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1978

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Institution
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Articles 1 - 22 of 22

Full-Text Articles in Law

George Palmer, Terrance Sandalow Nov 1978

George Palmer, Terrance Sandalow

Articles

I first met George Palmer, nearly fifteen years ago, when I came to Ann Arbor to discuss the possibility of joining the faculty. The chairman of the Personnel Committee had scheduled the customary round of informal meetings with small groups of faculty members. As I recall, the first two of these meetings were marked by a certain awkwardness that I have since learned is common when faculties are interviewing someone already in teaching. The participants all understand that the object of such meetings is to permit judgments to be made about one another's intellectual qualities; yet, a certain delicacy ...


Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan Aug 1978

Glosses On Dworkin: Rights, Principles, And Policies, Donald H. Regan

Articles

A great many people have attempted to explain what is wrong with the views of Ronald Dworkin. So many, indeed, that one who read only the critics might wonder why views so widely rejected have received so much attention. One reason is that, whatever may be wrong in Dworkin's theories, there is a good deal that is right in them. But what is right is not always clear. Important passages in Dworkin can be distressingly obscure, or tantalizingly incomplete. This essay is a set of loosely connected observations on themes from Dworkin. While I shall add some criticisms of ...


Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson Jun 1978

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

Articles

The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.


The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson Jan 1978

The Federal Rules Of Evidence: A Model For Improved Evidentiary Decisionmaking In Washington, Robert H. Aronson

Articles

This article discusses the underlying reasons for establishing rules of evidence, defines two unavoidable conflicts encountered in attempting to effectuate the purposes for adopting such rules, suggests that the Federal Rules of Evidence help resolve these conflicts by adhering to several clearly enunciated rationales, and, finally, indicates how the Rules recognize and accommodate important new scientific and social insights on the admissibility of evidence.


Judicial Immunity And Sovereignty, Robert F. Nagel Jan 1978

Judicial Immunity And Sovereignty, Robert F. Nagel

Articles

No abstract provided.


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Iii: The Fraser Years -- A Time Of Excellence And Innovation, Robert Stein

Articles

The first two articles in this series described the development of the University of MinnesotaLaw School under Deans William S. Pattee' and William Reynolds Vance.2 Dean Pattee had provided thesteady andaccommodatingleadershipneeded to lay theground- work for the years of ascendancy under Dean Vance. During his eight-year tenure at Minnesota, the most important of the many improvements Dean Vance had made was in the quality of the fac- ulty. Withatalentforrecognizingtheearlymanifestationsofscho- lastic excellence, Vance had attracted to the law school professors who developed into some of the leading scholars of their day. The work of Vance and these professorsmade the stillyoung ...


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Ii: The Vance Years -- A Time Of Ascendancy, Robert Stein

Articles

The first article in this series described the first two decades of the University of Minnesota Law School as a period marked by an accommodating and cautious regime.' The next decade, in contrast, was marked by a demanding and ambitious administration whose reforms altered the face of the school at a pace that remains unparalleled in the history of the institution. The first dean, William S. Pattee, had provided a firm foundation for legal education at the University but had sometimes compromised the quality of his vision because of the exigencies of the moment.


United States Ratification Of The Human Rights Covenants, David Weissbrodt Jan 1978

United States Ratification Of The Human Rights Covenants, David Weissbrodt

Articles

On October 5, 1977, President Carter signed the International Covenant on Economic, Social and Cultural Rights, I and the Interna- tional Covenant on Civil and Political Rights.2 On that day, the Presi- dent promised to promptly transmit the two treaties to the Senate for ratification. In so doing, he drew a parallel between the "lofty standard of liberty and equality" embodied in the American Declara- tion of Independence and the principles of international human rights reflected in the United Nations Charter. 3


Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld Jan 1978

Reference Of Juvenile Offenders For Adult Prosecution: The Legislative Alternative To Asking Unanswerable Questions, Barry C. Feld

Articles

DRAWING ON SOCIAL SCIENCE RESEARCH AND EMPIRICAL EVALUATIONS OF JUDICIAL WAIVER ADMINISTRATION IN MINNESOTA AND ELSEWHERE, IT IS ARGUED THAT JUDICIAL WAIVER STATUTES REQUIRE JUVENILE COURTS TO MAKE INDIVIDUALIZED DETERMINATIONS AS TO A YOUTH'S AMENABILITY TO TREATMENT AND THE DANGER TO SOCIETY POSED BY THE YOUTH'S RETENTION WITHIN THE JUVENILE SYSTEM THAT, USING CURRENT METHODS OF CLINICAL PREDICTION, SIMPLY CANNOT BE MADE WITH AN ACCEPTABLE DEGREE OF ACCURACY. HOWEVER, IT IS BELIEVED THAT ACTUARIAL METHODS BASED ON PRESENT OFFENSE AND PAST RECORD CAN BE USED TO IDENTIFY IN ROUGH TERMS THOSE JUVENILES LIKELY TO RECIDIVATE AND, ACCORDINGLY, POSE ...


Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch Jan 1978

Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch

Articles

No abstract provided.


Soft Information: The Sec's Former Exogenous Zone, Ted J. Fiflis Jan 1978

Soft Information: The Sec's Former Exogenous Zone, Ted J. Fiflis

Articles

No abstract provided.


Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi Jan 1978

Prosecutorial Discretion, Plea Bargaining And The Supreme Court's Opinion In Bordenkircher V. Hayes, William T. Pizzi

Articles

No abstract provided.


Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller Jan 1978

Jurors' Impeachment Of Verdicts And Indictments In Federal Court Under Rule 606(B), Christopher B. Mueller

Articles

No abstract provided.


Note, Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace Jan 1978

Note, Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Articles

No abstract provided.


Prior Consistent Statements, Arthur H. Travers, Jr. Jan 1978

Prior Consistent Statements, Arthur H. Travers, Jr.

Articles

No abstract provided.


Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel Jan 1978

Separation Of Powers And The Scope Of Federal Equitable Remedies, Robert F. Nagel

Articles

No abstract provided.


In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein Jan 1978

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part I: The Pattee Years -- A Time Of Accommodation, Robert Stein

Articles

In September 1888, William S. Pattee, the newly elected dean of the University of Minnesota's infant law department,' began, with the help of lecturers from the practicing bars of Minneapolis and St. Paul, to educate some 67 '"young gentlemen of zeal and promise' 2 in the law. Ninety years later, the University of Minnesota Law School continues this mission, with 62 full-or part-time faculty members, for the benefit of about 750 students. During this period, the school has been shaped by the administrations of six deans, has conferred over 7,500 J.D. or LL.B. degrees,3 has ...


Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton Jan 1978

Some Impressions And Reflections On Observing Legal Proceedings In The People's Republic Of China, Christina B. Whitman, Sallyanne Payton

Articles

Very few foreign visitors have been allowed an opportunity to observe legal proceedings in the People's Republic of China. We were included in the first American group ever favored with a professional exchange legal tour. During the month of May 1977, we spent three weeks in China with a group of Black American judges and lawyers, headed by the Hon. George C. Crockett, Jr., Judge of the Recorder's Court of Detroit. Since we ourselves would be skeptical of the claim of a visitor to the United States who purported to have "studied" the American legal process during the ...


What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White Jan 1978

What Counts Is How The Game Is Scored: One Way To Increase Achievement In Learning Mathematics, Layman E. Allen, Gloria Jackson, Joan Ross, Stuart White

Articles

Pior investigation indicates that instructional gaming can be an effective tool for enhancing both motivation and achievement in the learning of mathematics. This study explores the extent to which the effectiveness of instructional gaming in facilitating the learning of specific mathematical ideas can be increased by incorporating devices that channel learners’ attention upon those ideas. In particular, the effect of channeling attention by changing the method of scoring is explored.


Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar Jan 1978

Is The Exclusionary Rule An 'Illogical' Or 'Unnatural' Interpretation Of The Fourth Amendment?, Yale Kamisar

Articles

More than 50 years have passed since the Supreme Court decided the Weeks case, barring the use in federal prosecutions of evidence obtained in violation of the Fourth Amendment, and the Silverthorne case, invoking what has come to be known as the "fruit of the poisonous tree" doctrine. The justices who decided those cases would, I think, be quite surprised to learn that some day the value of the exclusionary rule would be measured by-and the very life of the rule might depend on-an empirical evaluation of its efficacy in deterring police misconduct. These justices were engaged in a less ...


Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm Jan 1978

Normalized Legal Drafting And The Query Method, Layman E. Allen, C. Rudy Engholm

Articles

Normalized legal drafting is a mode of expressing ideas in statutes, regulations, contracts, and other legal documents in such a way that the syntax that relates the constituent propositions is simplified and standardized. This "normalization" results in documents that are easier to understand in the dual sense that they can be read faster and more accurately than corresponding documents that are not normalized. The query method is a technique for familiarizing learners with normalized drafting and providing practice in some of the easier aspects of doing it.


Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar Jan 1978

Brewer V. Williams, Massiah And Miranda: What Is 'Interrogation'? When Does It Matter?, Yale Kamisar

Articles

On Christmas Eve, 1968, a ten-year-old girl, Pamela Powers, disappeared while with her family in Des Moines, Iowa.2 Defendant Williams, an escapee from a mental institution and a deeply religious person, 3 was suspected of murdering her, and a warrant was issued for his arrest.4 Williams telephoned a Des Moines lawyer, McKnight, and on his advice surrendered himself to the Davenport, Iowa, police.5 Captain Learning and another Des Moines police officer arranged to drive the 160 miles to Davenport, pick up Williams, and return him directly to Des Moines. 6 Both the trial court 7 and the ...