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Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman Nov 1984

Backing Off Bivens And The Ramifications Of This Retreat For The Vindication Of First Amendment Rights, Joan Steinman

Michigan Law Review

In Part I of this Article, Chappell and Bush are analyzed against the backdrop of the preceding Bivens cases. The analysis explains how these cases presented situations that were similar to one another but unlike any the Supreme Court previously had faced in Bivens cases. It demonstrates how the Court departed from the line of analysis that its previous Bivens cases had established, in a way that makes it more difficult for at least some plaintiffs seeking vindication of their constitutional rights to succeed in having a money damage remedy implied directly under the Constitution. The Article then argues that …


Ak-Chin Settlement Act Of 1984, United States 98th Congress Oct 1984

Ak-Chin Settlement Act Of 1984, United States 98th Congress

Native American Water Rights Settlement Project

Federal Legislation: Ak-Chin Water Use Act of 1984 (PL 98-530, 98 Stat. 2698) An Act to formalize 1983 in Principle for Revised Ak-Chin Water Settlement between Ak-Chin Indian Community and Department of Interior to revisions of July 28, 1978 (PL 95-328; 92 Stat. 409.) In exchange for USA delivering a permanent supply by January 1, 1988, Community released USA from its commitment to supply an interim supply and agreed to reduced deliveries of permanent supply under certain conditions (75,000 a/f on average but up to 85,000 in good years and low as 72,000 in bad ones). The Secretary will supply …


Contributory Negligence And Mitigation Of Damages: Comparative Negligence Through The Back Door?, Paul A. Lebel Oct 1984

Contributory Negligence And Mitigation Of Damages: Comparative Negligence Through The Back Door?, Paul A. Lebel

Popular Media

No abstract provided.


Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens Oct 1984

Defamation—A Standard Of Review For Constitutional Facts, Susan Stevens

University of Arkansas at Little Rock Law Review

No abstract provided.


What Is The Appropriate Statute Of Limitations For Implied Warranty Of Habitability, David A. Larson Oct 1984

What Is The Appropriate Statute Of Limitations For Implied Warranty Of Habitability, David A. Larson

University of Arkansas at Little Rock Law Review

No abstract provided.


Constitutional Law—The Commerce Clause: Allocating Provision Or Individual Right, Wylie D. Cavin Iii Oct 1984

Constitutional Law—The Commerce Clause: Allocating Provision Or Individual Right, Wylie D. Cavin Iii

University of Arkansas at Little Rock Law Review

No abstract provided.


Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review Aug 1984

Redefining The "Cost Of Suit" Under Section Four Of The Clayton Act, Michigan Law Review

Michigan Law Review

This Note explores the possible interpretations of the "cost of suit" provision and the policies which it implicates. It concludes that the Copper Liquor interpretation best advances the goals of the antitrust laws set forth by Congress and the courts. Part I examines the development of the present controversy among the circuits. Part II analyzes and refutes the arguments which have been set forth in support of the traditional rule. Part III explores the policy considerations which underlie private treble damage actions and concludes that the Copper Liquor interpretation of the "cost of suit" provision serves them better than does …


Reputation, Compensation, And Proof, David A. Anderson Jun 1984

Reputation, Compensation, And Proof, David A. Anderson

William & Mary Law Review

No abstract provided.


A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud Jun 1984

A Day Of Reckoning Is Near: Rico, Treble Damages, And Securities Fraud

Washington and Lee Law Review

No abstract provided.


The Role Of Treble Damages In Legislative And Judicial Attempts To Deter Insider Trading Jun 1984

The Role Of Treble Damages In Legislative And Judicial Attempts To Deter Insider Trading

Washington and Lee Law Review

No abstract provided.


Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge Jan 1984

Damages Under The Privacy Act Of 1974: Compensation And Deterrence, Frederick Z. Lodge

Fordham Law Review

No abstract provided.


Accounting For Inflation And Other Productivity Factors When Calculating Lost Future Earning Capacity, Alexander M. Waldrop Jan 1984

Accounting For Inflation And Other Productivity Factors When Calculating Lost Future Earning Capacity, Alexander M. Waldrop

Kentucky Law Journal

No abstract provided.


Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy Jan 1984

Comments On Judicial Nullification Of Jury Awards In Public Official And Public Figure Libel Suits, William P. Murphy

West Virginia Law Review

No abstract provided.