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Full-Text Articles in Law

Cases, Conflict, And Accommodation: Patterns Of Legal Interaction In An American Community, David M. Engel Oct 1983

Cases, Conflict, And Accommodation: Patterns Of Legal Interaction In An American Community, David M. Engel

Journal Articles

This article provides an overview of an empirical study of a civil trial court and the environment of indigenous law and conflict resolution in which the court operates. The article combines an analysis of civil cases and litigants with an investigation of alternative nonjudicial approaches used by residents of the community. The first section of the article examines the emergence of legal conflicts from the fabric of social relationships in the community and compares cases and parties in the court with those that gravitate toward nonjudicial settings. The second section compares processes and outcomes available in the court with those ...


Relationism: Legal Theory For A Relational Society, Gidon A. G. Gottlieb Apr 1983

Relationism: Legal Theory For A Relational Society, Gidon A. G. Gottlieb

Journal Articles

No abstract provided.


Codifying Caste: Louisiana's Racial Classification Scheme And The Fourteenth Amendment, Raymond T. Diamond, Robert J. Cottrol Jan 1983

Codifying Caste: Louisiana's Racial Classification Scheme And The Fourteenth Amendment, Raymond T. Diamond, Robert J. Cottrol

Journal Articles

No abstract provided.


Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis Jan 1983

Presumptive And Per Se Takings: A Decisional Model For The Taking Issue, John Costonis

Journal Articles

Professor Costonis presents a decisional model for the judicial management of compensation practice under the takings clause that comprehends both physical and regulatory incursions. The model contains four elements: a commitment to presumptions rather than per se rules to determine whether property has been taken; a due process-takings phase, in which conflicts between welfare and indemnification concerns are mediated through application of the just share principle; a pure takings phase, in which a measure's fairness in operation is assessed; and a sliding scale to key government's burden of proof in justifying a particular measure in light of the ...


Constitutional Law, Paul R. Baier Jan 1983

Constitutional Law, Paul R. Baier

Journal Articles

No abstract provided.


Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren Jan 1983

Beyond Cases: Reconsidering Judicial Review, Janet S. Lindgren

Journal Articles

No abstract provided.


The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie Jan 1983

The Most Insignificant Justice: A Preliminary Inquiry, David P. Currie

Journal Articles

No abstract provided.


The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau Jan 1983

The Political Offense Exception As Applied In French Cases Dealing With The Extradition Of Terrorists, Thomas E. Carbonneau

Journal Articles

There is no doubt that terrorism is a dangerous, costly and complex problem. Commentators have speculated extensively about its ideological character and other analysts have studied its sociological roots and psychological origins. Despite all this attention, there is a lack of consensus in the international community about whether terrorism is no more than a sensational form of criminality or a legitimate mode of political expression.

This article does not attempt to deal with all of the multifarious aspects of contemporary terrorism; its ambition is much more modest in scope, centering upon traditional legal mechanisms and doctrines that can be adapted ...


Statistical Significance And The Burden Of Persuasion, David H. Kaye Jan 1983

Statistical Significance And The Burden Of Persuasion, David H. Kaye

Journal Articles

In most endeavors concerned with the acquisition of knowledge, quantitative information is welcomed. In law, however, it appears sometimes that scientific or numerical evidence makes cases harder, not easier. Nevertheless, there are many cases and administrative proceedings, in such areas as environmental law, food and drug regulation, and civil rights, in which statistical data obtained by observation or experiment are readily accepted as assisting in the proper resolution of disputed issues of fact. When courts or administrators confront scientific and statistical evidence in these proceedings, they are not always certain of how to weigh the evidence or whether they should ...


An Examination Of The Effect Of Recent Legislation On Commodity Tax Straddles, Samuel C. Thompson Jr. Jan 1983

An Examination Of The Effect Of Recent Legislation On Commodity Tax Straddles, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.


Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer Jan 1983

Public Employee Strikes, Executive Discretion, And The Air Traffic Controllers, Cass R. Sunstein, Bernard D. Meltzer

Journal Articles

No abstract provided.


From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam Jan 1983

From The Gold Clause Cases To The Gold Commission: A Half Century Of American Monetary Law, Kenneth W. Dam

Journal Articles

No abstract provided.


The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie Jan 1983

The Constitution In The Supreme Court: Contracts And Commerce, 1836-1864, David P. Currie

Journal Articles

Continuing a study of the first hundred years of constitutional litigation, Professor Currie explores the decisions of the Taney period respecting the Contract and Commerce Clauses. Though early decisions of the Taney Court seemed to portend a departure from the nationalism of its predecessor, the author argues that the impression was largely misleading. In general, for example, the Court under Taney proved rather sympathetic to contract rights. In Commerce Clause cases, after being badly split, the Court was able to agree on a longlasting formula that acknowledged an implicit limitation on state power, and although in the Taney period the ...


Bankruptcy Judges And The Independent Judiciary, David P. Currie Jan 1983

Bankruptcy Judges And The Independent Judiciary, David P. Currie

Journal Articles

No abstract provided.


Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird Jan 1983

Common Law Intellectual Property And The Legacy Of International News Service V. Associated Press, Douglas G. Baird

Journal Articles

No abstract provided.


The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz Jan 1983

The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz

Journal Articles

No abstract provided.


Adverse Possession And Subjective Intent, Richard H. Helmholz Jan 1983

Adverse Possession And Subjective Intent, Richard H. Helmholz

Journal Articles

No abstract provided.


Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner Jan 1983

Statutory Interpretation--In The Classroom And In The Courtroom, Richard A. Posner

Journal Articles

This paper continues a discussion begun in an earlier paper in this journal.1 That paper dealt primarily with the implications for statutory interpretation of the interest-group theory of legislation, recently revivified by economists; it also dealt with constitutional interpretation. This paper focuses on two topics omitted in the earlier one: the need for better instruction in legislation in the law schools and the vacuity of the standard guideposts to reading statutes- the "canons of construction." The topics turn out to be related. The last part of the paper contains a positive proposal on how to interpret statutes.


The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz Jan 1983

The Early History Of The Grand Jury And The Canon Law, Richard H. Helmholz

Journal Articles

No abstract provided.


Preface, Thomas L. Shaffer Jan 1983

Preface, Thomas L. Shaffer

Journal Articles

No abstract provided.


The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis Jan 1983

The Responsibilities Of The United Kingdom Parliament And Government Under The Australian Constitution, John M. Finnis

Journal Articles

Arguing that the United Kingdom retained constitutioanl duties to Australia following that country's independence.


The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer Jan 1983

The Legal Ethics Of The Two Kingdoms, Thomas L. Shaffer

Journal Articles

No abstract provided.


Government Enforcement Policy Of Section 7 Of The Clayton Act: Carte Blanche For Conglomerate Mergers?, Joseph P. Bauer Jan 1983

Government Enforcement Policy Of Section 7 Of The Clayton Act: Carte Blanche For Conglomerate Mergers?, Joseph P. Bauer

Journal Articles

This Article argues that the Department of Justice's recently articulated enforcement intentions with respect to conglomerate mergers are inconsistent with the case law applying section 7 of the Clayton Act to these transactions and also represent unsound policy. Part I will review the conglomerate merger jurisprudence of the past two decades - looking at the theories that have been used to challenge them, at the important judicial decisions interpreting and applying those theories, and at the Guidelines adopted by the Department of Justice in 1968 to codify these developments. It will then briefly discuss certain developments regarding conglomerate mergers the ...


What Now For The Insanity Defense?, Fernand N. Dutile, Thomas H. Singer Jan 1983

What Now For The Insanity Defense?, Fernand N. Dutile, Thomas H. Singer

Journal Articles

No abstract provided.


Blackmail, Inc., Richard A. Epstein Jan 1983

Blackmail, Inc., Richard A. Epstein

Journal Articles

No abstract provided.


Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam Jan 1983

Extraterritoriality And Conflicts Of Jurisdiction, Kenneth W. Dam

Journal Articles

No abstract provided.


The Surveys That Broke Monopoly, Hans Zeisel Jan 1983

The Surveys That Broke Monopoly, Hans Zeisel

Journal Articles

No abstract provided.


The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas Jan 1983

The Direct And Collateral Estoppel Effects Of Alternative Holdings, Jo Desha Lucas

Journal Articles

No abstract provided.


Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum Jan 1983

Dissenting Opinions By Supreme Court Justices In Federal Income Tax Controversies, Walter J. Blum

Journal Articles

No abstract provided.


Suing Government, Cass R. Sunstein Jan 1983

Suing Government, Cass R. Sunstein

Journal Articles

No abstract provided.