• Contents

      2015-09-29
      Content page
    • Electoral Folklore: An Empirical Examination of the Abortion Issue

      Stempel, Jeffrey; Morris, William (2015-09-29)
      For nearly a decade, the abortion issue has loomed large in American politics. City councilmen, state legislators, congressmen, presidents, and Supreme Court nominees are routinely asked their opinions on legalized abortion. Despite the controversy generated by pro-life and pro-choice interest groups, little is known regarding the issue's impact upon voting behavior. This study seeks to enhance that knowledge by empirically examining congressional general elections in order to assess the impact of the abortion issue. We then review our finding that the abortion issue does not alter established voting patterns in these contests.
    • Perspectives on the Death Penalty: Judicial Behavior and the Eighth Amendment

      Berkman, Miriam (2015-09-29)
      The Eighth Amendment to the United States Constitution prohibits the infliction of "cruel and unusual punishments." This clause has been described as "constitutional boilerplate." Mr. Justice Story suggested that "the provision would seem to be wholly unnecessary in a free government, since it is scarcely possible, that any department of such a government should authorize, or justify such atrocious conduct."' Nevertheless, convicted persons repeatedly have invoked the protection of this express prohibition of cruel punishments in challenging the legitimacy of long prison terms for offenses perceived to be minor, innovative punishments, prison confinement under grossly debilitating conditions, and, perhaps most importantly, the death penalty. These challenges have forced judges to supply content to the words of the Eighth Amendment.
    • A Review of the Right to Die for Terminally Ill Patients

      Freamon, Bernard; Mehling, Linda (2015-09-29)
      In 1971, a unanimous New Jersey Supreme Court declared; "[T]here is no constitutional right to choose to die."' Less than five years later, however, the same court held that such a right indeed exists, and although it is not absolute in every case, it is entitled to constitutional protection and can be exercised on behalf of an unconscious or otherwise incompetent patient.
    • The Case for Governmental Action to Retard Condominium Conversion Activity

      Lewin, Ross (2015-09-29)
      The conversion of rental apartment buildings into individually-owned condominiums has emerged as a common real estate practice in recent years. Since 1970, over one-half million apartments have been converted to condominiums. The pace of conversion activity accelerated throughout the 1970's and remains strong despite high interest rates.Conversion, moreover, is spreading from the nation's largest metropolitan areas into smaller cities.
    • Reforming the Electoral Reforms

      Vance, Cyrus (2015-09-29)
      In 1980, more than a dozen candidates in 37 primaries spent more than $100 million campaigning for the privilege of being nominated for the Presidency, a situation which will likely be repeated in this Presidential election cycle. The experience has produced, among politicians and voters, the growing conviction that we must change the manner in which we choose our Presidential candidates. In a world of rapid change, we can no longer afford an electoral system that tends to hobble the governmental decision-making process for months. This not only harms us at home, but concerns and alarms our friends and allies.
    • Deconstructing the Law: The Politics of Law

      Taylor, George (2015-09-29)
      In recent years progressive critique of the legal enterprise has derived from two principle sources: the legal realist and Marxian traditions. Succinctly expressed, these traditions have rejected the law's claim to objectivity. The legal realists have argued that legal decision-making involves not formal, deductive logic but subjective choice; any legal choice made is never logically compelled. In the Marxian tradition the objection has been not so much that the law is imbued with values, but that the distribution of legal outcomes is skewed to particular values, particular interests; the law reflects dominant economic interests.
    • Contents

      2015-09-30
    • Aliens in the Orchard: The Admission of Foreign Contract Laborers for Temporary Work in U.S. Agriculture

      Semler, H. (2015-09-30)
      An employer may lawfully bring unskilled aliens to the United States for temporary labor only pursuant to §§ 101(a)(15)(H)(ii) and 214 of the Immigration and Nationality Act. Approximately 30,000 aliens are admitted under these provisions each year to fill a wide variety of temporary jobs. This foreign labor program (commonly referred to as the "H-2 program") has a major impact in certain agricultural markets. Farm laborers constitute by far the largest single group of H-2 workers, recently amounting to over thirty-five percent of all admissions. More-over, only in agriculture are contract workers admitted en masse to form the dominant local workforce.
    • An Analysis of the H-2 Program: The Admission of Temporary Foreign Agricultural Workers into the United States

      Lungren, Daniel; Holsclaw, Kevin (2015-09-30)
      To the uninitiated, the so-called H-2 or temporary worker provisions of the Immigration and Nationality Act give the appearance of a complex regulatory maze. The intricate nature of this scheme has proven not only to be confounding at times, but has also posed serious obstacles to the expeditious determination of whether temporary foreign workers should be allowed to work within our borders.
    • Alien Workers and Agriculture: The Need for Policy Linkage Philip

      Martin, Philip; Mines, Richard (2015-09-30)
      Agriculture is the nation's largest industry. America's farmers and hired workers produce food and fiber worth $150 billion annually, over four percent of GNP. Farmworker employment doubles from a trough of 900,000 in January to a peak of 1.8 million in July. This need for one million seasonal workers-more than autos and steel combined-is the root cause of farm labor dilemmas.
    • Lowering the Bench or Raising it Higher?: Affirmative Action and Judicial Selection During the Carter Administration

      Slotnick, Elliot (2015-09-30)
      Affirmative action programs in the public and private sector, that is, positive efforts to recruit members of underrepresented groups in American society to positions long closed to them, have been surrounded by great controversy for more than a decade. Advocates of such programs -have asserted that they are ameliorative and benign in nature while opponents label such efforts "reverse discrimination" and ascribe to them a quota mentality which is viewed as objectionable and unconstitutional. The problems raised are clearly most dramatic when affirmative action is taken by the government itself because, from the perspective of the program's advocates, it is in the governmental sector that the consequences of institutionalized discrimination are most graphic. Concurrently, however, the opponents of such programs are bound to perceive governmental involvement as the heart of the constitutional questions that are being raised.
    • A Comparison of Initial Recommendation Procedures: Judicial Selection Under Reagan and Carter

      Fowler, W. (2015-09-30)
      Reforming the judicial selection process has long stirred the interests of lawyers, politicians, bar associations, professors, and judges. Since the passage of the Omnibus Judgeship Act of 1978 and its creation of 152 new federal court positions, interest in reform has increased dramatically. Reforms in judicial selection have focused on the initial recommendation process. Thus, reformers have questioned the basis of senatorial power in judicial selection: the custom of senatorial courtesy that allows a senator of the President's party and of the nominee's home state to select candidates and to block unacceptable nominees for district and circuit court positions. These reforms have advocated the use of screening panels or "merit panels" in federal judicial selection.
    • Reply

      Pang, Presley (2015-09-30)
      Both Slotnick and Fowler analyze judicial nominee data on multiple dimensions and attempt to account for the variations. Slotnick explains the variations by the imposition of a presidential directive to seek non-traditional candidates. Fowler attempts to trace the variations to the use of a nominating panel during the recommendation stages. For its intended purpose each study stands in its own right. This reply will attempt to transplant their empirical conclusions into the debate over the strength of the influence wielded by the political actors during the selection of federal judges.
    • The Judicial Adjunct and Public Law Remedies

      Weinberg, Joanna (2015-09-30)
      Increasingly, courts faced with the problems of providing effective remedies to complex social problems are turning to specialized adjunct personnel for assistance. In the article which follows, Professor Weinberg examines the expanding role of such "judicial adjuncts. " She then goes on to propose the creation of a more coherent structure for efficient training and evaluation of these important judicial officers. -Ed In public law litigation, individuals or identifiable groups challenge governmental or institutional priorities. For the plaintiffs in such suits, vindication of their claim in the court may be only the beginning. Unless the obstacles to successful remedy formulation and implementation are surmounted, they will not achieve their ultimate goal.
    • The New Police Corps

      Walinsky, Adam; Rubinstein, Jonathan; Deutsch, Jan; Kurlander, Lawrence; Price, Monroe; Welch, Neil (2015-09-30)
      With each passing year a dwindling number of New Yorkers can recall the time when the cities of this State were considered safe places to live. New York City in particular has always been notable for excitement, noise, corruption and rackets. Violence, crime and discontent are not strangers to our streets; the New York City riots of 1863, 1943, 1963 and 1977 are proof. We have always had street thieves, prostitutes and pimps, hijackers and hustlers. Nevertheless even New York was a city where the ordinary citizen felt safe, and was. As late as 1948, the City had the lowest violent crime rate of any major American city. But since that time, a menacing criminality has emerged and taken root.
    • The New Police Corps: A Response

      Wenik, Jack (2015-09-30)
      The New Police Corps proposal presents an innovative approach to the problem of expanding our police forces in a time of fiscal austerity. The proposal envisions using existing college financial aid programs along with increased levels of public expenditures to subsidize the hiring of additional police. Participants in the ROTC-like program, would, in return for the complete financing of their college education at in-state schools, undergo police training and serve a minimum three year term as police officers after graduation.
    • Book Reviews

      Swire, Peter; Schwartz, Paul (2015-09-30)
      BUREAUCRATIC JUSTICE: MANAGING SOCIAL SECURITY DISABILITY CLAIMS. By Jerry L. Mashaw JUSTICE WITHOUT LAW?. By Jerold S. Auerbach
    • Contents

      2015-09-30
    • A Progressive Creed: The Experimental Federalism of Justice Brandeis

      Steiner, E. (2015-09-30)
      As Alexander Bickel predicted in 1970, the doctrine of experimental federalism espoused by Justice Brandeis in New Slate Ice Co. v. Leibmann is exhibiting new vigor throughout the American legal community. Citations to this famous dissent are no longer confined to U.S. Supreme Court dissents, as they were during the Warren Court era. Instead, they have emerged in Burger Court majority opinions, as well as in concurrences and dissents. Further, Brandeisian localism has been brought to the attention of a growing number of lower federal and state appellate courts. Growing judicial interest has been mirrored by an increasing scholarly attention to "the still exciting idea . that states are laboratories for experimentation."