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1982

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Full-Text Articles in Law

The Coming Curtailment Of Compulsory Child Support, David L. Chambers Aug 1982

The Coming Curtailment Of Compulsory Child Support, David L. Chambers

Articles

Absent parents ought to contribute to the support of their minor children and states can appropriately invoke the force of law to compel them to do so. Stated so generally, even absent parents behind in their payments would probably agree. Since so many others agree as well, and since the numbers of single-parent children have mushroomed, systems of governmentally compelled support in this country have grown enormously. By the early part of the next century, if current laws remain in force and current population trends continue, most of America's children on any given day will be entitled to support ...


Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Building Theories Of Judicial Review In Natural Resources Law, William H. Rodgers, Jr.

Articles

In the specialty of natural resources law, there is no reason to expect our tasks of description and prescription to be any easier. We deal, after all, with the allocation of scarce resources where there are winners and losers. This leads us quickly into substantive justice theories based on entitlements, needs, and deserts and process justice theories extending to each loser his due.

Justice theory is implemented through judicial review, and what courts do depends importantly upon behavioral assumptions about people, agencies of government, and empirical proof. The sources of these assumptions and evidence are often the sciences, and I ...


Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr. Jan 1982

Bringing People Back: Toward A Comprehensive Theory Of Taking In Natural Resources Law, William H. Rodgers, Jr.

Articles

This Article attempts to bring people back into legal analysis by drawing upon behavioral preferences of human beings suggested by the laws of biology. Biological theory offers no all-encompassing explanations of legal outcomes, although it offers important, and much neglected, partial explanations.

That the law can be explained in this light suggests that courts have a view of human nature departing from the caricatures of much contemporary legal theory. We take as our setting an issue faced by each society in every era-property rights in natural resources.

Part I takes up the task of theory development by recanvassing property theory ...


Two Categories Of Discriminatory Intent, Eric Schnapper Jan 1982

Two Categories Of Discriminatory Intent, Eric Schnapper

Articles

This Article suggests that the Court's current confusion derives in part from its failure to distinguish between two categories of discriminatory intent, which may be termed goal discrimination and means discrimination. Goal discrimination involves the invidious consideration of race in the selection of the objective which a government policy seeks to achieve. Means discrimination occurs when there is an invidious consideration of race in selecting or weighing the method to be used in achieving that objective. Both forms of discrimination fall within the equal protection clause's prohibition against discriminatory government action, but they involve different circumstances and thus ...


Preface: On Natural Resources As An Area Of The Law, David H. Getches Jan 1982

Preface: On Natural Resources As An Area Of The Law, David H. Getches

Articles

No abstract provided.


Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein Jan 1982

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Articles

No abstract provided.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A con- siderable number of states have failed to ratify.


A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt Jan 1982

A New United Nations Mechanism For Encouraging The Ratification Of Treaties, David Weissbrodt

Articles

The ratification of international human rights treaties is critical to the worldwide observance of human rights and fundamental freedoms. The United Nations General Assembly and Commission on Human Rights have repeatedly emphasized the importance of ratification and have frequently encouraged states to ratify the relevant international instruments. Despite these efforts, acceptance of human rights treaties has been uneven. A considerable number of states have failed to ratify.


The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman Jan 1982

The Third United Nations Conference On The Law Of The Sea: The Tenth Session (1981), Bernard H. Oxman

Articles

No abstract provided.


Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel Jan 1982

Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel

Articles

No abstract provided.


Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag Jan 1982

Assaults On The Exclusionary Rule: Good Faith Limitations And Damage Remedies, Pierre J. Schlag

Articles

No abstract provided.


Book Review, Charles F. Wilkinson Jan 1982

Book Review, Charles F. Wilkinson

Articles

No abstract provided.


Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches Jan 1982

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Articles

No abstract provided.


Judicial Review And The President's Statutory Powers, Harold H. Bruff Jan 1982

Judicial Review And The President's Statutory Powers, Harold H. Bruff

Articles

No abstract provided.


Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman Jan 1982

Introduction: On Evaluating The Draft Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman Jan 1982

Individual And Community: An Appreciation Of Mr. Justice Powell, Christina B. Whitman

Articles

When the nomination of Lewis F. Powell, Jr., to the Supreme Court of the United States was submitted to the Senate Judiciary Committee ten years ago, much was made of his extraordinary record of service to his city, his state, and his profession.1 Justice Powell's career has been a model of individual responsibility to society. His belief in the value of civic life, and in the desirability of making such a life available to everyone, has been a dominant influence in his work on the Supreme Court. In what follows, I shall attempt to define some of the ...


Book Review, Howard C. Klemme Jan 1982

Book Review, Howard C. Klemme

Articles

No abstract provided.


International Trial Observers, David Weissbrodt Jan 1982

International Trial Observers, David Weissbrodt

Articles

Since the Dreyfus trial in 1899, governments have sent observers to foreign political trials both to increase their understanding of the affairs of other nations and to express concern about the fairness of the proceedings themselves. It is now common for a number of gov- ernments, including those of Canada, the Federal Republic of Ger- many, Japan, Sweden, the United Kingdom, and the United States, to send official observers to foreign trials of political or human rights significance.


Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson Jan 1982

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Articles

No abstract provided.


Reconciling Maritime Liens And The Limitation Of Liability Act, David Gray Carlson Jan 1982

Reconciling Maritime Liens And The Limitation Of Liability Act, David Gray Carlson

Articles

No abstract provided.


Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson Jan 1982

Capturing Fiduciary Obligation: Shepherd's Law Of Fiduciaries, Arthur J. Jacobson

Articles

No abstract provided.


Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam Jan 1982

Towards Neutral Principles In The Administration Of Criminal Justice: A Critique Of Supreme Court Decisions Sanctioning The Plea Bargaining Process, Malvina Halberstam

Articles

No abstract provided.


Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing Jan 1982

Testimonial Immunity And The Privilege Against Self-Incrimination: A Study In Isomorphism, Peter Lushing

Articles

No abstract provided.


Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers Jan 1982

Salt Survey: Minority Group Persons In Law School Teaching, David L. Chambers

Articles

In the summer and fall of 1981 we sent questionnaires to faculty members1 at all 172 law schools accredited by the AALS, asking questions about current numbers of minority group members and women on their faculties and about numbers of offers made and offers accepted, tenure decisions and denials, and resignations. Our principal goal was to measure the progress that has been achieved in adding minorities and women to law faculties. In this issue, we report on our findings about minority groups.


Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn Jan 1982

Closely Held Stocks—Deferral And Financing Of Estate Tax Costs Through Sections 303 And 6166, Douglas A. Kahn

Articles

The enactment of the Economic Recovery Tax Act of 1981 (hereinafter referred to as "the 1981 Act") will reduce both the impact of federal wealth transfer taxes and the number of persons still subject to them. Nevertheless, even after the 1981 Act takes full effect, a category of persons remains for whom wealth transfer taxes will constitute a meaningful burden and whose estates face a liquidity problem in satisfying the estate tax liability. The focus of this article is on two statutory techniques: redemptions of stock pursuant to section 3031 and deferral of estate tax payments under section 6166.2 ...


Justice And The Bureaucratization Of Appellate Courts, Joseph Vining Jan 1982

Justice And The Bureaucratization Of Appellate Courts, Joseph Vining

Articles

The author notes the growing bureaucratization of appellate justice in the United States and, in particular, the drafting of opinions by law clerks rather than by judges. Taking the Supreme Court of the United States as an example, and comparing its internal procedure with that of large administrative agencies, he questions whether the method of analysis familiarly used by lawyers to arrive at an authoritative statement of law is applicable to legal texts bureaucratically produced. He suggests that legal method and its presuppositions are ultimately associated with the authority of law, and concludes that there may be critical losses not ...


Price Discrimination Law And Economic Efficiency, Edward H. Cooper Jan 1982

Price Discrimination Law And Economic Efficiency, Edward H. Cooper

Articles

The Clayton Act, as amended by the Robinson-Patman Act (15 U.S.C. § 13), undertakes to outlaw price "discrimination" upon proof of threatened injury to competition, and subject to specified defenses. Lawyers often bewail the fact that administration of this statute frequently fails to conform to an economist's notion of discrimination. For the most part, the complaints are addressed to the clear fact that, as drafted and interpreted, the statute wreaks unnecessary damage. In the name of protecting competition, competition and economic efficiency are often curtailed.


On Recognizing Variations In State Criminal Procedure, Jerold H. Israel Jan 1982

On Recognizing Variations In State Criminal Procedure, Jerold H. Israel

Articles

Everyone recognizes that the laws governing criminal procedure vary somewhat from state to state. There is often a tendency, however, to underestimate the degree of diversity that exists. Even some of the most experienced practitioners believe that aside from variations on some minor matters, such as the number of peremptory challenges granted, and variation on a few major items, such as the use of the grand jury, the basic legal standards governing most procedures are approximately the same in a large majority of states. I have seen varied evidence of this misconception in practitioner discussions of law reform proposals, particularly ...


Selective Incorporation Revisited, Jerold H. Israel Jan 1982

Selective Incorporation Revisited, Jerold H. Israel

Articles

In June 1960 Justice Brennan's separate opinion in Ohio ex re. Eaton v. Price' set forth what came to be the doctrinal foundation of the Warren Court's criminal procedure revolution. Justice Brennan advocated adoption of what is now commonly described as the "selective incorporation" theory of the fourteenth amendment. That theory, simply put, holds that the fourteenth amendment's due process clause fully incorporates all of those guarantees of the Bill of Rights deemed to be fundamental and thereby makes those guarantees applicable to the states. During the decade that followed Ohio ex re. Eaton v. Price, the ...


The Assassination Attempt, Yale Kamisar Jan 1982

The Assassination Attempt, Yale Kamisar

Articles

From the moment the would-be assassin opened fire until many days after he was found not guilty by reaaon of insanity, the press was fascinated by the case. The very same day that it reported the assassination attempt "in the open street, and in the broad face of day," the Times considered but quickly dismissed the possibility of insanity: "The defndant's purpose was carried out with the most cold-blooded determination. . . . His demeanor throughout was cool and collected, nor did there appear any evidence of insanity." When, several days later, it became plain that the defendant was indeed going to ...