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- Articles by Maurer Faculty (11)
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- Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13) (1)
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- Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1) (1)
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- Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11) (1)
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- The Federal Land Policy and Management Act (Summer Conference, June 6-8) (1)
- The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10) (1)
Articles 31 - 50 of 50
Full-Text Articles in Law
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Prospective Overruling And The Revival Of ‘Unconstitutional' Statutes, William Michael Treanor, Gene B. Sperling
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in Planned Parenthood v. Casey reshaped the law of abortion in this country. The Court overturned two of its previous decisions invalidating state restrictions on abortions, Thornburgh v. American College of Obstetricians and Gynecologists and Akron v. Akron Center for Reproductive Health, and it abandoned the trimester analytic framework established in Roe v. Wade. At the time Casey was handed down, twenty states had restrictive abortion statutes on the books that were in conflict with Akron or Thornburgh and which were unenforced. In six of these states, courts had held the statutes unconstitutional. Almost …
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel
Scholarly Works
No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …
The Collaborative Model Of Statutory Interpretation, William D. Popkin
The Collaborative Model Of Statutory Interpretation, William D. Popkin
Articles by Maurer Faculty
No abstract provided.
Planning As A Major Tool Of Public Land Management, John D. Leshy
Planning As A Major Tool Of Public Land Management, John D. Leshy
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
25 pages.
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Statutes And Constitutions In An Age Of Common Law, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Public Lands Mineral Leasing: Issues And Directions, University Of Colorado Boulder. Natural Resources Law Center
Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)
University of Colorado School of Law professor Lawrence J. MacDonnell served as the conference organizer and as a member of the faculty.
Federal leasing programs, especially for oil and gas and coal, have been undergoing important changes in recent years. This conference will provide an overview and an update for those involved in public lands mineral development. Significant new issues also will be addressed.
Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson
Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson
Articles by Maurer Faculty
Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.
In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.
Wilderness And The Public Lands, John D. Leshy
Wilderness And The Public Lands, John D. Leshy
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
18 pages (includes chart).
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
The Clean Air Act And Mineral Development, Paul D. Phillips
The Clean Air Act And Mineral Development, Paul D. Phillips
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
16 pages (includes charts, maps, and illustrations).
Contains 3 pages of references.
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson
Articles by Maurer Faculty
Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson
Articles by Maurer Faculty
No abstract provided.
Review Of Digest Of Procedural Statutes And Court Rules: Pleading, Joinder And Judgment Record, By E. G. Brown, John W. Reed
Review Of Digest Of Procedural Statutes And Court Rules: Pleading, Joinder And Judgment Record, By E. G. Brown, John W. Reed
Reviews
This is no bedside reader. One is, I suppose, adequately warned by the title to expect something less agreeable than a collection of short stories from the New Yorker. Digests are not made to be read seriatim. Lawyers, familiar with case digests, know better than to expect anything very stimulating to develop from an evening spent in random reading of, say, volume 22 (Mayhem to Motions) of the Third Decennial Digest. One is reminded of the man who said that the dictionary would be interesting reading if it didn't change the subject so often. Well, a digest doesn't change it …
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Cooperative Action For Improved Statutory Interpretation, Frank Edward Horack Jr.
Articles by Maurer Faculty
No abstract provided.
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Effect Of A Change In The Law Upon Rights Of Actions And Defences, Thomas M. Cooley
Articles
A very interesting and important question frequently is, what effect has been produced upon a right of action, or upon a previously existing defence to an action, by a change in the law effected by statute after the right has accrued, or the cause of action has arisen, to which the defence was applicable. The question is encountered in a great variety of cases, and is sufficiently important to be considered under the several heads where the cases seem to range themselves. This is done imperfectly below.
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Power Of Judiciary To Declare A Law Unconstitutional, Charles A. Kent
Articles
The judiciary has no power to declare a law unconstitutional unless it conflicts with some provision of the State or Federal Constitution. It will be the purpose of this article to show the reasonableness and meaning of this principle.
Wordiness In Legislation, Lucian Minor