Law Commons^™

Ethical Issues In Biological Engineering, Martin P. Golding

Faculty Scholarship

In this article I shall discuss some of the ethical issues that arise in connection with social programs of biological engineering. My treatment falls, roughly, into two parts. After presenting some preliminary background and discussing the limitations of this paper, I turn to certain general questions about social programs and our obligations to the future in sections II through IV. I then pass on to specific considerations of programs of biological engineering in sections V through VII, although there are allusions to them in earlier sections. In both parts, some issues are gone into detail, while others are merely brought …

Personal And Institutional Rights In Community, George C. Christie

Faculty Scholarship

This article is primarily concerned with the concept of justice in the relationship between the individual and his church and between the individual and private educational institutions, particularly church affiliated educational institutions.

The Demise Of The Right-Privilege Distinction In Constitutional Law, William W. Van Alstyne

Faculty Scholarship

The right-privilege distinction, as it appeared in an early statement by Justice Holmes, has long hampered individuals within the public sector in protecting themselves against arbitrary governmental action. In this article Professor Van Alstyne reviews the uses and misuses to which the "privilege" concept has been put and then examines those doctrines whose flanking attacks have gradually eroded its efficacy. But none of these doctrines comes to grips with Holmes' basic idea of a "privilege" to which substantive due process is inapplicable. Applying Holmes' own jurisprudence, the author argues that the concept of "privilege" is today no longer viable, and …

The Judicial Trend Toward Student Academic Freedom, William W. Van Alstyne

Faculty Scholarship

This analysis references the growing likelihood that even “private” colleges and universities may be viewed as state actors due to these institutions growing reliance on public funds and their performance of what is often considered a public function. Under this treatment, this examination discusses the growing sphere of student rights.

A Suggested Alternative Approach To The Senate Finance Committee Staff's 1985 Proposals For Revising The Merger And Acquisition Provisions, Samuel C. Thompson Jr.

Faculty Scholarship

No abstract provided.

Two Kinds Of Legal Rules: A Comparative Study Of Burden-Of-Persuasion Practices In Criminal Cases, George P. Fletcher

Faculty Scholarship

Good men everywhere praise the presumption of innocence. And be they Frenchmen, Germans, or Americans, they agree on the demand of the presumption in practice. Both here and abroad, the state's invocation of criminal sanctions demands a high degree of proof that the accused has committed the offense charged. To express the requisite standard of proof, common lawyers speak of the prosecutor's duty to prove his case beyond a reasonable doubt. And Continental lawyers invoke the maxim in dubio pro reo – a precept requiring triers of fact to acquit in cases of doubt.

The French speak of the presomption …

The Presumption Of Innocence In The Soviet Union, George P. Fletcher

Faculty Scholarship

The presumption of innocence is a curious item in the baggage of Western legal rhetoric. Revered today here and abroad, it has become a standard clause in international testimonials to the rights of man. Yet, at first blush, it seems conceptually anomalous and irrelevant in practice. It is hardly a presumption of fact – a distillation of common experience; statistics betray the suggestion that men indicted on criminal charges are likely to be innocent. Nor is it a legal rule masquerading as an irrebuttable presumption; it is rebuttable by proof beyond a reasonable doubt of the defendant's guilt. Further, it …

The New Jersey Estoppel Statute In Subdivision Control Administration, Leo M. Romero

Faculty Scholarship

Subdivision control statutes allow a municipality to supervise the subdivision of land in the public interest. As part of the subdivision approval process, state enabling acts authorize municipalities to require the developer to install paved streets, drainage and sewage facilities, water supplies, and other improvements that are necessary to the development. While emphasizing the necessity of protecting the public by requiring these necessary improvements, courts and legislatures have neglected to give the developer the assurance of certainty that these requirements, once imposed, will not later be changed. This assurance is necessary, as the developer must be able to rely on …

The Federal Air Pollution Program, Leo M. Romero

Faculty Scholarship

An awareness of the awesome threat-both to our health and to our economy-posed by a polluted atmosphere has long been widespread. Only recently, however, has concern been translated into conduct on the part of those whose initiative is essential if we are to meet one of the most technical challenges of our industrial society.

In Memoriam, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Lawyer's Role In Resistance, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Language And Law In Ethiopia, Fassil Abebe, Stanley Z. Fisher

Faculty Scholarship

The purpose of this article is twofold: first, to introduce our readers to the problems of legal terminology in Ethiopia's codes and to explain what the Faculty of Law has been attempting to achieve in this area; second, to give some specific examples, drawn from the procedural codes, of these language problem.

The Truth-In-Negotiations Act – An Examination Of Defective Pricing In Government Contracts, Michael J. Graetz

Faculty Scholarship

Charges of excessive profitmaking on government contracts have issued from the Senate floor and the nation's press and have provided the impetus for recent congressional investigations and proposals for remedial legislation. Profiteering by government contractors is a problem of potentially enormous dimensions since purchases by the federal government total more than seventy-seven billion dollars – over ten per cent of the gross national product. Because the greatest part of these purchases are made by the Department of Defense, congressional action aimed at minimizing excessive profits has focused upon Defense Department procurement activities under the Armed Services Procurement Act (ASPA).

Union Discrimination Checked: Ethridge V. Rhodes Rouses A Slumbering Giant Leading Article, Maria Marcus

Faculty Scholarship

This article considers case law relating to state actors and the racist practices of labor unions.

Transatlantic Attitudes Toward Self-Incrimination, Kevin H. Tierney

Faculty Scholarship

No abstract provided.

Electoral College - Its Defects And Dangers, The, John D. Feerick

Faculty Scholarship

In a few months we will witness the operation of the electoral college system of electing the President and Vice President of the United States. Due partly to the appearance of George C. Wallace's American Independent Party,' the 1968 election could be decided in the House of Representatives, where each state has one vote regardless of its population. The election seems certain to point up the perils in our present system. Although our system of electing the President is now under scrutiny by Congress, reform does not appear imminent. As in the case of presidential inability, a tragedy or near …

On Interpreting The Ethiopian Penal Code, Peter L. Strauss

Faculty Scholarship

The aim of this article is to set out and discuss some general principles of interpreting the Ethiopian Penal Code – that is to say, of using it. Even now, ten years after it came into effect, many people have difficulty in understanding and using the Penal Code in a straightforward way. It seems complex, and many of its fundamental conceptions are unfamiliar to Ethiopian lawyers. This article, discussing at length how the code is built, may help reduce its apparent complexity and thus facilitate its day-to-day application.

More On The Equivalence Of Tariffs And Quotas, Jagdish N. Bhagwati

Faculty Scholarship

In an earlier paper on the equivalence of tariffs and quotas [1], I argued that this equivalence – defined such that a tariff would lead to a level of imports which, if alternatively set as a quota, would generate the same implicit tariff – followed from the assumptions of competitive domestic production, supply of imports, and holding of quotas. This universality of competitiveness sufficed to guarantee equivalence, as defined. It was further argued that a departure from these assumptions could, in general, destroy this equivalence and several such departures were analyzed: (1) perfect competition in domestic production replaced by pure …

The Consent Problem In Wiretapping & Eavesdropping: Surreptitious Monitoring With The Consent Of A Participant In A Conversation, Kent Greenawalt

Faculty Scholarship

The extent to which American society should permit wiretapping and electronic eavesdropping has been considered by judges, legislators and scholars for many years, although this consideration has yet to result in legal rules that respond rationally and consistently to the conflicting demands of privacy and effective law enforcement. Constitutional analysis has, until very recently, relied on concepts like "physical invasion of a constitutionally protected area," producing distinctions with little relation to underlying social values; statutory restrictions on wiretapping have been much more severe than those imposed on eavesdropping, though the latter, particularly in light of the rapidly developing technology, poses …

The Heart Cases In Workmen’S Compensation: An Analysis And Suggested Solution, Arthur Larson

Faculty Scholarship

No abstract provided.

Limitations On Contract Termination Rights—Franchise Cancellations, Ernest Gellhorn

Faculty Scholarship

No abstract provided.

Georgia’S Urgent Need For A Modern Corporation Statute, F. Hodge O'Neal

Faculty Scholarship

No abstract provided.

Substantive Interests And The Jurisdiction Of State Courts, Paul D. Carrington, James A. Martin

Faculty Scholarship

No abstract provided.

Mutuality Of Remedy In California Under Civil Code Section 3386, James D. Cox

Faculty Scholarship

No abstract provided.

Book Review, George C. Christie

Faculty Scholarship

Reviewing Samuel Enoch Stumpf, Morality and the Law (1966)

Book Review, Robinson O. Everett

Faculty Scholarship

Reviewing, Edward D. Re, Brief Writing and Oral Argument (3d ed. 1965)

Book Review, Michael E. Tigar

Faculty Scholarship

No abstract provided.

Constitutionality Of Subdivision Control Exactions The Quest For A Rationale, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

Succession, John D. Johnston Jr.

Faculty Scholarship

No abstract provided.

School Segregation And Professor Avins’ History: A Defense Of Brown V. Board Of Education, Walter E. Dellinger Iii

Faculty Scholarship

No abstract provided.