Law Commons^™

Sex Discrimination: Social Security Benefits, Neil B. Cohen, Catherine A. Broderick, Charles H. Klein

Faculty Scholarship

No abstract provided.

The Use And Abuse Of Warnings In Products Liability -- Design Defect Litigation Comes Of Age, Aaron Twerski, A. S. Weinstein, W. A. Donaher, H. R. Piehler

Faculty Scholarship

No abstract provided.

Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Faculty Scholarship

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …

Rhetoric, Consistency, And Human Progress, Legal Or Otherwise, George C. Christie

Faculty Scholarship

No abstract provided.

The Supreme Court And Its Impact On The Court Of Military Appeals, Scott L. Silliman

Faculty Scholarship

The interrelationship between the United States Supreme Court and the Court of Military Appeals is not a new subject for either analysis or commentary. It has been the subject of numerous articles and lectures throughout the years. However, recent significant pronouncements from both courts warrant re-examination of the relationship. This comment addresses the "philosophy" of each court and the extent to which the Supreme Court and other sources of commentary have influenced the Court of Military Appeals' perception of its function and identity. Since the comment is concerned primarily with trends and philosophies, much of its appraisal can be found …

Player Discipline In Professional Sports: The Antitrust Issues, John C. Weistart

Faculty Scholarship

No abstract provided.

Injury To Reputation And The Constitution: Confusion Amid Conflicting Approaches, George C. Christie

Faculty Scholarship

No abstract provided.

The Senegal Valley Authority: A Unique Experiment In International River Basin Planning, Theodore Parnall, Albert E. Utton

Faculty Scholarship

The OMVS (l'Organisation Pour la Mise en Valeur du Fleuve Senegal) is a unique exception to this assessment. The three West African governments of Mali, Mauretania, and Senegal (the "Member States") are engaged in an experiment in international organization that is not only following the most advanced concepts of integrated river basin development,, but which may also afford a lesson in cooperation on a broad scale. This article is intended as a description of the organizational history and structure of the OMVS and a comparison with those of other international river commissions with similar goals.

Criminal Law And Procedure, David Rossman

Faculty Scholarship

The Constitutionality of the Trial de Novo System. The legal challenge to the constitutionality of the Massachusetts trial de novo system was settled by the Supreme Court of the United States during the Survey year in Ludwig v. Massachusetts. The Court upheld the Commonwealth's practice of trial de novo finding that the system does not constitute an impermissible burden upon a defendant's right to a trial by jury and that the requirement that a defendant undergo two trials in order to obtain a jury trial is not a violation of the right against double jeopardy.

Variable Life Insurance, Tamar Frankel

Faculty Scholarship

No abstract provided.

Ethical Relativism And The Problem Of Incoherence, David B. Lyons

Faculty Scholarship

Ethical relativism flirts with incoherence by suggesting that incompatible judgments can both be true. This paper shows that some relativistic theories avoid incoherence while others do not. Some theories ground moral judgments on principles ascribed to social groups while others ground moral judgments on principles ascribed to individuals. Some theories regard the relevant principles as applicable to an individual’s own action (agent relativism) while others regard the relevant principles as applicable to the individual’s moral judgments (appraiser relativism). Some theories regard moral judgments as possessing truth values while others regard moral judgments as lacking truth values. Relativistic theories suffer from …

Evidence: Prior Crimes And Prior Bad Acts Evidence, Paul W. Grimm

Faculty Scholarship

No abstract provided.

Public Opinion, The Death Penalty, And The Eighth Amendment: Testing The Marshall Hypothesis, Neil Vidmar, Austin Sarat

Faculty Scholarship

No abstract provided.

Consent And The Roots Of Judicial Authority: The Constitutional Writings Of Archibald Cox (Book Review), Thomas D. Rowe Jr.

Faculty Scholarship

Reviewing A. Cox, The Role of the Supreme Court in American Government

The Effect Of The Adoption Of Comparative Negligence On California Community Property Law: Has Imputed Negligence Been Revived?, William A. Reppy Jr.

Faculty Scholarship

No abstract provided.

Uniformity In State Inheritance Laws: How Upc Article Ii Has Fared In Nine Enactments, Richard V. Wellman, James W. Gordon

Faculty Scholarship

The Uniform Probate Code was drafted to facilitate modernization, simplification, and uniformity of state inheritance laws. Since its approval by the National Conference of Commissioners on Uniform State Laws and by the American Bar Association in August 1969, the Code has been enacted in various forms by 11 states. In this Article, the Authors analyze significant deviations from the recommended version of article II in the first nine enactments of the UPC. The Authors argue that all but exceptionally meritorious changes in enacted versions of the UPC should give way to the goal of state uniformity in inheritance laws, and …

Pooling Agreements Under The New California General Corporation Law, William K.S. Wang

Faculty Scholarship

No abstract provided.

On Reading Cramton, Currie & Kay -- Reflections And Prophecies For The Age Of Interest Analysis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Regulation Of Electroconvulsive Therapy, Carol Sanger

Faculty Scholarship

Electroconvulsive therapy (ECT) is a psychiatric procedure that induces a convulsive seizure in the patient in order to treat severe depression. Recently, courts, legislatures, and the medical profession have paid increasing attention to the regulation of ECT. Their interest has been stimulated by the growing recognition of the rights of mental patients, the developing role of consent in medical transactions, and the results of recent scientific research on the efficacy and consequences of ECT.

Regulation of ECT has generally focused on whether the patient or his representative effectively consented to the treatment. The highly intrusive nature of ECT and the …

Stevens V. Parke, Davis & Co., Marsha N. Cohen

Faculty Scholarship

No abstract provided.

Political Aspects Of Public Sector Interest Arbitration, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Standing, Mootness And Federal Rule 23–Balancing Perspectives, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Civil Jury Trial: The Case For Reasoned Iconoclasm, Mary Kay Kane

Faculty Scholarship

No abstract provided.

Non-Nepa Legal Aspects Of Federal Coal Leasing And Development Policy: An Environmental Attorney's Analysis, John D. Leshy

Faculty Scholarship

No abstract provided.

The Entrapment Controversy, Roger C. Park

Faculty Scholarship

No abstract provided.

Limiting Religious Tax Exemptions: When Should The Church Render Unto Caesar?, Stephen Schwarz

Faculty Scholarship

No abstract provided.

The Metaphysics Of Punishment–An Exercise In Futility, William K.S. Wang

Faculty Scholarship

No abstract provided.

The Definition Of Disability In Social Security And Supplemental Security Income: Drawing The Bounds Of Social Welfare Estates, Lance Liebman

Faculty Scholarship

Federal aid to the disabled is a vast enterprise; over nine billion dollars are annually paid to five million beneficiaries. In this Article, Professor Liebman points out how the ad hoc nature of social welfare legislation and programming has resulted in a system that produces inconsistent and sometimes inequitable determinations of disability. The present system, he argues, draws significant economic and social distinctions among the disabled, as well as distinctions between the disabled and the unemployed, that have been inadequately explained and justified. By focusing on worker expectations generated by the administration of our disability programs, and on the structural …

International Trade And Finance, Jagdish N. Bhagwati

Faculty Scholarship

Professor Tinbergen must hold a record in the number of Festschriften that have been written for him. His students and colleagues have reprinted his essays, as an interesting variation on the usual form of felicitation; and a volume of essays was presented by Bos in 1969. Now, Willy Sellekaerts has produced three volumes towards the same end! In a world of increasing output and diminishing time to read it, it is doubtful whether this Wicksellian phenomenon of exploding Festschriften for a single scientist should be applauded, regarded with amusement, or deplored! Does not the law of diminishing marginal utility apply …