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Articles 1 - 30 of 61
Full-Text Articles in Law
Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.
Disposing Of A Pre-Existing H.R. 10 Plan In Connection With A Post-Erisa Business Incorporation, J. Clifton Fleming Jr.
Faculty Scholarship
No abstract provided.
A Quarter-Century Of Transition In The New York Law Of Trusts And Estates, Bertel M. Sparks
A Quarter-Century Of Transition In The New York Law Of Trusts And Estates, Bertel M. Sparks
Faculty Scholarship
No abstract provided.
The Multiemployer Concept In The Public Sector, Louis B. Kimmelman
The Multiemployer Concept In The Public Sector, Louis B. Kimmelman
Faculty Scholarship
No abstract provided.
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Attorney's Responsibilities: Adversaries At The Bar Of The Sec, Roberta S. Karmel, Joseph C. Daley
Faculty Scholarship
No abstract provided.
Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin
Recent Developments In The Law Of Equal Educational Opportunity, Betsy Levin
Faculty Scholarship
No abstract provided.
The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel
The Extraterritorial Application Of The Federal Securities Code, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Constitutional Perspectives On Sex Discrimination In Jury Selection, Elizabeth M. Schneider, Rhonda Copelon, Nancy Stearns
Faculty Scholarship
No abstract provided.
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
When You Enter The Hospital Check Your Rights At The Door, George J. Annas
Faculty Scholarship
Civil libertarians have little difficulty appreciating the plight of prisoners or mental patients. But tell the average civil libertarian that there are significant and unnecessary restrictions on the individual rights and liberties of patients in general hospitals, and you are likely to encounter a blank stare. There are a number of reasons for this lack of attention to hospitals. One is the general misconception that the problems are minor, or that certain temporary restrictions on individuals are essential if hospitals are to treat sick people properly. An unconscious desire not to perceive ourselves as being at risk may be another …
On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons
On Justifying Enforced Requirements: A Reply To Baier, David B. Lyons
Faculty Scholarship
There are limits to the possible subjects of justification. Typically, it concerns human behavior and things that human intervention can affect. Failing special circumstances, it makes no sense to speak of justifying the weather. There may be other limits to the class of possible subjects for justification; for example, it is sometimes said that a thing cannot be justified unless it has been indicted, though it is not clear how this claim should be taken. For there simply may be no point in bothering to justify something that is not suspect in some way, and the relevant condition can generally …
Fairness And A Consumption-Type Or Cash Flow Personal Income Tax, Alvin C. Warren Jr.
Fairness And A Consumption-Type Or Cash Flow Personal Income Tax, Alvin C. Warren Jr.
Faculty Scholarship
No abstract provided.
Lewis M. Simes As Teacher, Bertel M. Sparks
The Unbundling Of Higher Education, William K.S. Wang
The Unbundling Of Higher Education, William K.S. Wang
Faculty Scholarship
No abstract provided.
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
The Uniform Probate Code: Article Iii Analyzed In Relation To Changes In The First Nine Enactments, Richard V. Wellman, James W. Gordon
Faculty Scholarship
The eleven pioneer states that have adopted the Uniform Probate Code have amended its provisions in various ways. This Article reviews the changes made in article III, the central procedural section of the Code. The Authors analyze the import of these amendments, considering the interplay between the carefully drafted provisions of the Code and its policy of uniformly minimizing the iudicial intervention and expense involved in the administration of estates. The Authors' analysis of these first enactments should prove helpful in those states currently considering adoption of the Uniform Probate Code as well as to lawyers and the courts in …
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Pardoning Power Of Article Ii Of The Constitution, The , John D. Feerick
Faculty Scholarship
Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.
The Taney Period, 1836-64, David S. Bogen
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Administration Of Supporting Services In The Trial Court, Geoffrey C. Hazard Jr.
Faculty Scholarship
No abstract provided.
William Howard Taft And Charles Evans Hughes: Conservative Politicians As Chief Judicial Reformers, Peter G. Fish
William Howard Taft And Charles Evans Hughes: Conservative Politicians As Chief Judicial Reformers, Peter G. Fish
Faculty Scholarship
In the twentieth century the Chief Justice of the United States has played a leading part in judicial reform.
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
The Positional-Risk Doctrine In Workmen’S Compensation, Arthur Larson
Faculty Scholarship
No abstract provided.
The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle
The Burger Court, 'State Action', And Congressional Enforcement Of The Civil War Amendments, Larry Yackle
Faculty Scholarship
There is an uncertainty abroad in the land. At its root, to speak boldly, lies the fear that the fate of individual liberty in this Nation is in the hands of a Supreme Court whose newest members, cast in the intellectual likeness of a disgraced Executive, lack sufficient sensitivity to libertarian ideals to preserve the American democracy as we know it. Particularly for those who found in the Warren Court the moral leadership necessary to move the country toward a just resolution of the perplexing social problems that plague us all, the skies seem dark. Our constitutional system has always …
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of “The Sweeping Clause”, William W. Van Alstyne
The Role Of Congress In Determining Incidental Powers Of The President And Of The Federal Courts: A Comment On The Horizontal Effect Of “The Sweeping Clause”, William W. Van Alstyne
Faculty Scholarship
Our recent years have been a halcyon period of constitutional debate over the implied and incidental powers of the presidency.
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
The Expanding Role Of The Juvenile Court In Child Custody Disputes, Katharine T. Bartlett
Faculty Scholarship
No abstract provided.
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 2, Joseph Sweeney
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 2, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen
Enforcement Under The Food, Drug, And Cosmetic Act–The Park Case In Perspective, Marsha N. Cohen
Faculty Scholarship
No abstract provided.
Book Review, Robinson O. Everett
Book Review, Robinson O. Everett
Faculty Scholarship
reviewing Joseph W. Bishop, Jr., Justice Under Fire: a Study of Military Law (1974)
Some Regulatory Implications Of Technology Assessment, Michael S. Baram
Some Regulatory Implications Of Technology Assessment, Michael S. Baram
Faculty Scholarship
To conclude this wide-ranging panel discussion, I want to briefly address two aspects of regulation which have been troublesome, and for which Technology Assessment may be particularly useful.
The first aspect, which relates to radiation and other hazardous substances in general, is the increasingly important regulatory function of forcing the development and application of appropriate control technologies on industry-normally, the development and application of devices and techniques to protect public and worker health and safety. The question becomes: Is the regulatory program appropriately forcing and guiding necessary advances in control techniques and their timely use?
Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick
Pardoning Power Of Article Ii Of The Constitution (Continued), The , John D. Feerick
Faculty Scholarship
Following President Gerald Ford's unconditional pardon of former President Richard Nixon on September 8, 1974, claims were made that the pardon was invalid because it came before indictment and conviction. Special Prosecutor Leon Jaworski was urged to test its validity in court. Indeed, one federal judge expressed in open court the view that the public interest required the pardon's validity to be tested. The Special Prosecutor's decision not to proceed appears well founded when a review is made of the history of the President's pardoning power.
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 4, Joseph Sweeney
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 4, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 3, Joseph Sweeney
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 3, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 1, Joseph Sweeney
Uncitral Draft Convention On Carriage Of Goods By Sea, Part 1, Joseph Sweeney
Faculty Scholarship
No abstract provided.
Taking Stock Of Detainer Statutes, Larry Yackle
Taking Stock Of Detainer Statutes, Larry Yackle
Faculty Scholarship
A detainer is a warrant or hold-order placed on a person already in custody to insure that the prisoner, upon completion of the term he is serving, will be available to the authority which filed the detainer. While penal and correctional methods and philosophies have moved far along the road of progress, this system has persistently and imperturbably plagued penal administrators, courts, and institutional personnel. Unnumbered times a detainer has proved the stumbling block to a law violator on his way to recovery.