Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles

Discipline
Institution
Keyword
Publication Year
Publication Type
File Type

Articles 10381 - 10410 of 11501

Full-Text Articles in Law

The Empty Cabinet Of Dr. Calabresi - Auto Accidents And General Deterrence, Walter J. Blum, Harry Kalven Jr. Jan 1967

The Empty Cabinet Of Dr. Calabresi - Auto Accidents And General Deterrence, Walter J. Blum, Harry Kalven Jr.

Articles

No abstract provided.


The Reasonable Man And The First Amendment: Hill, Butts, And Walker, Harry Kalven Jr. Jan 1967

The Reasonable Man And The First Amendment: Hill, Butts, And Walker, Harry Kalven Jr.

Articles

No abstract provided.


Upon Rereading Mr. Justice Black On The First Amendment, Harry Kalven Jr. Jan 1967

Upon Rereading Mr. Justice Black On The First Amendment, Harry Kalven Jr.

Articles

No abstract provided.


Consumer Legislation And The Poor, Eric Schnapper Jan 1967

Consumer Legislation And The Poor, Eric Schnapper

Articles

No abstract provided.


The Japan-United States Salmon Conflict, Ralph W. Johnson Jan 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the International Convention for High Seas Fisheries of the North Atlantic Ocean (the Tripartite Treaty) and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key issues that form the focal points of the disagreement.

Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle …


Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr. Jan 1967

Recreational Rights And Titles To Beds On Western Lakes And Streams, Ralph W. Johnson, Russell A. Austin Jr.

Articles

What rights do riparians, their licensees, and the public have to use the small lakes and streams of the West when the beds are privately owned? This is the question which this Article attempts to answer. However, to do this, an analysis had to be made of which lake and stream beds were privately owned. Thus, the Article covers both the questions of title to beds and rights of surface use. This Article represents the first time that an effort has been made to systematically and comprehensively survey the lake and stream surface use cases of the Western part of …


The Japan-United States Salmon Conflict, Ralph W. Johnson Jan 1967

The Japan-United States Salmon Conflict, Ralph W. Johnson

Articles

This article will briefly describe the events that followed the signing of the Tripartite Treaty and the recent negotiations attempting to replace or modify that treaty. After describing the current state of negotiations between Japan and the United States, the article will then examine several key isues that form the focal points of the disagreement.6 Was Japan coerced into signing the Tripartite Treaty in 1952? What is the meaning of the Protocol and the abstention line at longitude 1750 W.? What is the standing of the abstention principle in international law? What are the policy arguments for and against abstention, …


Women In The Law, James J. White Jan 1967

Women In The Law, James J. White

Articles

IN 1869 Belle A. Mansfield, reputedly the first female lawyer admitted to practice in the United States, was admitted to the state bar of Iowa. Others soon followed her and this dribble of women entering the legal profession has grown to a persistent and continuous trickle in the twentieth century, but it shows no signs of becoming a flood. At last count approximately 7,000 out of America's 300,000 listed lawyers were women. Since the practice of law-even in the most masculine and aggressive Perry Mason style-does not require a strong back, large muscles, or any of the other peculiarly male …


The Citizen On Trial: The New Confession Rules, Yale Kamisar Jan 1967

The Citizen On Trial: The New Confession Rules, Yale Kamisar

Articles

Commenting on why it has taken the United States so long to apply "the privilege against self-incrimination and the right to counsel to the proceedings in the stationhouse as well as to those in the courtroom" - as the Supreme Court did in Miranda v. Arizona - this author notes that, "To a large extent this is so because here, as elsewhere, there has been a wide gap between the principles to which we aspire and the practices we actually employ."


Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow Jan 1967

Evolving Judicial Attitudes Toward Local Government Land Use Control, Terrance Sandalow

Articles

The year 1967 begins the second half-century of zoning in the United States. The first comprehensive zoning ordinance was adopted by New York City in 1916. In the fifty years that have elapsed, zoning has become, notwithstanding a growing disenchantment with it on the part of planners, the most widely employed technique of land use control in the United States. At the present time only Houston, of all the major cities in the United States, lacks a zoning ordinance. And, though I have not obtained precise figures, we are all familiar with the increasingly large per centage of small municipalities, …


Ann Arbor And Legal Aid, James J. White Jan 1967

Ann Arbor And Legal Aid, James J. White

Articles

Since the leasing of its office in August 1965, the Washtenaw County Legal Aid Society has been open nearly 50 hours per week and has been staffed exclusively by second and third-year law students from the University of Michigan Law School. The bulk of the practice has been in family law--divorce, support, custody--but there have been a substantial number of creditor-debtor cases, a handful of misdemeanor defense cases, and a large batch of miscellaneous cases.


The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White Jan 1967

The Lawyer As A Negotiator: An Adventure In Understanding And Teaching The Art Of Negotiation, James J. White

Articles

In the fall of 1965 we enlisted experience as a teacher in an experimental seminar called "The Lawyer as a Negotiator." We gave the students experience not by simulation but by making them negotiate with one another for their grades in the course. In this as in many other "experience" courses the teaching supplement consisted of readings and of classroom participation by the students and teachers. However the supplement differed from the standard trials and appeals or legal writing course in that a psychiatrist was a full partner in the teaching and in the discussion and analysis of the student …


Some Petty Complaints About Article Three, James J. White Jan 1967

Some Petty Complaints About Article Three, James J. White

Articles

IN many ways Article Three of the Uniform Commercial Code (Code) is like a huge machine assembled by a mad inventor and comprised of assorted sprockets, gears, levers, pulleys, and belts. Few thoroughly understand all of the jobs which this machine is to perform; and a search through the reported cases suggests that the machine is either performing so efficiently that it commits no mistakes worth litigating or it is not performing at all. In their study of the intricacies of Article Three, law students resemble persons climbing about on the machine-pulling its levers, testing its belts and pulleys, and …


The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson Aug 1966

The Canada-United States Controversy Over The Columbia River, Ralph W. Johnson

Articles

In a comprehensive study of the recent dispute between Canada and the United States over the Columbia River, Professor Johnson traces its history through the birth of the Harmon doctrine in 1898, the signing of the Boundary Waters Treaty in 1909, and the first Canadian claim to downstream benefits in the early 1950's. Against this background, he analyzes the negotiations and events—particularly the Canadian proposals to divert the Columbia into the Fraser, and to develop the Peace River instead of the Columbia—that culminated in the Columbia River Treaty in 1961. Before Canadian ratification of the Treaty, however, additional problems presented …


Politics And The Constitution: Federal Aid To Parochial Schools, Philip B. Kurland Jan 1966

Politics And The Constitution: Federal Aid To Parochial Schools, Philip B. Kurland

Articles

No abstract provided.


For M.P.S., Harry Kalven Jr. Jan 1966

For M.P.S., Harry Kalven Jr.

Articles

No abstract provided.


Aaron Director: A Personal Appreciation, Bernard D. Meltzer Jan 1966

Aaron Director: A Personal Appreciation, Bernard D. Meltzer

Articles

No abstract provided.


De Tocqueville And The Role Of The Lawyer In Society, Phil C. Neal Jan 1966

De Tocqueville And The Role Of The Lawyer In Society, Phil C. Neal

Articles

No abstract provided.


Laird Bell, Edward Hirsch Levi Jan 1966

Laird Bell, Edward Hirsch Levi

Articles

No abstract provided.


Suitcase Divorce In The Conflict Of Laws: Simons, Rosenstiel, And Borax, David P. Currie Jan 1966

Suitcase Divorce In The Conflict Of Laws: Simons, Rosenstiel, And Borax, David P. Currie

Articles

No abstract provided.


The Multiple Personality Of The Dead: Executors, Administrators, And The Conflict Of Laws, David P. Currie Jan 1966

The Multiple Personality Of The Dead: Executors, Administrators, And The Conflict Of Laws, David P. Currie

Articles

No abstract provided.


Book Review (Reviewing Alexander M. Bickel, Politics And The Warren Court (1965)), Philip B. Kurland Jan 1966

Book Review (Reviewing Alexander M. Bickel, Politics And The Warren Court (1965)), Philip B. Kurland

Articles

No abstract provided.


Brainerd Currie, Philip B. Kurland Jan 1966

Brainerd Currie, Philip B. Kurland

Articles

No abstract provided.


Church And State In The United States: A New Era Of Good Feelings, Philip B. Kurland Jan 1966

Church And State In The United States: A New Era Of Good Feelings, Philip B. Kurland

Articles

No abstract provided.


Labor Arbitration: A Dissenting View, Bernard D. Meltzer Jan 1966

Labor Arbitration: A Dissenting View, Bernard D. Meltzer

Articles

No abstract provided.


The American Jury And The Death Penalty, Harry Kalven Jr., Hans Zeisel Jan 1966

The American Jury And The Death Penalty, Harry Kalven Jr., Hans Zeisel

Articles

No abstract provided.


The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr. Jan 1966

The Right Of Privacy In Tort Law - Were Warren And Brandeis Wrong?, Harry Kalven Jr.

Articles

No abstract provided.


A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar Jan 1966

A Dissent From The Miranda Dissents: Some Comments On The 'New' Fifth Amendment And The Old 'Voluntariness' Test, Yale Kamisar

Articles

F the several conferences and workshops (and many lunch conversations) on police interrogation and confessions in which I have participated this past summer3 are any indication, Miranda v. Arizona' has evoked much anger and spread much sorrow among judges, lawyers and professors. In the months and years ahead, such reaction is likely to be translated into microscopic analyses and relentless, probing criticism of the majority opinion. During this period of agonizing appraisal and reappraisal, I think it important that various assumptions and assertions in the dissenting opinions do not escape attention.


Federal Estate Tax Burden Borne By A Dissenting Widow, Douglas A. Kahn Jan 1966

Federal Estate Tax Burden Borne By A Dissenting Widow, Douglas A. Kahn

Articles

Renunciation of her deceased husband's will entitles a widow to a specified percentage of the husband's net estate (or a dower interest) in lieu of any benefits she would otherwise have received under the will. The size of the dissenting widow's share differs among the several states, but the normal range is from one third to one half of her husband's net estate. In some jurisdictions the widow's share is determined, in whole or in part, according to the portion to which she would be entitled if her husband had died intestate, but in these jurisdictions the widow's share generally …


Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar Jan 1966

Has The Court Left The Attorney General Behind? The Bazelon-Katzenbach Letters On Poverty, Equality, And The Administration Of Criminal Justice, Yale Kamisar

Articles

Distribution of the first preliminary draft of the proposed American Law Institute Model Code of Pre-Arraignment Procedure last June touched off a brisk exchange of letters between Chief Judge David Bazelon of the United States Court of Appeals for the District of Columbia Circuit, who maintained that the proposed code left a good deal to be desired, and Attorney General Nicholas deB. Katzenbach, who, although he did not explicitly treat any provision of the preliminary draft, sharply challenged the conception of equality underlying Bazelon's criticism of it. By now, both the code, and the Bazelon-Katzenbach correspondence which it evoked, are …