Law Commons^™

Reason And Law (Book Review), George C. Christie

Faculty Scholarship

Reviewing Chaim Perelman, Justice, Law and Argument: Essays in Moral and Legal Reasoning (1980)

The Foreign Sovereign Immunities Act And The Pursued Refugee: Lessons From Letelier V. Chile, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Reason And Law, George C. Christie

Faculty Scholarship

No abstract provided.

Reflections On Unclos Iii, Kazimierz Grzybowski

Faculty Scholarship

No abstract provided.

‘The State’ And Other Basic Terms In Public Law, Lawrence G. Baxter

Faculty Scholarship

No abstract provided.

Nineteenth Century Interpretations Of The Federal Contract Clause: The Transformation From Vested To Substantive Rights Against The State , James L. Kainen

Faculty Scholarship

During the early nineteenth century, the contract clause served as the fundamental source of federally protected rights against the state. Yet the Supreme Court gradually eased many of the restrictions on state power enforced in the contract clause cases while developing the doctrine of substantive due process after the Civil War. By the end of the nineteenth century, the due process clause had usurped the place of the contract clause as the centerpiece in litigation about individual rights. Most analyses of the history of federally protected rights against the state have emphasized the rise of substantive due process to the …

North Carolina’S Tenancy By The Entirety Reform Legislation Of 1982, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Federal Pension Benefits: The Reach Of Preemption, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Judicial Style In Californias Federal Admiralty Court: Ogden Hoffman And The First Ten Years, 1851-1891', Christian G. Fritz

Faculty Scholarship

The admiralty jurisdiction of Californias federal district court in San Francisco between 1851 and 1861 provides insight into how one federal judge understood and executed his role in a frontier setting. How the Northern District of California's first judge, Harvard-educated Ogden Hoffman, conducted his court, exercised his jurisdiction, arrived at his conclusions, and fashioned his opinions--what might be considered his judicial style--reveals much about legal practice and judicial process in the far west as the middle of the nineteenth century. An examination of the first decade of federal admiralty cases in California suggests that law on the frontier entailed learning, …

Juan Estevan Pino, "Se Los Coma": New Mexico Land Speculation In The 1820s", G. Emlen Hall

Faculty Scholarship

Ever since regional historians began taking New Mexico land history seriously, they have focused on changes in Spanish and Mexican land tenure brought on by the advent of American sovereignty in 1846. The confusing land claim adjudications by the United States' Office of the Surveyor General for New Mexico and Congress, and by the subsequent Court of Private Land Claims yield interesting stories. Manipulations of those confirmed rights in the 1870s, 80s and 90s by organized private interests tell an even more spectacular tale. But the pyrotechnics of territorial land speculation mask the fact that sharp dealing in New Mexico …

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Trustees Of Self-Interest?, Pnina Lahav

Faculty Scholarship

Unconventional approaches to frequently addressed issues can be particularly illuminating, and John Lofton's discussion of the press and the first amendment takes a decidedly unconventional tack. Rather than focusing on the theme of governmental suppression of speech, Lofton attempts to highlight another angle: the reaction of the press to both political dissent and the official suppression of that dissent from the colonial period to the present day. His purpose, he notes, is "to examine how the American press has performed when confronted with the application of the amendment to practical events."

On Territoriality And Sovereignty: System Shock And Constitutional Choices Of Law, Aaron Twerski

Faculty Scholarship

No abstract provided.

In Defense Of Process, Aaron Twerski, Alvin S. Weinstein, William A. Donaher, Henry R. Piehler

Faculty Scholarship

No abstract provided.

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

Faculty Scholarship

This is a study of the role played by judicial development of the First Amendment to the United States Constitution in shaping the jurisprudence of free speech in Israel - a country without a bill of rights. Rivalry and contrast between opposing modes of legal thought, judicial styles, doctrines, and finally, models of democracy within Israel's Supreme Court are major themes. Most of the adversarial elements reflect competing ideas in the intellectual history of American free speech law. Thus, the tension within Israel's Supreme Court reflects the tension between American free speech jurisprudence as it now is and as it …

Appreciation Under The Casualty Loss, Alan L. Feld

Faculty Scholarship

According to the author, who asserts that the regulations allow an overly generous casualty loss deduction for partial losses on appreciated property, untaxed gain in the form of unrealized appreciation should be taken into account when determining a partial loss.

Open Transaction Treatment For Deferred Payment Sales After The Installment Sales Act Of 1980, Daniel S. Goldberg

Faculty Scholarship

No abstract provided.

Implied Rights Of Action, Tamar Frankel

Faculty Scholarship

In Transamerica Mortgage Advisors, Inc. (TAMA) v. Lewis,¹ the United States Supreme Court declined to imply a private right of action for damages under the Investment Advisers Act of 1940.² Transamerica is the most recent of a series of Supreme Court decisions limiting the availability and scope of implied private actions under the federal securities laws.³ It stands in sharp contrast to J.L Case Co. v. Borak,⁴ a 1964 decision in which the Court seemed to extend an open invitation to "private attorneys general" to supplement SEC enforcement with private damage actions.

The Court's withdrawal from …

Parents' Rights And Juvenile Court Jurisdiction: A Review Of Before The Best Interests Of The Child, Stanley Z. Fisher

Faculty Scholarship

This new book¹ by the authors of Beyond the Best Interests of the Child² also makes a major contribution to the field of family law. Concentrating this time on the subject of child neglect and abuse, the authors mount a powerful attack on state intrusion into families under current child protection laws. Like Beyond the Best Interests, this book has attracted wide attention and provoked intense controversy. It should be read by all those concerned about the law's impact on children and families.

Investment Company Advertising, Tamar Frankel

Faculty Scholarship

SEC Regulation has changed from specific guidelines for advertisers to a general antifraud provision. Despite greater latitude, conflicts may arise between the commission's regulation and first amendment protection of commercial speech.

Need, Necessity, And Political Obligation, David B. Lyons

Faculty Scholarship

In Law and Obedience, Professor Woozley denies that there is an obligation to obey the law just because it is the law. Professor Honoré disagrees. He does so, however, not by offering small criticisms of what he calls "the skeptical philosophy," but by giving us a vigorous and original argument for the more conventional, conformist view.

Delimiting Religion And Ethics, Robert L. Schwartz

Faculty Scholarship

The author argues that people need to make a distinction between religious belief and logical ethics.

A Look At Labor Law In The Land Down Under: Industrial Relations In Australia, David S. Bogen

Faculty Scholarship

No abstract provided.

Congressional Regulation Of Federal Courts' Jurisdiction And Processes: United States V. Klein Revisited, Gordon G. Young

Faculty Scholarship

No abstract provided.

An Evaluation Of Limited Publication In The United States Courts Of Appeals: The Price Of Reform, William L. Reynolds, William M. Richman

Faculty Scholarship

No abstract provided.

Equal Protection And The Prosecutor's Charging Decision: Enforcing An Ideal, Donald G. Gifford

Faculty Scholarship

No abstract provided.

Article One Of The Uniform Land Transactions Act: Is Inconsistency With The U.C.C. An Unnecessary Obstacle?, Ronald B. Brown

Faculty Scholarship

No abstract provided.

A Delicate Assignment: The Regulation Of Accountants By The Sec, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

In Order To Have Water: Legal, Economic And Institutional Barriers To Water Reuse In Northern New England, Michael S. Baram, J. Raymond Miyares

Faculty Scholarship

The maintenance of adequate water supplies to meet increasing demand upon residential and industrial users in New England is now an urgent concern. Encouragement of water reuse is one of the ways in which water conservation can be implemented. This Article, synthesized by the authors from their technical report, examines current legal and institutional methods of promoting water reuse and conservation. They analyze their effectiveness and argue that legal and political reform is needed to achieve the ends of water conservation. I

Union Waiver Of Employee Rights Under The Nlra: Part Ii - A Fresh Approach To Board Deferral To Arbitration, Michael C. Harper

Faculty Scholarship

The author applies the non-waiverprinciple developed in Part I of this article to Board deferral to arbitration. Former Chairman Murphy's concurring opinion in General American Transportation Corp. is evaluated in light of the non- waiver princple. The author analyzes the issues not properly resolved in that opinion, while demonstrating its basic insight.

In Part 1 of this essay, I explored the implications of the Supreme Court's holding in NLRP v. Magnavox Co. that exclusive bargaining agents do not have the authority to waive certain rights protected by section 7 of the National Labor Relations Act. Drawing on Magnavox, …