Law Commons^™

Mr. Chief Justice Burger On The State Of The Judiciary - 1981, Philip B. Kurland

Articles

No abstract provided.

Race Bias In The Administration Of The Death Penalty: The Florida Experience, Hans Zeisel

Articles

No abstract provided.

The Disposition Of Felony Arrests, Hans Zeisel

Articles

While we know a great deal about the disposition of felony arrests that reach the trial stage, we know little about the details of the dispositions reached without trial. And yet, this latter category forms as a rule over 90 percent, in New York City 98 percent, of all dispositions. Basing his analysis on a study done in the early 1970s, the author describes and presents data on the various stages in the process from arrest to final disposition through plea bargaining, trial, or dismissal of the case. For the first time, this usually opaque disposition pattern prior to trial …

Social Science Hubris--A Review Of Lindblom And Cohen's Usable Knowledge Review Article, Hans Zeisel

Articles

No abstract provided.

The 1980 U.N. Commission On Human Rights And The Disappeared, David Kramer, David Weissbrodt

Articles

When the public debate began at the United Nations Commission on Human Rights on the question of disappeared persons, the atmosphere in the huge assembly hall was tense and expectant. The public gallery was jammed with the wives and families of those persons who had been "disappeared"- arrested, tortured, imprisoned, or possibly killed by governments which refused to admit any knowledge or responsibility. The concerned audience came from all over the world. A few had even been disappeared themselves, but had managed to escape.

Fact-Finding By International Nongovernmental Human Rights Organizations, David Weissbrodt, James Mccarthy

Articles

There are a considerable number of nongovernmental organizations (NGOs) engaged in overseeing the implementation of human rights by governments throughout the world.1 Working at the international2 and national levels,s these organizations function as unofficial ombudsmen safeguarding human rights against govern- mental infringement, using such techniques as diplomatic initia- tives,4 reports,5 public statements,6 efforts to influence the deliber- ations of intergovernmental human rights bodies, campaigns to mobilize public opinion,8 and attempts to affect the foreign policy of some countries with respect to their relations with other coun- tries that regularly commit human rights violations.9

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The "Rehabilitative Ideal", Barry C. Feld

Articles

There are two principal mechanisms for transferring juvenile offenders to the adult criminal justice process. The most common mechanism is judicial waiver; the alternative is legislative waiver, i.e., the legislature redefines juvenile court jurisdiction to exclude from juvenile courts those youths charged with certain offenses. During 1980, the Minnesota Legislature actively reviewed the State's juvenile code and significantly modified several provisions focusing on the serious young offender, the certification process, and the interface between the juvenile and criminal courts in sentencing. Under the new legislation, the exclusively benevolent and rehabilitative purpose of the juvenile court remains only for children alleged …

Strategies For The Selection And Pursuit Of International Human Rights Objectives, David Weissbrodt

Articles

No abstract provided.

Potter Stewart, Terrance Sandalow

Articles

In the spring of 958, Justice Harold Burton informed President Eisenhower of his decision to retire at the end of the Term, but, at the President's request, withheld public announcement until the latter was ready to name a successor. In September, Eisenhower appointed Potter Stewart, who became, at age forty-three, the second youngest person to serve on the Supreme Court since the Civil War.

Stock Redemptions: The Standards For Qualifying As A Purchase Under Section 302(B)., Douglas A. Kahn

Articles

This Article discusses the requirements of section 302(b) for characterizing a stock redemption as a purchase rather than as a dividend equivalent. The focus is primarily on two issues: (1) whether the election authorized by section 302(c)(2) to waive family attribution rules should be available to an entity such as a trust or estate; and (2) the determination of the standards to be applied in resolving whether a redemption is "not essentially equivalent to a dividend" so that section 302(b)(1) is applicable.

The Distrust Of Politics, Terrance Sandalow

Articles

In this Article, Dean Sandalow considers the justifications advanced by those who favor the removal of certain political issues from the political process by extending the reach of judicial review. He begins by examining the distrust of politics in a different context, discussing the proposals made by the Progressives for reforming municipal government, as a vehicle to expose the assumptions underlying the current debate. His comparison of the two historical settings reveals many similarities between the Progressives' reform proposals and the contemporary justiflcations.[or the displacement of politics with constitutional law. Dean Sandalow concludes that the distrust of politics rests not …

Constitutional Interpretation, Terrance Sandalow

Articles

"[We] must never forget," Chief Justice Marshall admonished us in a statement pregnant with more than one meaning, "that it is a constitution we are expounding."' Marshall meant that the Constitution should be read as a document "intended to endure for ages.to come, and, consequently, to be adapted to the various crises of human affairs."'2 But he meant also that the construction placed upon the document must have regard for its "great outlines" and "important objects."'3 Limits are implied by the very nature of the task. There is not the same freedom in construing the Constitution as in constructing a …

Allan F. Smith—My 'Dean For A Day', Theodore J. St. Antoine

Articles

It has been my good fortune to have served in more different roles in relation to Allan Smith than has any other person in this Law School. I was his student here longer ago than either of us would care to calculate. A decade and a half ago he recruited me for this faculty when he was Dean. Although the prospect of working closely with Allan had a good deal to do with my decision to leave active practice for teaching, that was not to be. The first morning of my return to Ann Arbor, I remember plugging in my …

The Bankruptcy Tax Act Of 1980: A Brief Introduction, Edward A. Zelinsky

Articles

No abstract provided.

Is Washington Ready For Merit Selection Of Judges, Hugh D. Spitzer, William S. Bailey

Articles

In 1980, Seattle established a judicial merit selection process for the Seattle Municipal Court, based on an approach used in many other jurisdictions and by the federal government under President Carter. The Seattle plan represents the first time a merit selection commission of lawyers and lay people has been used for nonfederal appointments in Washington. The two individuals subsequently appointed to the Seattle Municipal Court have gone through one of this state's most rigorous judicial selection processes.

In this article, we will review how judges are presently selected in this state, the various methods of choosing judges in other jurisdictions …

Towards A Comprehensive Approach To Clinical Education: A Response To The New Reality, Terence J. Anderson

Articles

No abstract provided.

The Third United Nations Conference On The Law Of The Sea: The Ninth Session (1980), Bernard H. Oxman

Articles

No abstract provided.

Extracting Documents And Information From The Internal Revenue Service, Stuart E. Siegel, Stanley I. Langbein

Articles

No abstract provided.

Constitutional Torts, Christina B. Whitman

Articles

In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …

Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

Articles

The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …

The Private Use Of Public Authority: Sovereignty And Associations In The Common Law, Arthur J. Jacobson

Articles

The article argues that the law of associations must be understood as a distribution of sovereignty to private individuals and entities, challenging the traditional view that sovereignty is solely the domain of the state. It contends that fiduciary relations, such as agency and partnership, represent a fundamental distribution of sovereignty, as they impose obligations of loyalty and prudent action on individuals acting on behalf of others. The analysis emphasizes that sovereignty is not inherently centralized but can be decentralized through legal structures that empower private associations. By examining fiduciary relations and business entities like partnerships and joint stock companies, the …

Accelerated Depreciation Revisited—A Reply To Professor Blum, Douglas A. Kahn

Articles

Professor Blum's comment addresses the proper or neutral tax treatment to be accorded three of the items discussed in my recent article on accelerated depreciation - namely, annuities, prepaid expenses, and exhaustible assets. Blum disputes my analysis in all three cases. While Blum's article is eminently readable, I do not believe that it refutes my earlier work to any extent. In this reply to Professor Blum, I will deal separately with each of the three items he examines. First, however, it is useful to consider the meaning of the term "tax neutrality" and to set forth my views as to …

Intelligence Gathering And The Law: Conflict Or Compatibility?, Benjamin R. Civiletti

Articles

Article by Benjamin R. Civiletti, Attorney General of the United States (1979-1981), regarding the sensitivity and complexity of intelligence gathering. Document includes handwritten notes and was originally published in the Fordham Law Review.

Siting =/= Protection: A Note On Solar Access, Dale Goble

Articles

In assuring solar access, it is necessary to distinguish between siting collectors and protecting their access to sunshine once they have been placed. Siting requires the flexibility to balance potentially competing uses of land; it is best accomplished by zoning and land use planning. Once a collector is sited, however, flexibility must give way to certainty. The necessary certainty cannot be provided by zoning, which conveys no legally enforceable right. It is best accomplished by the recognition of a solar right through a priority-based permit system.

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

Articles

No abstract provided.

Robert G. Dixon: In Memoriam, Philip B. Kurland

Articles

No abstract provided.

Nondegradation And Visibility Under The Clean Air Act, David P. Currie

Articles

No abstract provided.

The Present Situation In Legal Scholarship, Richard A. Posner

Articles

No abstract provided.

Lawmaking And Public Opinion Research: The President And Patrick Caddell, Hans Zeisel

Articles

No abstract provided.

Creditors' Remedies As State Action, Julie Roin

Articles

No abstract provided.