Issue 1

  1. Volume 67
  2. Issue 1
Issue
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Table of Contents

Symposium

Runyon v. McCrary Should Not Be Overruled

Marvin E. Frankel
I shall be arguing that in all the pertinent circumstances, Runyon v. McCrary should not be overruled unless it was grossly, utterly, and destructively wrong. Obviously, I believe no such demonstration is possible.
Symposium

The Foibles and Fables of Runyon

James McClellan
Symposium

Runyon v. McCrary and the Mosaic of State Action

Ronald D. Rotunda
Article

Requiem for Miranda: The Rehnquist Court’s Voluntariness Doctrine in Historical Perspective

Laurence A. Benner
This Article retraces the path of history back to the origins of the privilege against self-incrimination and rediscovers a cluster of rights, embraced by the historical “privilege,” which are today no longer associated with the fifth amendment. The central thesis of this Article is that, because of our ignorance of history, we have failed to distinguish analytically between the historical “privilege” against self-incrimination and the relatively more recent right against…
Article

Debunking the Myth of the Historic Supremacy of Annual Accounting for Income Taxes: A Coalescence of Non-Literal Interpretation with Original Intent Analysis

Myron C. Grauer
As this Article’s purpose is mainly to determine if historically Congress desired annual accounting to be tempered by some policies that conflict with those behind annual accounting, this Article will forego the use of economic and financial models in favor of an examination of the historical context in which the early annual accounting provisions developed in the statutory and regulatory scheme. The decision not to engage in economic and financial…
Note

Application of the Hague Convention to American Litigants: Incorporating the Subsequent Interpretations of Signatory States into the Analysis of the U.S. Judiciary

Diane M. Peters
Case Comment

Hostile Takeovers and the Revlon Principle: Triggering the Duty of Auctioneer Under Delaware Law: Black & Decker Corp. v. American Standard, Inc. 682 F. Supp. 772 (D. Del. 1988)

Marc R. Bulson
Case Comment

Establishment Clause Permits Prayer Room in State Capitol Building: Van Zandt v. Thompson, 839 F.2d 1215 (7th Cir. 1988)

Helen L. Gemmill
Case Comment

ERISA’s Deemer Clause and the Question of Self-Insureds: What’s a State To Do? Reilly v. Blue Cross and Blue Shield United of Wisconsin, 846 F.2d 416 (7th Cir. 1988)

Jonathan Goldstein
Case Comment

Constitutionality and Statutory Authorization of Jury Selection by a U.S. Magistrate in Felony Cases: United States v. Garcia, 848 F.2d 1324 (2d Cir. 1988)

Sally H. Townsley
Case Comment

Oxman v. WLS-TV: Ter-R.I.F.-ic News for ADEA Plaintiffs: Oxman v. WLS-TV, 846 F.2d 448 (7th Cir. 1988)

C. Gail Vasterling

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