Law Commons^™

An Economic Framework For Statutory Interpretation, Mario J. Rizzo, Frank S. Arnold

Law and Contemporary Problems

No abstract provided.

The Debate Over Bork Nomination Misses The Point, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center

The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)

Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.

Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.

Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …

A Conversation Between A Judge And His Friend Concerning Whether The Judge Should Sentence A Defendant To Death, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Introductory Remarks, Marshall J. Breger

Duke Law Journal

No abstract provided.

Observations About The Use Of Legislative History, Kenneth W. Starr

Duke Law Journal

No abstract provided.

A Reply To Judge Starr’S Observations, Abner J. Mikva

Duke Law Journal

No abstract provided.

Strict Liability And State-Of-The-Art Evidence In Illinois, James Christensen

Northern Illinois University Law Review

This comment discusses Illinois' treatment of state-of-the-art evidence as a defense to a strict liability claim. The article argues that Illinois should disallow the defense in the area of unknowable risk for the same reasons that Illinois disallows the defense in undiscoverable risk.

"Crossing-Over:" The Issue-Preclusive Effects Of A Civil/Criminal Adjudication Upon A Proceeding Of The Opposite Character, Susan W. Brenner

Northern Illinois University Law Review

This article explores the area of "cross-over" collateral estoppel in civil/criminal actions. The article examines the legal history of the concept that a validly-entered judgment has issue-preclusive effects in a subsequent litigation. Following the exploration of collateral estoppel which "crosses over" from a civil to a criminal litigation, or vice versa, the article concludes that conventional arguments regarding the disutility of "cross-over" estoppel should be rejected, to be replaced with an analytical approach which recognizes the specific virtues which the concept can exhibit in an appropriate context.

A Sobering Ride Home: Obremski V. Henderson, Frank M. Calvert

Northern Illinois University Law Review

A growing number of jurisdictions have adopted the view that intoxicated drivers may not only be subject to criminal prosecution by the state for their reckless conduct, but may also be held liable in a civil action for monetary damages by their injured victims. This article examines this growing trend and concludes that this civil remedy will help insure that victims will not go uncompensated, as well as trying to provide a disincentive to drinking and driving by assessing treble damages and attorney's fees to the plaintiff in the civil action.

Server Vs. Driver Liability: A Suggested Change To Reduce Drinking And Driving, Grant Pearson

Northern Illinois University Law Review

This article explores the two major approaches to liquor server liability currently being used in the various jurisdictions across the country. The article assesses the strengths and weaknesses of the alternative approaches and concludes that certain adjustments in the dram shop laws, coupled with additions to the insurance requirements and vehicle inspection program, will help to make drivers aware of the costs of drinking and driving, thereby reducing the incidence of drunk driving.

Legal Education In The Era Of Change: Law School Autonomy, James P. White

Duke Law Journal

No abstract provided.

The Law School Curriculum: The Process Of Reform, John C. Weistart

Duke Law Journal

No abstract provided.

Legal Education In An Era Of Change: The Challenge, A. Kenneth Pye

Duke Law Journal

No abstract provided.

Tenant Remedies For Breach Of Habitability: Tort Dimensions Of A Contract Concept, Jim Smith

Scholarly Works

This article advances the premise that the hybrid contract-property model of leases may be appropriate to provide flexible choices for many areas of landlord-tenant law and, perhaps, may be suitable as a general model, but that it has failed as applied to the question of the tenant's remedies for breach of the warranty of habitability. As applied to remedies, the contract-property hybrid is a false dichotomy, or perhaps more accurately, the wrong dichotomy. The proper analysis of tenant remedies when the landlord breaches the habitability duty requires that a line be drawn between the tort duties and the contract duties …

Should Prisons Be Privately Run?: No Quick Fixes, Ira Robbins

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Judicial Conscience And Natural Rights: A Reply To Professor Jaffa, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

The New Role Of Statutory Aggravating Circumstances In American Death Penalty Law, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Legal Ethics, Howard R. Messing

Nova Law Review

The most important event in legal ethics in the past year was the adoption of Florida's Rules of Professional Conduct (hereinafter referred to as the "Florida Rules" or "Rules").

"A Task Of No Common Magnitude": The Founding Of The American Law Institute, William P. Lapiana

Nova Law Review

No abstract provided.

Cuny Law School: Outside Perspectives And Reflections, Judith Kleinberg, Mark Barnes

Nova Law Review

Under the influences of legal realism and its modern variants in linguistic and psychoanalytic of law, critical legal studies, and social science approaches to law, significant departures from the Langdell's model curriculum have become common: first year courses on legal method or legal process; near-abandonment of the socratic method by some teachers and at some schools (Yale, for example); the use of non-case teaching materials in upper-level seminars; and extensive clinical programs.

The Law School And The Profession: A Need For Bridges, Judge Frank M. Coffin

Nova Law Review

It is singularly appropriate that a judge address the twin subjects of the law school and the profession...

The Law And Economics Of High Treason In England From Its Feudal Origin To The Early Seventeenth Century, Frank W. Harris

Valparaiso University Law Review

No abstract provided.

Legal Externships: Can They Be Valuable Clinical Experiences For Law Students?, Henry Rose

Nova Law Review

The case method of instruction has dominated American legal education for more than a century.

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Are We A Nation Of Tax Cheaters? New Econometric Evidence On Tax Compliance, Jeffrey A. Dubin, Michael J. Graetz, Louis L. Wilde

Faculty Scholarship

In 1982, then Commissioner of Internal Revenue Roscoe Egger reported to Congress that legal sector noncompliance with the Federal Income Tax statutes generated an "income tax gap" of $81 billion in 1981, up from $29 billion in 1973. He further projected a gap of $120 billion for 1985 (U.S. Congress, 1982). Perceptions of accelerating noncompliance inspired a crisis mentality within the Internal Revenue Service, Congress, and the tax bar.

The IRS responded in part by funding a major independent study of tax noncompliance via the National Academy of Sciences, and the American Bar Foundation initiated an investigation of its own …

[Introduction To] Diné Bibeehaz'aanii: A Handbook Of Navajo Government, David E. Wilkins

Bookshelf

The Diné (Navajos) inhabit a vast land of beauty and grace. It is a sprawling territory, bounded by sacred mountains and great rivers. The Navajo Reservation, first delineated in the 1868 treaty, has nearly quadrupled in size since then through some twenty-five additions. Today, the Diné land base is some 25,000 square miles (sixteen million acres roughly), encompassing a large portion of northeastern Arizona, a part of northwester New Mexico, and some 1,900 square miles in southeastern Utah. This tremendous stretch of land, the largest Indian reservation in the county, is slightly larger than the state of West Virginia.

Navajo …

Legal Fiction, James Boyle

Faculty Scholarship

No abstract provided.

Table Of Contents

Touro Law Review

No abstract provided.

Taking Kawashima Seriously: A Review Of Japanese Research On Japanese Legal Consciousness And Disputing Behavior, Setsuo Miyazawa

Faculty Scholarship

This paper discusses Japanese research on legal consciousness (ho-ishiki) and civil disputing. The author presents a recent explication of Takeyoshi Kawashima's concept of legal consciousness as a cultural factor and also proposes to explore the possibility of treating it as an individual, attitudinal factor. He also reviews large-scale surveys of aggregate-level culture and studies on individual-level disputing behavior. The need and possibility of a longitudinal study of individual disputing behavior that uses individual-level attitudes and regional culture as explanatory variables is suggested.