Contractual Discretion and Administrative Discretion: A Unified Analysis

While judicial control of discretionary power is at the centre of administrative law, it is a topic which has received little attention in contract. By tracing the development of the relevant case law in administrative law judicial review and in contract, the paper seeks to show how review in both contexts has converged upon a single core technique of control through decisional standards. The paper further argues that the consequent identity of method in public and private law review of discretion does not in itself weaken basic public/private law distinctions. While the territories of legislation and contract may overlap, they present basic differences as contexts for the exercise of judicial control of discretion, and these differences of context may weigh more heavily than identity of approach in determining the outcomes of litigation. ¹     

Incised wound margins caused by steel blades. Scanning electron microscopy to determine wound direction

The aim of this paper has been to check the diagnostic ability of Scanning Electron Microscopy (S.E.M.) to determine wound direction. We have studied incised wound margins caused by steel blades in human skin samples from cadavers by S.E.M. It was found that a lateral accessory tail existed in 65% of the entrance edges. This finding was recorded in all the cases when wound direction was perpendicular to Lancer's lines of the skin area in which the wound was located. No similar finding in the exit tails was noticed. The depth and length of the wound margins was less accurate an index of the wound direction than a lateral accessory tail. We think that this finding could be useful in determining the entrance margin in incised wounds.     

A Clinical-Corrections Approach: The Failure of a Residential Juvenile Delinquency Treatment Center

Abstract With the incidence of violent juvenile crime and the increasingly limited funds for residential treatment of the adolescent offender, one court jurisdiction (16th Judicial Circuit, Kane County, Illinois) attempted to develop and administer its own residential treatment facility within the walls of its detention facility. This article documents the problems encountered in this endeavor and provides recommendations for other jurisdictions which might be tempted to try to balance the fiscal and rehabilitative demands of this growing population by administering their own residential treatment facilities. The problems addressed in this article pertain to the following areas of difficulty: developing a therapeutic milieu; attracting, training, and evaluating a competent child care staff; and implementing a consistent philosophy of change designed to drive all decision-making within the center.     

Professional Projects of Elite Chicago Lawyers, 1950–1974

This article reports results of an inquiry into the composition and policies of the leaders of the Chicago Bar Association. The leadership cadre was partitioned into three status groups on the basis of background characteristics and law school attended. Outside educational elites, dominating the board during the early 1950s, pursued policies that defended prestigious areas of legal work from other encroaching professionals and sought to constrain the plaintiff side of the personal injury bar. Local ethnic elites obtained a share of the leadership during the mid-1960s and transformed the judicial politics of the CBA to conform to local Democratic party objectives. At the center of the leadership cadre was a group of local aristocrats, well connected to major corporate and civic organizations, whose participation in the leadership roles fluctuated less dramatically than that of the other groups. A review of policies suggests that the local aristocrats were responsible to some extent for integrating the various specialized projects pursued by disparate segments of the Chicago bar. Detailed examination of the composition and policies of this local bar leads to the conclusion that associations of the legal profession are capable of accommodating diverse interests to an extent not previously measured or assessed.     

A cytologic study of the sediments in pericardial fluid as it relates to a diagnosis of the mechanism of death

We have studied the sediments obtained from the pericardial fluids of 70 cadavers subject to different causes of death. The fluids were taken in the course of corresponding legal autopsies. The samples were organized according to the cause of death and cellular predominance, in the following groups, respectively: hanging, multiple trauma, craniocerebral trauma, other violent deaths, myocardial infarction, pulmonary embolism, and other natural deaths. According to cell type followed these categories: Group 1 (isolated mesothelial cells), group 2 (isolated and plated mesothelial cells), group 3 (inflammatory cells and mesothelial cells, isolated and plated), and group 4 (inflammatory cells and mesothelial cells). The statistical analysis was attained through Pearson's coefficient. We have found a significant statistical relation (P less than or equal to 0.05) between the presence or lack of inflammatory cells and the mechanism of death. In those cases with a short survival period and without cardiac affectation, the presence of inflammatory cells was practically null. Furthermore, differences in the cross-sections of inflammatory cells reflected the duration of the death process, with elements characteristic of acute inflammation revealing acute cardiac process.