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Articles 1 - 30 of 56
Full-Text Articles in Law
Principles, Positivism, And Legal Theory, David B. Lyons
Principles, Positivism, And Legal Theory, David B. Lyons
Faculty Scholarship
A complete theory of law, writes Ronald Dworkin, tells us what law is and what it ought to be. The current "ruling" theory of law combines legal positivism with utilitarianism: it holds, first, that law is a set of explicitly adopted rules and, second, that law ought to maximize the general welfare. Dworkin rejects both branches of that theory. He argues that law contains "principles" as well as rules and that these principles cannot be traced to any explicit adoption or enactment. Dworkin argues further that the ruling theory neglects moral rights, which must be respected, he claims, even if …
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Current Issues And Developments In The Duties And Liabilities Of Underwriters And Securities Dealers -- A Program By The Committee On Federal Regulation Of Securities, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Has The 1976 Tax Reform Act Injected A Gain-Seeking Requirement Into Section 166?, J. Clifton Fleming Jr.
Has The 1976 Tax Reform Act Injected A Gain-Seeking Requirement Into Section 166?, J. Clifton Fleming Jr.
Faculty Scholarship
No abstract provided.
Shaffer V. Heitner: A New Attitude Toward State Court Jurisdiction, Paul George
Shaffer V. Heitner: A New Attitude Toward State Court Jurisdiction, Paul George
Faculty Scholarship
Mr. Justice Frankfurter's observation is equally suited to the overruling of the century-old case, Pennoyer v. Neff, by the recent decision in Shaffer v. Heitner Shaffer ended not only Pennoyer's reign, but also a jurisdictional perspective which rested on the distinction between in personam and in rem jurisdiction and the concept of a state's sovereignty over property within its borders. The basis of the Pennoyer doctrine was the concept that a state had authority over all persons and property within its territory, and no authority whatsoever outside its territorial limits. Modifying previous theory slightly, Pennoyer became the …
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Scientific Research With Children: Legal Incapacity And Proxy Consent, Leonard H. Glantz, George J. Annas, Barbara Katz
Faculty Scholarship
Before an investigator can use any person as a subject in biomedical or behavioral research, he must obtain that person's informed consent. This consent must be voluntary, competent, and understanding.1 There are two questions that arise in regard to experimentation on children. First, is a child legally capable of giving an informed and understanding consent? Second, do parents have the legal capacity to consent to the performance of research on their children? This article will attempt to answer both of these questions.
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Federal Corporate Law, Federalism, And The Federal Courts, Gordon G. Young
Faculty Scholarship
No abstract provided.
World Jewry And The Ballot: The Defence Of Democracy At The World Zionist Federation And Its Potential Impact On Israel's Constitutional Law, Pnina Lahav
Faculty Scholarship
This note highlights an important phase in the history of Zionism describing and analysing a recent decision by the W.Z.F. Tribunal which held categorically and unequivocally that the W.Z.F. is a democratic movement, and as such is bound to follow the most basic rules of democracythe maintenance of equal, popular elections. It then discusses the significance of the potential impact of this decision on Israeli constitutional law. The Tribunal's firm holding that the process of an implicit constitutional amendment is illegitimate and invalid, may signal a shift in the Israeli position which has, so far recognised this technique as valid. …
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
The Standards' Recommendations On Dispositions: A Panel Discussion Panel Discussion, Stanley Z. Fisher
Faculty Scholarship
ROFESSOR STANLEY FISHER, MODERATOR: Good evening. I'd like to welcome you all here. Of all of the volumes of the Juvenile Justice Standards Project, I suppose the most controversial are those dealing with the disposition stage. They have elicited a good deal of critical comment, even though they haven't yet been published, and many of the comments and criticisms have apparently been on the basis of speculation and rumor as to what the Standards actually say. We have with us tonight to discuss these Standards two persons who have a great deal of expertise in this field. The first, on …
The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher
The Disposition Process Under The Juveniles Justice Standards Project, Stanley Z. Fisher
Faculty Scholarship
The Juvenile Justice Standards Project volumes were publicly discussed for months prior to their publication. Unavoidably, much of the discussion was based upon rumor regarding their contents. In that context, critics charged that the proposed Standards would "destroy the nation's juvenile court system and replace it with a 'junior criminal system' "1 and claimed that the Standards substitute the philosophy of "just deserts" for the traditional rehabilitative goals of juvenile justice.' The news media described the Standards on disposition of delinquents as designed to "fit the penalty to the crime, no matter what the age of the perpetrator. '3 I …
Radiation From Nuclear Power Plants: The Need For Congressional Directives, Michael S. Baram
Radiation From Nuclear Power Plants: The Need For Congressional Directives, Michael S. Baram
Faculty Scholarship
Congress often responds to a complex problem by empowering an independent regulatory agency to enforce its legislative will. Acknowledging its own lack of knowledge and time, Congress gives the agency a measure of freedom to modify the legal requirements to fit a variety of circumstances that the legislature could not foresee. Ordinarily Congress restrains this autonomy by prescribing general criteria that the agency must consider and objectives that must be met.' These provisions enable Congress to measure the agency's progress and make necessary changes in the law. In addition, competition from other bureaus forces the agency to act vigorously or …
The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power
The Fox In The Chicken Coop: The Regulatory Program Of The U.S. Army Corps Of Engineers, Garrett Power
Faculty Scholarship
No abstract provided.
Javorek V. Larson: Insurer's Obligation To Defend And Indemnify Insufficient To Establish Jurisdiction--Seider Sours In California, James P. George
Javorek V. Larson: Insurer's Obligation To Defend And Indemnify Insufficient To Establish Jurisdiction--Seider Sours In California, James P. George
Faculty Scholarship
With its recent decision in Javorek v. Larson, the California Supreme Court has joined the growing number of states which have rejected the exercise of jurisdiction based upon the quasi in rem attachment of automobile liability insurance policies. This particular jurisdictional basis was first recognized in the New York case of Seider v. Roth, where the insurer's obligation to defend and indemnify the insured was found to be an attachable debt, yielding jurisdiction to the plaintiff's home state of New York, even though the defendant was a Canadian resident and the accident occurred in Vermont. The only …
Surface Water Flooding In Urban Areas: Rights And Remedies Under The Common-Enemy Doctrine, James P. George
Surface Water Flooding In Urban Areas: Rights And Remedies Under The Common-Enemy Doctrine, James P. George
Faculty Scholarship
Urban flooding is an ever increasing problem as land development intensifies in expanding metropolitan areas. This situation not only has a significant impact on the physical environment, but has substantial legal consequences as well. In urban flooding situations, rivers and streams pose obvious flood threats, but the damaged area is generally restricted to a definable flood plain. Surface water presents a more subtle and pervasive problem; with heavy rainfall or poor drainage, surface runoff can submerge land not ordinarily considered subject to flood damage, further increasing riparian problems as the concentrated runoff finds its way to streams and rivers. Although …
Housing And Technology: The Mobile Home Experience, Bailey Kuklin
Housing And Technology: The Mobile Home Experience, Bailey Kuklin
Faculty Scholarship
No abstract provided.
From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski
From Defect To Cause To Comparative Fault -- Rethinking Some Product Liability Concepts, Aaron Twerski
Faculty Scholarship
No abstract provided.
The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski
The Use And Abuse Of Comparative Negligence In Products Liability, Aaron Twerski
Faculty Scholarship
No abstract provided.
The 1976 Amendments To The Act Governing Collective Bargaining Between Teacher Organizations And Boards Of Education In Connecticut: An Appraisal, Peter Adomeit
Faculty Scholarship
In 1976, the Connecticut General Assembly amended the Teacher Negotiation Act in several significant ways. This Article reviews these amendments.
Hines V. Anchor Motor Freight: Another Step In The Seemingly Inexorable March Toward Converting Federal Judges (And Juries) Into Labor Arbitrators Of Last Resort, Peter Adomeit
Faculty Scholarship
This Article, directed to the courts, and especially to the federal bench, carries this message: you are in danger of converting the federal judiciary into a panel of labor arbitrators. The advance sheets of the federal courts are beginning to read like Labor Arbitration Reports. The kinds of disputes that in the past were resolved by private arbitration are beginning to appear at an increasing rate on the dockets of the federal courts: Did the company have just cause when it discharged the grievants for allegedly falsifying their expense accounts? Did the company violate the agreement with the union when …
Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens
Curbing The Dog Of War:The War Powers Resolution, Donald E. King, Arthur Leavens
Faculty Scholarship
This Article develops a theory of the constitutional allocation of the war power and applies it to the provisions of the War Powers Resolution. It examines the constitutional text and analysis of the respective powers of the President and Congres and suggests the division of all United States military activity into three categories: "peacetime deployments,"war threatening actions," and "acts of war." The Authors argue that military actions in the first category are controlled exclusively by the President, in the second controlled both by the President and by Congress through political interaction, and in the third are implemented by the President …
Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks
Discretionary Decision-Making In The Criminal Justice System And The Black Offender: Some Alternatives, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
Discretionary Justice And The Black Offender, Taunya Lovell Banks
Discretionary Justice And The Black Offender, Taunya Lovell Banks
Faculty Scholarship
No abstract provided.
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
The Court Of Appeals Of Maryland: Roles, Work And Performance - Part I, William L. Reynolds
Faculty Scholarship
No abstract provided.
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Misrepresentation - Part I, Fleming James, Oscar S. Gray
Faculty Scholarship
No abstract provided.
Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst
Health Care Cost-Containment Regulation: Prospects And An Alternative, Clark C. Havighurst
Faculty Scholarship
Regulation of the health care system to achieve appropriate containment of overall costs is characterized by Professor Havighurst as requiring public officials to engage, directly or indirectly, in the rationing of medical services. This rationing function is seen by the author as peculiarly difficult for political institutions to perform, given the public's expectations and the symbolic importance of health care. An effort on the part of regulators to shift the rationing burden to providers is detected, as is a trend toward increasingly arbitrary regulation, designed to minimize regulators' confrontations with sensitive issues. Irrationality and ignorance are found to plague regulatory …
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington
Negative Attitudes Of Law Students: A Replication Of The Alienation And Dissatisfaction Factors, Paul D. Carrington
Faculty Scholarship
No abstract provided.
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
The Conflicts Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts Under The 1972 Amendments, Arthur Larson
Faculty Scholarship
No abstract provided.
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
The Alienation Of Law Students, Paul D. Carrington, James J. Conley
Faculty Scholarship
No abstract provided.
Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Defamatory Opinions And The Restatement (Second) Of Torts, George C. Christie
Faculty Scholarship
No abstract provided.
The Moral Legitimacy Of The Minimal State, George C. Christie
The Moral Legitimacy Of The Minimal State, George C. Christie
Faculty Scholarship
No abstract provided.
Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko
Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko
Faculty Scholarship
No abstract provided.