in his life expectancy, suffering ( 3 ) intolerable and ( 4) …
Trends In The Law Of Damages, John W. Reed
Trends In The Law Of Damages, John W. Reed
Articles
The law of damages deals with the process of translating harm into dollars. It is not, however, a coherent body of knowledge. Rather, it consists of an amalgam of many concepts and rules having to do with fundamental policy questions about loss-shifting, risk-spreading, and allocation of functions between judge and jury. Because damages is a "non-subject," little attention is paid to it in law school curricula and there is little writing about it. As one commentator put it, the law of damages "plods its way, ignored by academicians and 'accepted' by the courts. . . . The 'winds of change' …
Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns
Juvenile Obscenity Statutes: A Proposal And Analysis, Jerold H. Israel, Rita Ann Burns
Articles
The article that follows is based largely upon a Study Report on juvenile obscenity statutes prepared for the Michigan Law Revision Commission. The objectives of the Report were (1) to analyze the various issues presented in drafting a juvenile obscenity provision, (2) to survey the treatment of those issues in statutes adopted by various states and statutes proposed by several distinguished commissions, and (3) to propose a comprehensive model statute that offers a choice of alternative provisions on key areas of controversy. Certain limitations placed upon the scope of the Report (and this article) should be noted. First, we were …
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
The Jury And The English Law Of Homicide, 1200-1600, Thomas A. Green
Articles
The early English jury was self-informing and composed of persons supposed to have first-hand knowledge of the events and persons in question. The judge instructed the jury on the law, but was himself almost entirely dependent upon the jury for his knowledge of the case. By stating the evidence in a way that made the result it wanted a necessary conclusion, the medieval jury was able to alter the impact of formal rules of law to conform with prevailing social attitudes.
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Citizen Access To Judicial Review Of Administrative Action In A Transnational And Federal Context, Eric Stein, Joseph Vining
Articles
In an international legal order dominated by states, the individual citizen is generally viewed as lacking international legal personality. It is true with little exception that an individual cannot appear in an international forum, political or judicial, to press his rights. Despite the dramatically increased emphasis upon international protection of basic human rights, individuals have been given access to international dispute-settlement machinery in only a few isolated instances within the United Nations system, and on a regional level pursuant to the European Convention on Human Rights. The Paris Treaty establishing the European Coal and Steel Community (ECSC) and the Rome …
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Connell: Antitrust Law At The Expense Of Labor Law, Theodore J. St. Antoine
Articles
From the outset, the difficulty in applying the antitrust concept to organized labor has been that the two are intrinsically incompatible. The antitrust laws are designed to promote competition, and unions, avowedly and unabashedly, are designed to limit it. According to classical trade union theory, the objective is the elimination of wage competition among all employees doing the same job in the same industry. Logically extended, the policy against restraint of trade must condemn the very existence of labor organizations, since their minimum aim has always been the suppression of any inclination on the part of working people to offer …
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Affirmative Action: Hypocritical Euphemism Or Noble Mandate?, Theodore J. St. Antoine
Articles
Title VII of the Civil Rights Act of 1964 was adopted in an atmosphere of monumental naivete. Congress apparently believed that equal employment opportunity could be achieved simply by forbidding employers or unions to "discriminate" on the basis of "race, color, religion, sex, or national origin," and expressly disavowed any intention to require "preferential treatment." Perhaps animated by the Supreme Court's stirring desegregation decisions of the 1950's, the proponents of civil rights legislation made "color-blindness" the rallying cry of the hour. Today we know better. The dreary statistics, so familiar to anyone who works in this field, tell the story. …
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Some Non-Religious Views Against Proposed 'Mercy-Killing' Legislation Part I, Yale Kamisar
Articles
In essence, Williams' specific proposal is that death be authorized for a person in the above situation "by giving the medical practitioner a wide discretion and trusting to his good sense." This, I submit, raises too great a risk of abuse and mistake to warrant a change in the existing law. That a proposal entails risk of mistake is hardly a conclusive reason against it. But neither is it irrelevant. Under any euthanasia program the consequences of mistake, of course, are always fatal. As I shall endeavor to show, the incidence of mistake of one kind or another is likely …
Bad News And Good News, John W. Reed
Bad News And Good News, John W. Reed
Articles
I have been asked to visit with you about some of my current interests in the evidence field, in which I teach. When you invite an academic lawyer to speak at your meeting, you obviously expect of him something other than the latest hot tips on trial strategy and tactics, something other than a speech entitled "Reflections on My Last Eleven Victories in Court." Others can do that for you, probably at lunch - or, even better, at cocktails with the successes more impressive and the defeats more forgivable under the influence of an ounce or two of alcohol.
In The Halls Of Ivy: Legal Robots, Lester Brickman
In The Halls Of Ivy: Legal Robots, Lester Brickman
Articles
The article argues that law schools must move beyond traditional theoretical education to incorporate clinical training, emphasizing the development of practical skills like client counseling and emotional competence. It highlights the gap between intellectual learning and real-world client interactions, advocating for a more holistic approach to legal education.
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Transcript Of Conference Proceedings, Lester Brickman, Richard O. Lempert
Articles
The transcript examines the challenges and opportunities in improving legal services delivery to middle-class consumers, emphasizing the need for structural changes and enhanced client-lawyer interactions. It advocates for a shift from merely increasing the number of lawyers to empowering clients through better problem definition, shared decision-making, and measurable outcomes. The discussion highlights the importance of understanding legal needs, the role of intermediaries, and the potential of alternative dispute resolution mechanisms. Cost-effectiveness, the impact of third-party payments, and the integration of paralegals are also central themes.
Foreword, Lester Brickman, Richard O. Lempert
Foreword, Lester Brickman, Richard O. Lempert
Articles
The forword highlights the significant concern over unmet legal needs among low and middle-income populations, emphasizing the fragmented and inefficient state of research in this area. It argues that the lack of coordination among studies, inconsistent terminology, and duplication of efforts hinder progress. The authors propose a coordinated approach to identify research gaps, set priorities, and improve the delivery of legal services.
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Professional Responsibility: Education And Enforcement, Robert H. Aronson
Articles
The fallout from the Watergate scandals has had a profound effect upon the legal profession because many of the prominent offenders were attorneys. The severity of the conduct involved and the suspicion that the activities publicized represent merely the tip of the iceberg have caused the American Bar Association, state and local bar committees, and law schools to seek new ways of educating prospective lawyers with respect to their ethical duties, and to seek more effective sanctions against ethically deficient attorneys. It is ironic, however, that increased awareness and activity in the area of legal ethics should be motivated by …
Book Review (Reviewing James Conway Davies, Catalogue Of The Manuscripts In The Library Of The Honourable Society Of The Inner Temple (1972)), John H. Langbein
Book Review (Reviewing James Conway Davies, Catalogue Of The Manuscripts In The Library Of The Honourable Society Of The Inner Temple (1972)), John H. Langbein
Articles
No abstract provided.
Enforcement Under The Illinois Pollution Law, David P. Currie
Enforcement Under The Illinois Pollution Law, David P. Currie
Articles
No abstract provided.
Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr.
Comment On The Coal Lease Forfeiture Decision: The Hypothetical Case Of United States V. Peabody Coal Co., William H. Rodgers, Jr.
Articles
This Comment will (1) summarize the antitrust litigation that put Peabody in jeopardy of losing its leases under section 27 of the Mineral Lands Leasing Act of 1920, and (2) criticize the decision of the Justice Department to forego a test case, thus drastically narrowing by administrative fiat the coal lease forfeiture provisions of the Mineral Lands Leasing Act.
Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz
Writs Of Prohibition And Ecclesiastical Sanctions In The English Courts Christian, Richard H. Helmholz
Articles
No abstract provided.
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
The Supreme Court, The Defense Attorney, And The Guilty Plea, Albert Alschuler
Articles
No abstract provided.
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Judicial Review Of Federal Administrative Action: Quest For The Optimum Forum, David P. Currie, Frank I. Goodman
Articles
Professors Currie and Goodman present a comprehensive analysis of the variables that must be isolated and weighed in determining the optimum forum for judicial review of administrative action. While the backdrop for this study is the caseload crisis presently confronting the federal courts of appeals, their discussion illuminates the requisites for optimum judicial review generally. Failing to perceive any compelling reason to single out administrative cases for review in separate courts, the authors argue against the creation of special administrative appeals courts. Even if such courts were to enjoy broad subject matter jurisdiction over the most demanding aspects of the …
Rulemaking Under The Illinois Pollution Law, David P. Currie
Rulemaking Under The Illinois Pollution Law, David P. Currie
Articles
No abstract provided.
Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper
Responses To Louis Henkin's 'A More Effective System For Foreign Relations: The Constitutional Framework', Gerhard Casper
Articles
No abstract provided.
Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner
Oligopolistic Pricing Suits, The Sherman Act, And Economic Welfare: A Reply To Professor Markovits, Richard A. Posner
Articles
No abstract provided.
Division Of Marital Property, Max Rheinstein
Antitrust Policy And The Supreme Court: An Analysis Of The Restricted Distribution, Horizontal Merger And Potential Competition Decisions, Richard A. Posner
Antitrust Policy And The Supreme Court: An Analysis Of The Restricted Distribution, Horizontal Merger And Potential Competition Decisions, Richard A. Posner
Articles
No abstract provided.
The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner
The Rights Of Creditors Of Affiliated Corporations, Richard A. Posner
Articles
No abstract provided.
The Economic Approach To Law, Richard A. Posner
The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel
The Use Of Government Judgments In Private Antitrust Litigation: Clayton Act Section 5(A), Collateral Estoppel, And Jury Trial, Daniel R. Fischel
Articles
No abstract provided.
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Sentencing Councils: A Study Of Sentence Disparity And Its Reduction, Hans Zeisel, Shari Seldman Diamond
Articles
No abstract provided.