Law Commons^™

Lawyers' Papers As A Source Of Legal History: The 19th Century, Alfred S. Konefsky

Journal Articles

No abstract provided.

Congressional Papers And Judicial Subpoenas And The Constitution, David H. Kaye

Journal Articles

Some contemporary Congresses have lost sight of the original scope of their predecessors' assertions of privilege and now claim an absolute privilege to withhold both the originals and copies of subpoenaed papers. A few judicial opinions suggest as much or more. It is possible that even cursorily documented, ill-considered dicta can take root and flourish, and to prevent that, this article This article charts the constitutional boundaries of Congress' privilege to withhold its internal papers from judicial subpoena. It surveys the privileges expressly given Congress in the text of the Constitution as well as the privileges that might be implied …

Tax Policy Implications Of Contributions Of Appreciated And Depreciated Property To Partnerships, Subchapter C Corporations And Subchapter S Corporations In Exchange For Ownership Interests, Samuel C. Thompson Jr.

Journal Articles

No abstract provided.

Criminal Redistribution Of Stolen Property: The Need For Law Reform, G. Robert Blakey, Michael Goldsmith

Journal Articles

The development of sophisticated fencing systems for the sale of stolen property to consumers has paralleled the industrialization of society. Although crimes against property and attempts to control them have ancient origins, most theft before the Industrial Revolution was committed for immediate consumption by the thieves and their accomplices rather than for redistribution in the market-place. Society's small population, inadequate transportation and communication systems, and technological inability to mass produce identical goods constrained large-scale fencing because there were few buyers and because stolen property could be readily identified. The unprecedented economic and demographic growth in eighteenth-century Europe, however, removed these …

Learning The Law-Thoughts Toward A Human Perspective, Thomas L. Shaffer, Robert S. Redmount

Journal Articles

The history of American legal education is notable for a sparsity of ideas on how to convey learning about law. There has been even less focal understanding of what learning is and what it takes to establish a process which will prepare lawyers for their profession. A window on this history was provided in historical survey by Alfred Z. Reed in 1921 and, more recently, by Professors Preble Stolz and Calvin Woodward. It is principally their accounts of eighteenth and nineteenth century developments that we here briefly integrate and summarize. The perspective-a consideration of legal education in terms of social …

Judicial Review: Its Influence Abroad, Donald P. Kommers

Journal Articles

The doctrine of judicial review, having been nourished in a legal culture and socio-political environment favorable to its growth, is America’s most distinctive contribution to constitutional government. Judicial review as historically practiced in the United States was duly recorded abroad, with varying degrees of influence and acceptability. During the nineteenth and early twentieth centuries, the influence of judicial review was most conspicuous in Latin America, where it was adopted as an articulate principle of numerous national constitutions, while most European nations consciously rejected it as incompatible with the prevailing theory of separation of powers. Germany, Austria, and Switzerland, although marginally …

The Value Of Comparative Constitutional Law, Donald P. Kommers

Journal Articles

The publication of an English translation of a notable decision by a major foreign tribunal' is a fitting occasion on which to discuss the value of comparative constitutional law as a subject of academic study and as a legal discipline of valid current applicability. When referring to comparative constitutional law, I am speaking mainly of case law and most particularly of judicial decisions handed down by national tribunals empowered to review the constitutionality of legislative and executive acts.

The Ab (Abc) And Ba Transactions: An Economic And Tax Analysis Of Reserved And Carved Out Income Interests, Kenneth F. Joyce, Louis A. Del Cotto

Journal Articles

No abstract provided.

Judicial Disability And The Good Behavior Clause, Walter F. Pratt

Journal Articles

Justice Douglas's retirement ended months of speculation about his health and ability to remain on the Court. Coming at the end of a decade during which the fitness of judges was increasingly examined, his illness stimulated renewed consideration of judicial disability. Numerous remedies have been suggested. Two examples of such proposals in the present Congress are S. 1110 and H.R. 10439. S. 1110 would establish a Council on Judicial Tenure composed of judges in regular active service. The proposed Council would receive complaints about judges, conduct investigations, and report to the Judicial Conference of the United States. If a report …

Continuity And Change In American Constitutional Development And Public Policy: 1964-1976, Donald P. Kommers, Kevin C. Gallagher

Journal Articles

From the Introduction:

"This report adheres as much as possible to the form and structure of the first two surveys. Thus, we begin this report with an overview of recent presidential elections and a discussion of the American electoral process. The article then moves on to a treatment of changes in federal-state relations, government organization, the distribution of power among the branches and levels of government, and constitutional law as judicially defined. Unlike the previous reports, however, we have devoted nearly half of this survey to recent public policy in the area of civil rights. This extensive treatment of civil …

Legal Education: The Classroom Experience, Thomas L. Shaffer, Robert S. Redmount

Journal Articles

Law students learn from what is in them, from what is directed at them, and from what is around them. The following is a study of an external dimension of the law-school learning experience-the classroom. Research strategy consisted of approaching the classroom phenomenon from two perspectives; what is presented and how students perceive it.

Civil Rights And Civil Liberties, Douglass Cassel

Journal Articles

More than most lawsuits, school desegregation cases touch basic economic interests and deep-seated psychic sensitivities of entire communities. In this context, legal notions of the "intent" of governmental bodies and the "effect" of their actions on massive, intricate social processes seem eerily abstract. Though limited and necessarily artificial, these legal concepts are nonetheless the jurisprudential links by which courts must legitimize their efforts to define "rights" worthy of recognition in desegregating schools in large urban areas.

This article focuses primarily on this term's decisions of the United States Court of Appeals for the Seventh Circuit involving desegregation of the Milwaukee …

A Brief Inquiry Into The Imperatives Of The Coastal Zone And The Processes Of Institutional Change . . . ., Robert I. Reis

Journal Articles

No abstract provided.