Law Commons^™

Federal Economic Regulation Through Wage And Price Control Programs: 1917–1980 A Selected Bibliography, Bernard D. Reams Jr.

Faculty Articles

A significant portion of the law of the United States is currently embodied in, formed by, or effectuated through the rules, regulations, programs, and policies of governmental agencies. Early legal decisions on economic stability issues were made by administrative bureaus, boards and commissions, and many were rarely reviewed by courts, reported in newspapers or examined by scholars. Most administrators’ decision were made informally, undramatically, in the deep recesses of their bureaus. Many of their records rested unrecognized and poorly indexed in official government documents or in the National Archives.

For researchers attempting to bring together the materials involved in legislating …

Rule 3, The Enabling Act, And Statutes Of Limitations, David A. Dittfurth

Faculty Articles

Rule 3 of the Federal Rules of Civil Procedure appears to be a model of simplicity and clarity. It describes the process for commencement of a civil action, and in defining “commencement” appears to provide guidance on how to begin an action which complies with a statute of limitations.

As a result of the decision in Walker v. Armco Steel Corp., that appearance is misleading regarding state statutes of limitations applicable in federal court actions brought on the basis of diversity of citizenship jurisdiction. There, the Court made reference only to state statutes of limitations, and expressly avoided deciding the …

County Court Of Ulster County V. Allen And Sandstorm V. Montana: The Supreme Court Lends An Ear But Turns Its Face, John M. Schmolesky

Faculty Articles

Because criminal verdicts provide no clue as to how the jury reached its decision, jury instructions are crucial indicators of how a deductive device operates. Deductive devices are mechanisms that allow or require the fact-finder to assume the existence of a fact when proof of other facts are shown. Any deductive device, whether permissive or mandatory, has pernicious possibilities that imperil the rationality of fact-finding. The controlling method of review for deductive devices in criminal cases simply require a rational connection between the basic fact and the presumed fact. However, the Supreme Court in Allen broke new ground in exempting …

Race, Class, And The Contradictions Of Affirmative Action, Henry Mcgee, Alan Freeman, Derrick A. Bell

Faculty Articles

A panel discussion on "Race, Class, and the Contradictions of Affirmative Action" was held as a part of the Third Annual Conference on Critical Legal Studies on November 10, 1979. Professor Alan Freeman, of the University of Minnesota Law School, convened the panel by setting forth the questions to be discussed and critiquing existing theories that have been offered to address the topic. The questions set forth for the panel was whether racism, although a historically separate and identifiable form of oppression, can be approached and remedied in any substantial way without simultaneously confronting the class structure in general. Can …

Rawls, Justice, And The Income Tax, Charles O'Kelley

Faculty Articles

To the extent the primacy of justice is acknowledged in tax policy debate, such acknowledgment is coupled with the assertion that, of course, questions of justice cannot be meaningfully debated. The discussants then attempt to resolve the issue in question by use of ad hoc arguments of fairness and efficiency. The major purpose of this article is to show that not only is justice the primary issue, but that questions of justice can be meaningfully addressed. First, Professor O’Kelley examines some of the ad hoc arguments of fairness and efficiency which have been made by proponents of a consumption base …

Fear And Loathing In Perpetuities, John Weaver

Faculty Articles

Professor Weaver explains how we need to look at how the Rule Against Perpetuities is taught and how it may be taught more successfully. The Rule presents its greatest challenge to those who should know it best-law professors. If law professors can teach the Rule to the future judges, lawyers, and legislators who deal daily with the Rule, then mistakes will not be made and reform will succeed. In this essay, Professor Weaver presents a method that he has developed for teaching the Rule. While some of it is no more than a general application of normal law school methods, …

Corporate Distributions And The Income Tax: A Consideration Of The Inconsistency Between Subchapter C And Its Underlying Policy, Charles O'Kelley

Faculty Articles

The issue of whether the sale of shares to an issuer shall be treated as a dividend or as received in exchange for a capital asset has troubled Congress, courts, and commentators since the Revenue Act of 1913. If a corporation redeems some of its shares or distributes all of its assets in complete liquidation, the transaction is generally described as having the characteristics of a divided to the extent the distribution is ‘out of earnings and profits' and the characteristics of a sale to the extent that it terminates the equity interest of the redeemed party. In light of …

Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys

Faculty Articles

Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …