Law Commons^™

Logic And Coercion In Bentham's Theory Of Law, David B. Lyons

Faculty Scholarship

Unlike conventional moral standards and other social rules, laws can be deliberately laid down and changed by specified procedures. It therefore seems reasonable to think of laws as issuing from or adopted by lawmakers who are ordinary human beings. Since laws tell us what must or must not be done, and since there is some temptation to understand all laws on the same pattern, it is natural to think of them as either commands or prohibitions. This is indeed a traditional view.

The Hunting Of The Shark: An Inquiry Into The Limits Of Congressional Power Under The Commerce Clause, David S. Bogen

Faculty Scholarship

No abstract provided.

Book Review: Reconstruction And Reunion, 1864-88, Part One, David S. Bogen

Faculty Scholarship

No abstract provided.

Bias Impeachment And The Proposed Federal Rules Of Evidence, John R. Schmertz, Karen Czapanskiy

Faculty Scholarship

In the fall of 1971 the Supreme Court's Advisory Committee presented to the Court the Proposed Federal Rules of Evidence. The Committee failed to include a rule on impeachment by bias, interest, or prejudice. In failing to include such a rule, the Committee bypassed the opportunity to reconcile a conflict over both the content and methodology of this form of impeachment. The authors, in an attempt to show the need for a rule dealing with bias impeachment, analyze the present decisional conflict in this area. They conclude by proposing a rule designed to add some uniformity to this highly persuasive …

The Enforcement Of Federal Standards In Grant-In Aid Programs: Suggestions For Beneficiary Involvement, Edward A. Tomlinson

Faculty Scholarship

No abstract provided.

Bathtub Conspiracies: A Doctrinal Cleansing Is Needed, Michael H. Dessent

Faculty Scholarship

No abstract provided.

The Conflict Of Laws Problem Between The Longshoremen’S Act And State Workmen’S Compensation Acts, Arthur Larson

Faculty Scholarship

No abstract provided.

Congress, The President, And The Power To Declare War: A Requiem For Vietnam, William W. Van Alstyne

Faculty Scholarship

Several arguments have been advanced in support of the President's authority to continue use of the Armed Forces in Vietnam without a congressional declaration of war as provided by the Constitution.

Fraud Is In The Eyes Of The Beholder: Rule 10b-5’S Application To Acts Of Corporate Mismanagement, James D. Cox

Faculty Scholarship

No abstract provided.

The New Confrontation—Hearsay Dilemma, Frank T. Read

Faculty Scholarship

No abstract provided.

Changing Concepts Of Private Property, Bertel M. Sparks

Faculty Scholarship

No abstract provided.

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

Faculty Scholarship

No abstract provided.

On Egalitarian Overzeal: A Polemic Against The Local School Property Tax Cases, Paul D. Carrington

Faculty Scholarship

No abstract provided.

Family Law 1971 Survey Of New York Law: Part Five--Miscellaneous, Ted Occhialino, Richard A. Ellison

Faculty Scholarship

Review of recent cases (1970-1972) concerning divorce proceedings, family support, paternity proceedings, child custody, adoptions, juvenile delinqueny (PINS), and child protective proceedings.

Medical Remedies And Human Rights: Why Civil Rights Lawyers Must Become Involved In Medical Decision-Making, George J. Annas

Faculty Scholarship

As recently as the turn of the century a random patient meeting a random physician had less than a 50:50 chance of benefiting from the encounter. Physicians were just beginning to emerge from the era when they were essentially tradesmen, often with little more to offer their patients than comfort and company during illness and death. The principal causes of mortality were the infectious diseases against which the medical community stood impotent. There were few medical schools, few diagnostic tests, no specific treatment of disease, and no specialization of physicians. In the words of former AMA president Dwight L. Wilbur, …

First Two Volumes Of Holmes Devise History Of The United States Supreme Court Are Published, George C. Christie

Faculty Scholarship

Article focuses on review of the first volume of the Holmes Devise History, Julius Goebel, Jr., Antecedents and Beginnings to 1801 (1971)

Government Surveillance And Individual Freedom: A Proposed Statutory Response To Laird V. Tatum And The Broader Problem Of Government Surveillance Of The Individual, George C. Christie

Faculty Scholarship

The term "surveillance" has taken on symbolic significance in our times. To those who shout "law and order" and decry the pampering of criminal defendants, surveillance is viewed as an essential law enforcement tool. To those who stress the protection of individual freeddoms and point to the embattled position of a criminal defendant struggling against the monolithic forces of the state, surveillance is cast as an ugly instrument of repression. Of course, when considered in the abstract, both of these are the extreme positions, and the Congress had at least attempted to define approptiate legal paramaters for the use of …

The Indigent's Right To A Transcript Of Record, Larry Yackle

Faculty Scholarship

There is no more fascinating subject in the field of federal constitutional law than the relationship between due process and equal protection, concepts brought together in the fourteenth amendment. Governmental action that is fundamentally unfair and a denial of due process may also involve discriminatory treatment and a denial of equal protection.' Accordingly, in a number of cases the distinction between the two concepts has been blurred. In Douglas v. California, the Supreme Court held that on first appeal counsel must be furnished to indigents at state expense because the failure to provide professional representation is both fundamentally unfair and …

The Legal And Regulatory Framework For Thermal Discharge From Nuclear Power Plants, Michael S. Baram

Faculty Scholarship

As the rate of electricity generation increases, and as more nuclear power plants-in contrast to fossil fuel and hydro-electric facilities-are built to meet power needs, the use of cooling water and its subsequent discharge in heated states into the environment is expected to rise to massive levels. Estimates of future cooling water use vary and are subject to technical and economic developments, but by 1990, between 640 and 850 billion gallons per day are expected to be required. This range of water use can be roughly equated to one-half to three fourths of the average daily run-off of fresh water …

Fairness And Utility In Tort Theory, George P. Fletcher

Faculty Scholarship

Professor Fletcher challenges the traditional account of the development of tort doctrine as a shift from an unmoral standard of strict liability for directly causing harm to a moral standard based on fault. He then sets out two paradigms of liability to serve as constructs for understanding competing ideological viewpoints about the proper role of tort sanctions. He asserts that the paradigm of reciprocity, which looks only to the degree of risk imposed by the parties to a lawsuit on each other, and to the existence of possible excusing conditions, provides greater protection of individual interests than the paradigm of …

The Structure Of The Securities Market–Past And Future, William K.S. Wang, Thomas A. Russo

Faculty Scholarship

No abstract provided.

The Heckscher-Ohlin Theorem In The Multi-Commodity Case, Jagdish N. Bhagwati

Faculty Scholarship

Ronald Jones, in his seminal paper (1957) on Heckscher-Ohlin theory, has argued that, for the case of two countries, two factors, and several commodities, the Heckscher-Ohlin theorem would remain valid in the following weak sense: "Ordering the commodities with respect to the capital-labor ratios employed in production is to rank them in order of comparative advantage. Demand conditions merely determine the dividing line between exports and imports; it is not possible to break the chain of comparative advantage by exporting, say, the third and fifth commodities and importing the fourth when they are ranked by factor intensity" (p. 85).

It …

Reflections On The Tax Legislative Process: Prelude To Reform, Michael J. Graetz

Faculty Scholarship

Tax reform is one of those motherhood issues-everybody's for it. Election year 1972 generated many far-reaching tax reform proposals which, if enacted, would have a profound impact on virtually every segment of American society. Senator McGovern recommended taxing capital gains at the same rates as ordinary income, eliminating almost $7 billion granted to businesses by reducing the investment tax credit and depreciation allowances, and offering state and local governments a 50 percent interest subsidy to encourage them to issue taxable, rather than tax-exempt, bonds. In addition, he proposed eliminating the percentage depletion allowance and the deduction for intangible drilling expenses …

Attempts To Monopolize-Specific Intent As Antitrust’S Ghost In Machine, Barry Hawk

Faculty Scholarship

No abstract provided.

Searching For The Intent Of The Framers Of Fourteenth Amendment , Robert J. Kaczorowski

Faculty Scholarship

IN 1946 JUSTICE HUGO BLACK DECLARED that one of the objects of the fourteenth amendment was to apply the Bill of Rights to the States. He was confident that an analysis of the intent of the framers of the amendment would support his assertion. A few years later the Supreme Court requested such an investigation, but when the analysis was made and the results presented to it, the Supreme Court concluded that the framers' intent could not be determined. The uncertainty surrounding the intent of the framers of the fourteenth amendment has had profound implications on the application of that …

Public Employee Bargaining In California: The Meyers-Milias-Brown Act In The Courts, Joseph R. Grodin

Faculty Scholarship

No abstract provided.

1971 Annual Survey Of Michigan Law: Contracts, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Professor Paul R. Hays, Michael I. Sovern

Faculty Scholarship

When I learned that the Editors of the Columbia Law Review were planning to dedicate this issue to Paul Hays, I took an extraordinary step. I volunteered. It seemed to me that the occasion should not pass without a formal expression of thanks from the Dean of the School of Law and an informal acknowledgment of the personal debt I owe to Paul Hays.

The formal thanks, richly deserved, can be simply stated. A valued colleague, a brilliant scholar, an inspiring teacher – Paul Hays is all of these and the School he served for more than three decades is …

The Relationship Between Promise And Performance In State Intervention In Family Life, Peter L. Strauss, Millard L. Midonick, Nanette Dembitz, Harriet F. Pilpel, David J. Rothman

Faculty Scholarship

JUDGE MIDONICK: We have a fantastic representation of our alumni here and we've overdone our 10:00 starting time and we're supposed to stop at 12:00 promptly in order for us to go to the Low Memorial Library for lunch, for those who are having lunch with us. In order to be on time for this afternoon's extravaganza we really ought to begin now. You must understand this program is entirely unrehearsed and therefore will be more interesting. We have with us today a panel of four whom I will introduce as they are to speak. The first speaker will speak …

Legal Principles And The Limits Of Law, Joseph Raz

Faculty Scholarship

Most people tend unreflectively to assume that laws belong to legal systems. "Most educated people," writes H. L. A. Hart, "have the idea that the laws in England form some sort of system, and that in France or the United States or Soviet Russia and, indeed, in almost every part of the world which is thought of as a separate 'country' there are legal systems which are broadly similar in structure in spite of important differences." This includes for most people the assumption that laws differ from non-legal rules and principles. There are, for example, moral rules and principles, social …