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Articles 1 - 8 of 8
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Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein
Preliminary Reflections On Mckesson And American Trucking Associations, Walter Hellerstein
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On June 4, 1990, the Supreme Court issued its long awaited decisions in McKesson Corp v. Division of Alcoholic Beverages and Tobacco and American Trucking Associations, Inc. v. Smith. Both cases raised the question of whether a taxpayer has a right to a refund of unconstitutional state taxes. This article analyzes these decisions separately and considers the implications of these decisions on future state tax litigation. The article has two purposes: first, to analyze the McKesson and American Trucking Association cases; and second, to consider their implications for future constitutional challenges to state taxes. The article concludes by stating …
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
Abortion Rights (Symposium: The Supreme Court And Local Government Law; The 1989-90 Term), Eileen Kaufman
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No abstract provided.
Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer
Affirmative Action Doctrine And The Conflicting Messages Of Croson, Doug D. Scherer
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No abstract provided.
The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith
The Viability Of Citizens’ Suits Under The Clean Water Act After Gwaltney Of Smithfield V. Chesapeake Bay Foundation, Bevery Mcqueary Smith
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No abstract provided.
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel
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As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …
Note, Maynard V. Cartwright: Channeling Arizona's Use Of The Heinous, Cruel Or Depraved Aggravating Circumstance To Impose The Death Penalty, Terrill Pollman
Note, Maynard V. Cartwright: Channeling Arizona's Use Of The Heinous, Cruel Or Depraved Aggravating Circumstance To Impose The Death Penalty, Terrill Pollman
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“Death is qualitatively different from other punishments that can be imposed by the state.” Recognition of this disturbing conclusion led to the heightened scrutiny demonstrated in a series of United States Supreme Court rulings beginning with Furman v. Georgia, which set forth the constitutionally acceptable range of discretion that a judge or jury may use in imposing the death penalty. States have attempted to bring their statutes within the Furman v. Georgia range by articulating aggravating circumstances that warrant the imposition of the death penalty. One controversial circumstance that many states employ permits a capital sentence where the offense …
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
The Original Meaning Of The Ninth Amendment, Thomas B. Mcaffee
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This Article presents the case for the residual rights reading of the ninth amendment as against the affirmative rights interpretation. The author evaluates the merits of these opposing views to determine whether the proponents of the new orthodoxy have really made the case for discarding the received reading. This analysis of the recent literature also raises questions about the way in which constitutional scholarship is conducted. The author concludes that the original meaning of the ninth amendment lends critical support to the project of originalist jurisprudence in the individual rights area and undercuts modem claims linking the ninth amendment to …
Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White
Section 301'S Preemption Of State Law Claims: A Model For Analysis, Rebecca White
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Congress, in section 301(a) of the Labor Management Relations Act, has provided a cause of action for breach of a collective bargaining agreement. This statute has long been interpreted as ousting state law claims for breach of contract when the contract involved is a collective bargaining agreement.
To what extent Congress, in enacting section 301, intended to foreclose other state law claims by the parties to or the individuals covered by a collective bargaining agreement is an issue that has recently gained prominence. The Supreme Court has decided four such cases unanimously in the last four years.
Such contemporary and …