Law Commons^™

The Uses Of Scientific Information In Environmental Decision Making, Marcia R. Gelpe

Faculty Scholarship

This Article explores the response of the legal system to the uncertainty which is inherent in the scientific analysis of environmental impact. The first principle of due process is that the assignment of responsibility correspond with the actor who did in fact cause the injury. We argue that existing concepts of cause-in-fact, the foundation of liability, place potentially severe constraints on the ability of the legal system to respond to the need to minimize the risks of future environmental injury. Further, these constraints exist to some degree regardless of whether the prohibitions or restrictions take the form of adjudication, administrative …

Book Review: Woman's Consciousness, Man's World, Elizabeth Rapaport

Faculty Scholarship

Abstract of Book Review only. Women's Consciousness, Man's World is the third of Sheila Rowbotham's three recent books to reach the United States. In Women, Resistance and Revolution Rowbotham ranged over the history of pre-industrial and industrial Europe, the Russian, the Chinese and the more contemporary third world revolutions in Cuba, Algeria and Vietnam. She sought to recover the origins, development and fates of feminist ideas and movements, and most particularly their interaction with socialist movements, in opposition and in power. In Hidden From History she gives more detailed consideration to the history of feminism and socialism in England. With …

Flexibility, The Uniform Probate Code's Procedural Article And Some Comparisons With Kentucky Statutes, James W. Gordon

Faculty Scholarship

The present state of the law in America governing the succession to decedents' estates is badly in need of reform. There is a growing awareness of the inadequacy of present probate procedure even among ordinary citizens unschooled in the law. The public awareness of the problems of probate and its demand for reform are apparent from the spate of articles and books which have dealt with probate "pains" and methods for avoiding them. This demand and the efforts of reform-minded scholars have culminated in a proposed solution--the Uniform Probate Code (UPC). This Author argues that the probate scheme of the …

Pregnancy And The Constitution: The Uniqueness Trap, Katharine T. Bartlett

Faculty Scholarship

No abstract provided.

Lawful Departures From Legal Rules: “Jury Nullification” And Legitimated Disobedience, George C. Christie

Faculty Scholarship

No abstract provided.

Book Review, George C. Christie

Faculty Scholarship

Reviewing William Twining, Karl Llwellyn and the Realist Movement (1973)

Conflicts Between Seamen’S Remedies And Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

Control Arrangements In Close Corporations, F. Hodge O'Neal, Ronald R. Janke

Faculty Scholarship

No abstract provided.

Private Use Of Public Facilities: A Comment On Gilmore V. City Of Montgomery, Larry Yackle

Faculty Scholarship

Perhaps the principal shortcoming of constitutional adjudication in the Supreme Court of the United States is the Court's recurrent failure to set forth principles of decision that rise above the result reached in any particular case.' The other branches of the national government, the states, the bar, and ultimately the public at large require guidance concerning the pressing constitutional issues of the day. That guidance can come only from the Supreme Court, for, to be sure, "[i]t is emphatically the province and duty of the judicial department to say what the law is."2 To the extent the Court shrinks from …

The Patient Rights Advocate: Redefinig The Doctor-Patient Relationship In The Hospital Context, George J. Annas, Joseph M. Healey Jr.

Faculty Scholarship

As Western man approaches the last quarter of the twentieth century, he is developing the power to control the forces of nature. Few areas of human behavior have not been affected by new technologies. In health care, progress has been dramatic in such areas as the determination of prenatal genetic defects through amniocentesis, asexual reproduction through artificial insemination, the use of an artificial placenta, cloning,artifical modification of man-especially through transplantation, ' modification of human behavior through psychosurgery and chemotherapy,' and the mechanical postponement of death. No aspect of health care has escaped the impact of technology.

Psychosurgery: The Law's Response, George J. Annas, Leonard H. Glantz

Faculty Scholarship

Participants in the psychosurgery controversy generally espouse one of three competing points of view. First, there are the surgeons who argue that psychosurgical procedures have developed beyond the experimental stage to the point where they may be considered therapeutic for certain types of patients. Second, there are those who support further research in the area in the hope of developing genuinely therapeutic procedures, but who recognize the importance of safeguarding against potential abuses in the course of this development. Finally, there are the anti-psychosurgeons, who argue for the total prohibition of psychosurgery on ethical, spiritual, or political grounds independent of …

Abusive Debt Collection – A Model Statute For Virginia, Robert E. Scott, Diane M. Strickland

Faculty Scholarship

Among the many by-products of the phenomenal growth of consumer credit in the last two decades has been the attempt on the part of existing legal institutions to grapple with the problem of coercive debt collection. The existence of the problem is no longer disputed, and the nature and extent of the abuse surrounding debt collection practices has been the subject of voluminous commentary. Given the dynamics of the competing interests involved when a creditor attempts to collect a just debt which the debtor is unable to pay, an essential conflict requiring regulated resolution becomes apparent. Unfortunately, the problem is …

Volunteering Children: Parental Commitment Of Minors To Mental Institutions, James W. Ellis

Faculty Scholarship

In most states,' parents may commit their children to mental institutions without a hearing or any other form of judicial scrutiny. If a parent wants a child committed, and a hospital will accept the child as a patient, no legal authority will hear the child's protest. Moreover, the child-patient has no standing to petition for release from the institution until he or she reaches the statutory age of majority. Until that time any request for discharge must be made by the parent. Thus, the minor admitted to a mental hospital on application of a parent is denied access to virtually …

Subchapter Ii. Law Enforcement And Criminal Investigation, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.

Further Observations About The Survey Of Foreign And International Law Collections In Selected United States Law Libraries: 1972-1973, Igor I. Kavass

Faculty Scholarship

No abstract provided.

A Political And Constitutional Review Of United States V. Nixon, William W. Van Alstyne

Faculty Scholarship

This comparison of United States v. Nixon and the Pentagon Papers case finds the greatest similarity and significance shared by the two cases was the anti-climactic nature of their conclusions. While both cases concerned constitutional questions of the highest order, centered around the scope of the executive power, both cases were drawn on such narrow grounds that there was hardly any effect on constitutional law doctrine.

The Status Of Women In Israel - Myth And Reality, Pnina Lahav

Faculty Scholarship

The issue of women's rights has been subjected to reexamination and redefinition in recent years. The legal structure relevant to this issue, so clearly intertwined with traditional values and historical prejudices, is increasingly studied in an attempt to find ways to achieve equality of the sexes in our lifetime. In this context, cross-cultural study of diverse societies and legal systems can make a vital contribution. A step forward in this direction was taken in the fall 1972 issue of this journal, in a symposium on the status of women. Among others, the Israeli legal system was discussed by Plea Albeck, …

Environmental Law And Construction Project Management, Michael S. Baram

Faculty Scholarship

Construction project management generally proceeds through sequential stages of project conception, planning, site acquisition, design and construction. Traditionally, citizens and public officials have relied on various elements of American common law to prevent, abate or get compensation for injuries resulting from the final construction stage of project management. Common law concepts of nuisance, negligence and trespass have been applied by the courts to situations where essentially private rights have been infringed by debris, runoff, noise, vibrations, structural damage and other byproducts of the construction process. The common law has therefore indirectly served as an environmental control on construction activities in …

A Welcome, Michael I. Sovern

Faculty Scholarship

Though my offering here is more ceremonial than intellectual, I accepted with alacrity the editors' invitation to submit a brief, welcoming essay for Volume 1, Number 1 of the Columbia Journal of Environmental Law. I write, first, to symbolize our School's deep and abiding commitment to environmental studies, a commitment evidenced by the extraordinary number of Columbia students, faculty and alumni who have contributed and are contributing to the development of environmental law. Professors Grad, Jones, Murphy, and Rosenthal; Russel Train, David Sive and Jerome Kretchmer; and the editors of this Journal, among many others, come quickly to mind. I …

On Reanalyzing The Harris-Todaro Model: Policy Rankings In The Case Of Sector-Specific Sticky Wages, T.N. Srinivasan, Jagdish N. Bhagwati

Faculty Scholarship

In a brilliant and pioneering paper, John Harris and Michael Todaro introduced a model with two sectors, manufacturing (urban) and agriculture (rural), a (sticky) minimum wage in manufacturing and consequent unemployment. They also introduced a labor allocation mechanism under which, instead of the usual equalization of actual wages, the actual rural wage was equated with the expected urban wage; the latter was defined as the (sticky) minimum wage weighted by the rate of employment, so that, unlike in the standard rigid-wage models of trade theory (for example, Gottfried Haberler, Bhagwati, Harry Johnson, Louis Lefeber, and Richard Brecher), the unemployment resulting …

Mining Claims On Public Lands: A Study Of Interior Department Procedures, Peter L. Strauss

Faculty Scholarship

The Department of the Interior's disposition of mining claims on public lands, largely unknown to lawyers outside the West, is a significant field of federal administrative activity and an important element in planning rational use of the public lands. While energy minerals found under public lands typically pass by lease and common varieties such as sand and gravel are subject to sale, most other mineral deposits on federal property are claimed for possible exploitation by the mining claim, or "location."

The location system arose out of miners' custom, at a time when the federal lands were vacant and no federal …

Haunting Shadows From The Rubble Of Roe’S Right Of Privacy, Jacqueline Nolan-Haley

Faculty Scholarship

No abstract provided.

Drug Control In Iran: A Legal And Historical Analysis, Thomas Quinn

Faculty Scholarship

No abstract provided.

Multi-Use Condominiums: Tax Planning To Avoid Double Taxation Of Outside Income., Michael Madison

Faculty Scholarship

No abstract provided.

The Consumer Class Action: An Endangered Species, Marsha N. Cohen, Peter H. Schuck

Faculty Scholarship

No abstract provided.

Legal/Regulatory Developments Affecting Food–Perspective Of The Consumers Union, Marsha N. Cohen

Faculty Scholarship

No abstract provided.

"Uncle Sam", The Product Safety Man: Consumer Product Safety Standards In The Marketplace And In The Courts, Marsha N. Cohen, James A. Brodsky

Faculty Scholarship

No abstract provided.

Arbitration Of Public Sector Labor Disputes: The Nevada Experiment, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Class Action Issues, James R. Mccall

Faculty Scholarship

No abstract provided.

Due Process And Consumer Protection: Concepts And Realities In Procedure And Substance–Repossession And Adhesion Contract Issues, James R. Mccall

Faculty Scholarship

No abstract provided.