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An Overview Of Prisoners' Rights: Part Ii, Conditions Of Confinement Under The First And Eighth Amendments Symposium - Selected Topics On Constitutional Law - Comment., Bobby Scheihing

St. Mary's Law Journal

Abstract Forthcoming.

Trade Secrets V. Environmental Protection: Conflict Over The Use Of Private Contractors To Conduct E.P.A. Inspections, Larry Sykes

Kentucky Law Journal

No abstract provided.

Reciprocal Agreements In Shopping Center Developments., Thomas J. Terkel

St. Mary's Law Journal

Abstract Forthcoming.

The Due On Sale Clause In A Deed Of Trust Is Not An Invalid Restraint On The Alienation Of Property., Susan H. Cregor

St. Mary's Law Journal

Abstract Forthcoming.

A Synopsis Of The Federal Juvenile Delinquency Act., William S. Sessions, Faye M. Bracey

St. Mary's Law Journal

The Juvenile Justice and Delinquency Prevention Act of 1974 (Act) was passed by the United States Congress on September 7, 1974. The Act amended the Federal Juvenile Delinquency Act (FJDA) which had been virtually unchanged since its enactment in 1938. The Act sets up a procedural framework for the treatment of minors who are within the jurisdictional reach of a federal court due to the commission of an act which contradicts a federal criminal statute. With a thorough understanding of the original FJDA and its amendments, benefits, required procedures, and a juvenile’s constitutional rights, counsel for a juvenile offender in …

Surface Mining In Kentucky, Carolyn S. Bratt

Law Faculty Scholarly Articles

In 1977, Congress enacted the Surface Mining Control and Reclamation Act. The Act, designed to protect the environment and society from the adverse effects of surface coal mining and to insure uniform minimum nationwide regulatory standards, established a comprehensive regulatory scheme for surface mining and reclamation operations of both federal and non-federal lands within the United States.

The Secretary of the Interior, acting through the Office of Surface Mining and Reclamation within the Department of the Interior, is charged with administering and implementing the Act. Implementation is divided into two stages. During the initial, or interim phase, all surface mining …

Free Appropriate Public Education Of Handicapped Children Requires Personalized Instruction And Support Services To Produce Beneficial Results But Does Not Require Reaching Full Potential Of Handicapped Student., Margaret Corning Boldrick

St. Mary's Law Journal

Abstract Forthcoming.

Fundamentals Of Doing Business With Mexico: After The Exchange Control., Carlos R. Valencia Barrera, Rodrigo Sanchez-Mejorada Rodrigo

St. Mary's Law Journal

Abstract Forthcoming.

Exemption Of Government Securities Vs. State Taxation Of Bank Stock: A Legal Tug-Of-War., Thomas M. Schlenker

St. Mary's Law Journal

Abstract Forthcoming.

Profits Derived From Racketeering Activity Are Forfeitable Interests Under 18 U.S.C. Section 1963., William Maines

St. Mary's Law Journal

Abstract Forthcoming.

Interbasin Transfer In A Riparian Jurisdiction, Robert Haskell Abrams

Journal Publications

This Article explores some issues pertaining to interbasin diversion of water in the East. The major issues surveyed are the physical and political aspects of interbasin transfers and the legal doctrines that govern them. Intrastate transfers are studied separately from interstate transfers to delineate unique problems that attend the latter. When possible, the Article will focus on Virginia as a state that has importing regions where interbasin transfer is a possibility.

The Fairness Doctrine: Protection For A Scarce Public Resource Symposium - Selected Topics On Constitutional Law - Comment., Constance Sheppard

St. Mary's Law Journal

Abstract Forthcoming.

The Emergence Of Punitive Damages In Product Liability Actions: A Further Assault On The Citadel., James B. Sales

St. Mary's Law Journal

Abstract Forthcoming.

Board Of Education V. Pico: School Library Book Removal And The First Amendment Symposium - Selected Topics On Constitutional Law - Comment., Kelsey Menzel

St. Mary's Law Journal

Abstract Forthcoming.

The Ocean Dumping Deadline: Easing The Mandate Millstone, Julian H. Spirer

Fordham Urban Law Journal

This Article examines the development the "mandate millstone," the inflexible federal rules and regulations directed at state and local governments in the environmental arena. It surveys how the mandate millstone has burdened or threatened to burden the ocean dumping of sewage sludge by New York City. The Article reviews the method by which the city has traditionally disposed of its sewage sludge in the ocean waters surrounding the city, and how the city's disposal practices would have been altered radically had the city been forced to implement a plan, pursuant to United States Environmental Protection Agency (EPA) regulations, to end …

Alternatives For Regulatory Control Of Acid Rain In The Northeastern United States, Deborah J. Hartman

Fordham Urban Law Journal

This Article will define regulatory options for curbing acid rain the northeastern United States. The first section will discuss those provisions of the Clean Air Act which address interstate air pollution. The second section examines the prominent proposals for amending the Clean Air Act to provide for acid rain regulation as enunciated by legislators, commentators and environmental organizations. The third section presents a two-pronged recommendation for broadening the Clean Air Act to prevent and control acid rain.

Environental Impact Statements: Instruments For Environmental Protection Or Endless Litigation?, Fran Hoffinger

Fordham Urban Law Journal

Congress enacted the National Environmental Policy Act (NEPA) on January 1, 1970. NEPA's purpose is to "declare a national policy which will encourage productive and enjoyable harmony between man and his environment." In an effort to achieve this national policy, NEPA requires federal agencies proposing certain major federal actions that affect the environment to include an Environmental Impact Statement (EIS) in their proposal or recommendations. The EIS must include both an assessment of the beneficial and adverse environmental impacts of the proposed actions and an analysis of the impacts in light of other circumstances. This Comment discusses the historical background …

An Overview Of Prisoners' Rights: Part I, Access To The Courts Under Section 1983 Symposium - Selected Topics On Constitutional Law - Comment., James M. Hill

St. Mary's Law Journal

Abstract Forthcoming.

Adjudicative Resolution Of Commercial Disputes Between Nationals Of The United States And Mexico., Edward H. Kurth

St. Mary's Law Journal

Abstract Forthcoming.

The Windfall Profit Tax Exposed., J. Matthew Dow

St. Mary's Law Journal

Abstract Forthcoming.