Law Commons^™

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

Faculty Scholarship

No abstract provided.

Note, Self-Incrimination: Privilege, Immunity, And Comment In Bar Diciplinary Proceedings, Sara Sun Beale

Faculty Scholarship

No abstract provided.

Public Opinion And The Death Penalty, Neil Vidmar, Phoebe Ellsworth

Faculty Scholarship

No abstract provided.

The Fourth Amendment At The Airport: Arriving, Departing Or Cancelled?, Joel Gora

Faculty Scholarship

No abstract provided.

The Suicide Defense In Workmen’S Compensation, Arthur Larson

Faculty Scholarship

No abstract provided.

The Espionage Statutes And Publication Of Defense Information, Harold Edgar, Benno C. Schmidt Jr.

Faculty Scholarship

We began this lengthy study of the espionage statutes with grand designs. Our original goal, suggested by the Pentagon Papers litigation, was to elaborate the extent to which constitutional principles limit official power to prevent or punish public disclosure of national defense secrets. But this plan was short-lived. The more we considered the problem, the more convinced we became that the central issues are legislative. The first amendment provides restraints against grossly sweeping prohibitions, but it does not, we believe, deprive Congress of considerable latitude in reconciling the conflict between basic values of speech and security.

President Nixon: Toughing It Out With The Law, William W. Van Alstyne

Faculty Scholarship

This paper examines President Nixon's handling of the Watergate scandal, arguing that Nixon's stance of "toughing it out with the law" was a common ploy used during his administration to extend the breadth of the issue in question. This expansion deflected attention away from the issue of the Constitutional limits on a president's power and was used to justify a broad spectrum of powers Nixon exercised during his presidency.

Collateral Challenges To Criminal Convictions, Keith G. Meyer, Larry Yackle

Faculty Scholarship

The Kansas Defender Project is a clinical program sponsored by the University of Kansas School of Law. The Project provides student legal services to indigent prison inmates at the United States Penitentiary at Leavenworth and the Kansas State Penitentiary at Lansing, Kansas. Launched in 1965 through the efforts of Paul E. Wilson, Kane Professor of Law, the Project has since been a model for similar clinical undertakings at law schools across the country.

Protecting The Buyer Of Previously Encumbered Goods: Another Plea For Revision Of Ucc Section 9-307(I), Charles L. Knapp

Faculty Scholarship

No abstract provided.

Militants, Moderates, And Social Change, Michael I. Sovern

Faculty Scholarship

The thesis of this paper is a simple generalization: To the extent that social protest draws attention to its form rather than to the grievance it seeks to redress, it is likely to be unproductive. I add a quick qualification. In offering this generalization, I am assuming that the protester is genuine in seeking to redress one or more grievances and that he is not using the grievance as a subterfuge to pick a fight. If the purpose of the protest is in fact to provoke a repressive response, then, of course, my generalization is inapplicable.

We obviously have a …

Exchange Control, Liberalization, And Economic Development, Jagdish N. Bhagwati, Anne O. Krueger

Faculty Scholarship

This paper highlights results of the National Bureau of Economic Research's (NBER) research project on exchange control, liberalization and economic development from 1970-1973. Initial adoption of exchange controls was generally an ad hoc response to external events. The optimal resource allocation dictum – that the marginal cost of earning foreign exchange should be equated with the marginal cost of saving foreign exchange – was generally abandoned in favor of saving foreign exchange at all costs. An export-oriented development strategy generally entails relatively greater use of indirect, rather than direct, interventions. There is considerable evidence from the individual country studies that …

Uncertain Rule Of Certainty: An Analysis And Proposal For A Federal Evidence Rule, The , Michael M. Martin

Faculty Scholarship

Two characteristic principles of Anglo-American evidence law are the requirement that witnesses testify only to their personal observations (the "first-hand knowledge" rule) and the prohibition against witnesses testifying to their inferences (the "opinion" rule). However, a longstanding exception to these principles permits witnesses possessed of skill or learning to draw inferences, often from facts they have not personally observed. Because such expert opinion testimony is exceptional, it is hedged about with various restrictions in addition to those such as relevancy which apply to all testimony. The predicate for admission of expert opinion testimony generally consists of two elements. First, the …

Presumption That Estate Income Is Allocated Among Multiple Beneficiaries In Proportion To Their Receipt Of Total Distributions Given Conclusive Rather Than Rebuttable Effect, Calvin R. Massey

Faculty Scholarship

No abstract provided.

The Past As Prologue: A History Of The Right To Repossess, James R. Mccall

Faculty Scholarship

No abstract provided.

Contractual Aspects Of Malpractice, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Workmen's Compensation: The Aggressor Defense Resurrected, Gail Boreman Bird

Faculty Scholarship

No abstract provided.

Professor Milton Handler, Michael I. Sovern

Faculty Scholarship

Milton Handler taught his first class at Columbia four years before I was born. Because of my parents' tardiness, he was beginning his twenty-sixth year on the Faculty by the time I was old enough to register for his course in Trade Regulation in the fall of 1953. I have been an admirer of Milton Handler ever since.

It has been my good fortune to know him in many ways. As a teacher, he was truly extraordinary – a penetrating analyst, a builder of grand syntheses, a master of the Socratic method. Though his courses were usually electives, most of …

Julius Goebel, Jr.: In Fond Recollection, Michael I. Sovern

Faculty Scholarship

Memorable teachers, like great delicacies, are not to everybody's taste. Most of us endured nineteen years of formal education, encountering perhaps 100 teachers along the way. Many were journeymen, imparting whatever information their particular slice of the curriculum warranted. A few, a very few, truly moved our minds. And, not uncommonly, the genius who made me see left others in the dark, while my friend's cicerone left me hopelessly lost. The teacher who dares to inspire will not inspire many, but if in every class a few are enabled to think in a way they could not think before, that …

Taxation Of Unrealized Gains At Death – An Evaluation Of The Current Proposals, Michael J. Graetz

Faculty Scholarship

The failure to tax the appreciation of capital assets transferred at death has been described as the major shortcoming of existing federal income tax laws. From time to time since 1942, the Department of the Treasury and others have urged alteration of the rule which underlies this failure. Recently the House Ways and Means Committee held panel discussions and public hearings on the subject of tax reform during which consideration was given to the possibility of changing the laws dealing with taxation of appreciated property at death. In its recommendations to the Committee, the Treasury Department did not push for …

Constitutional Adjudication: The Who And When, Henry Paul Monaghan

Faculty Scholarship

When the newly appointed Justices of the Supreme Court assembled in the Royal Exchange Building in New York for their first session on February 2, 1790, the most farsighted individual could not have foreseen what the future held for this tribunal. Now less than a generation short of its 200th anniversary, the Court is universally acknowledged to be the final and authoritative expositor of the Constitution. Yet after almost two centuries, questions concerning this power of the Court to interpret the Constitution remain. The first set of questions centers on the substantive standards for constitutional adjudication. The second, with which …

Restitution In A Contractual Context, Joseph Perillo

Faculty Scholarship

No abstract provided.

General Equilibrium Theory And International Trade, Jagdish N. Bhagwati

Faculty Scholarship

This volume of Takashi Negishi's excellent essays in the theory of international trade underlines two major phenomena in this field: i) the displacement of the MarshalJian partialequilibriμm tools of analysis (now to be found only in the old-fashioned textbooks) by the general-equilibrium analysis of Mill, Marshan and Edgeworth which culminated in the major work of Meade and others; and ii) the emergence of a creative and ingenious school of Japanese international trade theorists in the last decade (of which Negishi is one of the more eminent members) which has virtually shifted the center of gravity in trade-theoretic research from England …

To Where Does One Attach The Horses?, Aaron Twerski

Faculty Scholarship

No abstract provided.

Debate, The Right To Treatment: Encounter And Synthesis, Aaron Twerski

Faculty Scholarship

No abstract provided.

Attorney's Securities Law Liabilities, Roberta S. Karmel

Faculty Scholarship

No abstract provided.

Choice Of Law In Contracts: Some Thoughts On The Weintraub Approach, Aaron Twerski

Faculty Scholarship

No abstract provided.

The Social Security-Workmen’S Compensation Offset In Practice, Arthur Larson

Faculty Scholarship

No abstract provided.

Variable Rental Provisions In Long Term Ground Leases, Neil S. Hecht

Faculty Scholarship

Rockefeller Plaza, Madison Square Garden, the Pan Am Building, the Waldorf-Astoria, the New York Hilton, the Washbridge apartment development, and numerous cooperative residential, and office buildings are modem monuments to the vitality, flexibility, and utility of the long term ground lease. The long term ground lease is primarily an urban financing and investment vehicle that enables a lessor to convey land or air rights to a lessee who undertakes to develop the property through new construction or substantial improvements. As such, this device comprises relationships that embrace the criteria of time and function. In terms of time, common usage in …

Deductibility Of Expenses For Child Care And Household Services: New Section 214, Alan L. Feld

Faculty Scholarship

It is increasingly common to find families composed of husband, wife and young children, where both husband and wife are gainfully employed. For some, this pattern is regarded as preferable to the older "ideal" family, where the husband was the sole breadwinner and the wife cared for the children, performed household chores and perhaps engaged in social or charitable activities. Where both spouses are gainfully employed, it is often necessary for the family to employ household help to care for the children and do the housework. These expenditures are "necessary" to the gainful employment of both spouses in the sense …

Sex Discrimination In Law School Placement, Frank T. Read, Elisabeth S. Petersen

Faculty Scholarship

No abstract provided.