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Full-Text Articles in Law

Comment On Warth V. Seldin, Terrance Sandalow Jan 1975

Comment On Warth V. Seldin, Terrance Sandalow

Articles

Although Warth v. Seldin is carefully cast in procedural terms, its significance is substantive. The real meaning of the decision is that the U.S. Supreme Court is not prepared to read into the federal constitution a limitation on suburban zoning power like that which the New Jersey Supreme Court read into the state constitution in Mt. Laurel. Warth is, thus, the Court’s most recent rebuff of the varied efforts to use the fourteenth amendment as a weapon against the inegalitarian consequences of metropolitan fragmentation. Those who see in the vague language of that amendment a remedy for every social ill …


A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle Jan 1975

A Definition Of "Liabilities" In Code Sections 357 And 358(D), Douglas A. Kahn, Dale A. Oesterle

Articles

Internal Revenue Code section 351(a) provides that no gain or loss shall be recognized if property is transferred to a corporation solely in exchange for its stock or securities and the transferors control the corporation immediately after the exchange. If, in addition to receiving stock or securities in an exchange that would otherwise qualify for section 351 treatment, a transferor receives other property or money -- "boot" -- any realized gain is recognized up to the amount of the money and the fair market value of the other property received. The transferee corporation's assumption of the transferor's liabilities or its …


The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey Jan 1975

The Realities Of Prisoners' Cases Under 42 U.S.C. § 1983: A Statistical Survey In The Northern District Of Illinois, William S. Bailey

Articles

The purpose of this article is to examine how prisoner section 1983 claims are treated, on a day to day basis, in the United States District Court for the Northern District of Illinois. To this end, all of the available prisoner section 1983 cases filed in the Northern District of Illinois Eastern Division in the years 1971 and 1973 have been reviewed. This material provides the data base for an analysis of the following issues: the veracity of the burden on the courts argument; the variations in the level of consideration given to different categories of prisoner section 1983 claims; …


The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman Jan 1975

The Third United Nations Conference On The Law Of The Sea: The 1975 Geneva Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.


The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman Jan 1975

The Third United Nations Conference On The Law Of The Sea: The 1974 Caracas Session, John R. Stevenson, Bernard Oxman

Articles

No abstract provided.


Preferential Policies In Hiring And Admissions, James W. Nickel Jan 1975

Preferential Policies In Hiring And Admissions, James W. Nickel

Articles

No abstract provided.


Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn Jan 1975

Expropriation In Argentina And Brazil: Theory And Practice, Keith S. Rosenn

Articles

No abstract provided.


The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton Jan 1975

The Preemption Doctrine: Shifting Perspectives On Federalism And The Burger Court, William Wilson Bratton

Articles

No abstract provided.


Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel Dec 1974

Legislative Regulation Of Searches And Seizures: The Michigan Proposals, Jerold H. Israel

Articles

IN March 1971, the Michigan Bar Commissioners appointed a twenty-five-member committee with a directive "to promulgate a recommended revision of the Code of Criminal Procedure codifying existing statutory and case law provisions which, in the judgment of the Committee, should be retained and adding thereto such provisions as the Committee, in its judgment, deems warranted; and to incorporate such recommendations into proposed legislation for submission to the Legislature."' The committee membership included judges, prosecutors, legislators, criminal defense lawyers, law school professors, and representatives of Michigan police and corrections agencies.2 Judge Horace Gilmore served as Chairman, and I served as Reporter.


Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar Nov 1974

Kauper's 'Judicial Examination Of The Accused' Forty Years Later—Some Comments On A Remarkable Article, Yale Kamisar

Articles

For a long time before Professor Paul Kauper wrote "Judicial Examination of the Accused" in 1932, and for a long time thereafter, the "legal mind" shut out the de facto inquisitorial system that characterized American criminal procedure. Paul Kauper could not look away. He recognized the "naked, ugly facts" (p. 1224) and was determined to do something about them -more than thirty years before Escobedo v. Illinois' or Miranda v. Arizona.2


Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel Jun 1974

Selection Of Topics And Methods For Law And Social Sciences Research, Hans Zeisel

Articles

No abstract provided.


The Fate Of An Idea Whose Time Has Come: Antidiscrimination Law In The Second Decade After Brown V. Board Of Education, Owen M. Fiss Jan 1974

The Fate Of An Idea Whose Time Has Come: Antidiscrimination Law In The Second Decade After Brown V. Board Of Education, Owen M. Fiss

Articles

No abstract provided.


Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox Jan 1974

Defunis Is Moot - The Issue Is Not, Philip B. Kurland, Alexander M. Bickel, Archibald Cox

Articles

No abstract provided.


Controlling Prosecutorial Discretion In Germany, John H. Langbein Jan 1974

Controlling Prosecutorial Discretion In Germany, John H. Langbein

Articles

No abstract provided.


The Defense Attorney's Role In Plea Bargaining, Albert Alschuler Jan 1974

The Defense Attorney's Role In Plea Bargaining, Albert Alschuler

Articles

No abstract provided.


Exclusionary Practices And The Antitrust Laws, Richard A. Posner Jan 1974

Exclusionary Practices And The Antitrust Laws, Richard A. Posner

Articles

No abstract provided.


Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood Jan 1974

Coordinating The Epa, Nepa, And The Clean Air Act, Diane P. Wood

Articles

No abstract provided.


Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel Jan 1974

Clearcutting: Can You See The Forest For The Trees?, James E. Bernstein, Penny Hazelton, Dennis J. Hubel

Articles

The Organic Act of 1897 provided for the establishment and ,management of the national forest and park lands. In West Virginia Division of the Izaak Walton League v. Butz the United States District Court, applying the "plain meaning" of the Organic Act, permanently enjoined clearcutting on the Monongahela National Forest of West Virginia. The meaning of isolated words, however, is rarely determinative of Congressional intent. This article will demonstrate the shortcomings of the court's decision through an examination of the doctrines of statutory construction and analysis of the legislative history and administrative interpretation of the Act and by addressing the …


Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland Jan 1974

Jurisdiction Of The United States Supreme Court: Time For A Change, Philip B. Kurland

Articles

No abstract provided.


Postscript To A Note On Trust Powers After Termination, Bernard D. Meltzer Jan 1974

Postscript To A Note On Trust Powers After Termination, Bernard D. Meltzer

Articles

No abstract provided.


The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer Jan 1974

The National Labor Relations Act And Racial Discrimination: The More Remedies, The Better?, Bernard D. Meltzer

Articles

No abstract provided.


The New Supreme Court, Philip B. Kurland Jan 1974

The New Supreme Court, Philip B. Kurland

Articles

No abstract provided.


United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland Jan 1974

United States V. Nixon: Who Killed Cock Robin, Philip B. Kurland

Articles

No abstract provided.


Watergate, Impeachment, And The Constitution, Philip B. Kurland Jan 1974

Watergate, Impeachment, And The Constitution, Philip B. Kurland

Articles

No abstract provided.


Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond Jan 1974

Convincing Empirical Evidence On The Six Member Jury, Hans Zeisel, Shari Seldman Diamond

Articles

No abstract provided.


Reflections On Experimental Techniques In The Law, Hans Zeisel Jan 1974

Reflections On Experimental Techniques In The Law, Hans Zeisel

Articles

No abstract provided.


Hans, Harry Kalven Jr. Jan 1974

Hans, Harry Kalven Jr.

Articles

No abstract provided.


The Absolute Priority Doctrine In Corporate Reorganizations, Walter J. Blum, Stanley A. Kaplan Jan 1974

The Absolute Priority Doctrine In Corporate Reorganizations, Walter J. Blum, Stanley A. Kaplan

Articles

No abstract provided.


A Reply To Chesterfield Smith, Soia Mentschikoff Jan 1974

A Reply To Chesterfield Smith, Soia Mentschikoff

Articles

No abstract provided.


Book Review (Reviewing J.S. Cockburn, A History Of English Assizes 1558-1714 (1972)), John H. Langbein Jan 1974

Book Review (Reviewing J.S. Cockburn, A History Of English Assizes 1558-1714 (1972)), John H. Langbein

Articles

No abstract provided.