Law Commons^™

The Relevance Of Tort Law Doctrines To Rule 10b-5: Should Careless Plaintiffs Be Denied Recovery?, Margaret V. Sachs

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Private litigation under section 10(b) of the Securities Exchange Act of 1934 and rule 10b-5 is at present riddled with tort law doctrines. Familiar tort concepts such as aiding and abetting, respondeat superior, plaintiff's duty of care, in pari delicto, and contribution have been imported into the rule 10b-5 private action by a number of lower federal courts. The United States Supreme Court had not addressed the relevance of any of these doctrines until its decision this year in Bateman Eichler, Hill Richards, Inc., v. Berner. By disallowing a defense of in pari delicto on statutory enforcement grounds, Bateman plainly …

A House Of Lords' Judgment, And Other Tales Of The Absurd, Alan Watson

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In this paper I want to look at four approaches to deciding a case in different societies-contemporary England, uncodified civil or 'mixed' law systems (with an example from 17th century Scot-land and another from early 20th century South Africa), 19th century France after codification, 15th century Germany with a glance at 13th and 14th century Spain-where the attempt is made each time to reach the correct decision by applying the mental process thought most appropriate. None of the approaches examined here is result-oriented, and to outsiders, especially to lawyers brought up in a different legal culture, the mental process seems …

In Memoriam: Vaughn Charles Ball (1915-1985), C. Ronald Ellington

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Vaughn C. Ball was the Thomas Reade Rootes Cobb Professor of Law at the University of Georgia School of Law from 1974 until his retirement in 1983. Vaughn's death on December 2, 1985, deprived those of us who were fortunate to know him well of a wonderful colleague whose keen mind, wry humor, and engaging wit added sparkle to any conversation.

Why Professor Redish Is Wrong About Abstention, Michael Wells

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Most critics of the Supreme Court's abstention doctrines have attacked the substantive merits of rules that channel constitutional litigation away from federal courts and into state courts instead. In a recent article, Martin Redish raises an interesting objection to abstention from a different perspective. He addresses the institutional legitimacy of the rules and contends that whatever their merits, rules like these should be made only by Congress and not the Supreme Court, for they contravene Congress' intent to grant federal courts jurisdiction over constitutional claims against state actors. Part I of this article describes the context in which the choice …

The Federal Taxation Of Nongeneral Powers Of Appointment, Amy Morris Hess

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No abstract provided.

The Abortion Controversey: A Study In Law And Politics, Albert M. Pearson, Paul M. Kurtz

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The Supreme Court's 1973 decision in Roe v. Wade, which held that women have a federal constitutional right to an abortion, has generated considerable controversy. The abortion issue became politically significant in the 1960's, when, emboldened by the Supreme court's recognition of a constitutionally based right of privacy, activists initiated a series of legal challenges to the validity of state abortion laws. Their efforts finally succeeded in 1973 when the Supreme Court in Roe and Doe v. Bolton struck down as unconstitutional the Texas and Georgia abortion laws. For those who objected to the result in Roe, however, …

Law In A Reign Of Terror, Alan Watson

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A few years ago I published a book, The Nature of Law, which was activated primarily by three long held beliefs. First, law is a means, not an end in itself; and legal rules, principles, decisions do not come into being without some purpose. The end envisaged for a legal rule or decision may be immediate -- to give financial compensation to a particular victim of negligence, for instance -- or more remote -- to promote general happiness or bolster the economic dominance of the ruling class, for example -- but that does not concern us here. What, in …

Tax Policy For Post-Liberal Society: A Flat-Tax-Inspired Redefinition Of The Purpose And Ideal Structure Of A Progressive Income Tax, Charles R.T. O'Kelley

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A flat rate comprehensive federal income tax could be achieved by replacing graduated rates with a single rate that applies to all taxpayers, eliminating many currently available deductions and credits, and treating as taxable income types of economic gain presently excluded from the tax base. The fact that Congress is seriously considering such radical changes makes it appropriate for tax scholars to reconsider longheld beliefs about the ideal structure of an income tax. This Article analyzes the characteristics and underlying rationale of a progressive flat rate comprehensive income tax and reconsiders the nature and purpose of a progressive income tax. …

Book Review : Beyond Psychiatric Expertise. By Ben Bursten, Bruce Morton

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No abstract provided.

The New Federalism In Criminal Procedure In 1984: Death Of The Phoenix?, Donald E. Wilkes Jr.

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A decade has passed since my first article on the topic of new federalism in criminal procedure entitled, The New Federalism in Criminal Procedure: State Court Evasion of the Burger Court. This chapter takes a fresh look at the new federalism in criminal procedure in light of developments occurring since 1974.

The Great Writ: No Longer As Dear To The Tories As To The Whigs -- A Critique Of Senator Nunn's Habeas Corpus Article, Donald E. Wilkes Jr.

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The days of praise for the Great Writ from all political quarters are over. Today the legal literature includes a growing body of articles lashing out at the modern federal habeas corpus remedy for state prisoners authorized by 28 U.S.C. § 2254 and advocating statutory changes to make it more difficult to obtain Section 2254 relief. In the vanguard of these articles are those by conservative political figures or law enforcement officials. In 1984 this criticism of the Section 2254 remedy in scholarly journals arguably reached its zenith, in terms of degree of harshness, when the attorney general of Alabama …

An Analytical Framework For International Criminal Law: Realism And Interest Alignment, Daniel H. Derby

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No abstract provided.

Review Essay On Affirmative Action, Leslie C. Griffin

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No abstract provided.

The Putative Marriage Doctrine, Christopher L. Blakesley

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The classic putative marriage doctrine is substantive, ameliorative or corrective; it is designed to allow all the civil effects -- rights, privileges, and benefits -- which obtain in a legal marriage to flow to parties to a null marriage who had a good faith belief that their "marriage" was legal and valid. Most jurisdictions in the United States have developed equitable analogues to the putative spouse doctrine that provide all or part of the relief afforded by the classic doctrine.

If a marriage is declared to be null or void, that declaration is retroactive to the day that the null …

The Wrong's Of Victim's Rights, Lynne Henderson

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No abstract provided.

To Grandmother’S House We Go: Grandparent Visitation After Stepparent Adoption, Peter Zablotsky

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No abstract provided.

Note, Developments Under The Freedom Of Information Act—1984, Mary Lafrance

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The eighteenth year of the Freedom of Information Act (FOIA) witnessed a continuation of the trend toward restricting public access to government information. This article discusses the developments under the FOIA in 1984, including legislative developments, administrative developments, and judicial developments.

Book Review, Elaine W. Shoben

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The Burden of Brown by Raymond Wolters is a long book with a very short message: integration is bad, but desegregation is not. The distinction between the two is crucial to Wolters's analysis. Desegregation is the prohibition of officially sanctioned separation of the races. Integration, on the other hand, is the compelled mixing of the races for the sake of mixing. The "burden" of Brown v. Board of Education, according to Wolters, is that the Supreme Court has blurred this distinction and erroneously requires integration instead of merely prohibiting segregation. Wolters's thesis is that Brown had two prongs: one …

Government–Owned Media: The Government As Speaker And Censor, Linda L. Berger

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When government operates a communications medium, it may either promote first amendment values, by ensuring a diverse marketplace of ideas, or hinder them, by censoring the information and ideas it conveys. This Note proposes a synthesis of government speech and government forum analyses which would provide first amendment limitations on government-operated media while still allowing government to exercise editorial discretion.

Trial Practice And Procedure (Annual Survey Of Georgia Law), C. Ronald Ellington, T. Bart Gary

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This Article highlights significant developments in trial practice and procedure during the survey period. These developments include legislative changes that extend the privilege of renewal to actions first commenced in federal court and that shorten slightly the period in which a plaintiff can voluntarily dismiss an action by notice. An important judicial contribution occurred when the supreme court adopted the Uniform Superior Court Rules and similar rules for each of the other classes of trial courts. These uniform rules apply statewide and supersede and limit local rules of court. The new uniform rules deserve careful reading in their entirety, but …