Law Commons^™

Ending Subsidized Degradation: The Ocean Dumping Example, Brenda Asher Dillman

Theses and Major Papers

There is no way to measure, on a global scale, the pollution dumped directly into the oceans, let alone all the tens of thousands of particulates, toxics, and gaseous substances are added each day to the atmosphere surrounding the New York Bight. The aim of this paper is to develop a user fee framework for the ocean dumping of municipal sludge. Such a proposal requires a radical departure from the standards and enforcement approach of today's legislation. The ocean dumping of municipal sludge, while accounting for only a small percentage of the total waste dumped into the Bight, has ...

Extending The Prison Terms Of Violent Or Mentally Ill Offenders: Constitutional And Social Issues, Senate Judiciary Committee

California Senate

No abstract provided.

Politically Motivated Labor Actions In The United States And England: A Comparison Of Judicial And Legislative Treatment, Paula M. Sarro

Boston College International and Comparative Law Review

No abstract provided.

The Rico Nexus Requirement: A "Flexible" Linkage, Michigan Law Review

Michigan Law Review

This Note argues that the RICO "nexus" requirement can be interpreted to limit effectively this overbroad use of RICO without emasculating the statute. The "nexus requirement" is generally described as defining the word "through" in section 1962(c), the provision of RICO that makes it illegal to "conduct or participate, directly or indirectly, in the conduct of [an] enterprise's affairs through a pattern of racketeering activity." This language establishes the necessity of proving a relationship between the enterprise and the racketeering. Once evidence of the alleged enterprise and the predicate racketeering acts has been submitted, the final element of ...

The Other Deficit: A Review Of International Trade In California And The U.S., Senate Office Of Research

California Senate

No abstract provided.

Second Generation State Takeover Legislation: Maryland Takes A New Tack, Michigan Law Review

Michigan Law Review

This Note examines the approach recently adopted by the Maryland legislature in special session one year after the Supreme Court's decision in MITE. Maryland has departed radically from the regulatory approach of first generation statutes; however, this Note argues that the statute has failed to escape the constitutional infirmities of its predecessors. Part I outlines the various mechanisms that regulate acquisition of corporate control: the federal tender offer regulatory mechanism known as the Williams Act, state takeover legislation such as the Illinois statute invalidated in MITE, and the new Maryland statute. Part II analyzes the debate concerning the constitutionality ...

Local, Regional, And State Policy And Planning For Telecommunications And Information Resources, Assembly Committee On Utilities And Commerce

California Assembly

No abstract provided.

Drug And Alcohol Abuse In California: Where Are We Now? Where Are We Going?, Senate Select Committee On Drug And Alcohol Abuse

California Senate

No abstract provided.

Hearing On Bkk Hazardous Waste Landfill, Assembly Committee On Consumer Protection And Toxic Materials

California Assembly

No abstract provided.

Health Insurance: Overlapping Jurisdiction Between The Departments Of Corporations And Insurance, Assembly Committee On Finance And Insurance

California Assembly

No abstract provided.

Disposition Of Community Property, Senate Committee On Judiciary

California Senate

No abstract provided.

Civil Commitment In Mental Health: A Review Of The Lanterman-Petris-Short Act, Senate Subcommittee On Mental Health, Developmental Disabilities And Genetic Diseases, Assembly Select Committee On Mental Health

California Joint Committees

No abstract provided.

Determination Of Brain Death, Senate Select Committee On Anatomical Transplants

California Senate

No abstract provided.

Interim Hearing On Item Pricing, Senate Committee On Judiciary

California Senate

No abstract provided.

Seaweed And Sagebrush Robbery: State Revenue Losses From Offshore And Onshore Federal Lands, Senate Office Of Research

California Senate

No abstract provided.

Charting Florida's Course: The State And Regional Planning Act Of 1984, Robert M. Rhodes, Robert C. Apgar

Florida State University Law Review

No abstract provided.

The Liability Of Third Parties Under Title Vii, Andrew O. Schiff

University of Michigan Journal of Law Reform

This Note considers the extent to which Title VII covers discrimination by third parties other than employment agencies and labor organizations. Part I analyzes the rationale for covering third parties, discussing Title VIl's language and the policies that Congress intended it to serve. Part II proposes a framework for analyzing the liability of third parties. Part III applies this framework to three instances where courts have disagreed about the liability of a particular third party: insurance companies' administration of employee benefits, state licensing agencies' licensing of individuals for various occupations, and hospitals' granting of staff privileges to doctors.

Exemption Of Erisa Benefits Under Section 522(B)(2)(A) Of The Bankruptcy Code, Michigan Law Review

Michigan Law Review

This Note argues that the two federal statutes are exempting statutes under section 522(b)(2)(A), and thus BRISA funds should be exempt in a bankruptcy action when the debtor uses the state exemption scheme. Part I argues that standard principles of statutory interpretation, as applied to the language of the bankruptcy statute, refute the possibility that Congress intended the list of statutes in the legislative history to be exclusive. Having established that statutes other than those listed may be included under section 522(b )(2)(A), Part II first refutes the argument that the absence of BRISA from ...

Yankees Out Of North America: Foreign Employer Job Discrimination Against American Citizens, Michigan Law Review

Michigan Law Review

This Note explores Title VII's relationship to the hiring practices of foreign employers. It focuses on Japanese employers, who might face the toughest Title VII challenge to a business and cultural familiarity or citizenship requirement. Part I sets out arguments for and against finding intentional discrimination - disparate treatment - in either of these hiring requirements. It suggests that a court should refuse to find national origin discrimination when the employer imposes a business and cultural familiarity requirement. However, when an applicant is denied employment solely on the basis of citizenship, a strong argument may be made that the employer is ...

Interim Hearing On Los Angeles County Aids Budget, Assembly Committee On Health

California Assembly

No abstract provided.

Acr 62 Task Force Meeting September 18, 1984, Joint Publications Office

California Joint Committees

No abstract provided.

Criteria For Brain Death, Senate Select Committee On Anatomical Transplants

California Senate

No abstract provided.

Acr 62 Task Force Meeting September 17, 1984, Joint Publications Office

California Joint Committees

No abstract provided.

Sca 51 And Sb 2032 - State Tax Courts, Senate Committee On Judiciary

California Senate

No abstract provided.

Interim Hearing On The California State Lottery Initiative, Senate Committee On Governmental Organizations

California Senate

No abstract provided.

Proposition 41: Public Aid And Medical Assistance Initiative, Senate Office Of Research

California Senate

No abstract provided.

Fadem Lottery Initiative Proposition 37, Assembly Committee On Governmental Organizations

California Assembly

No abstract provided.

Hearing On The Standards Of Review Applied By Oal And The Quality And Consistency Of The Office's Decisions, Assembly Select Committee On The Oversite Of The Office Of Administrative Law

California Assembly

No abstract provided.

Denial Of Unemployment Benefits To Otherwise Eligible Women On The Basis Of Pregnancy: Section 3304(A)(12) Of Federal Unemployment Tax Act, Michigan Law Review

Michigan Law Review

This Note examines the conflicting interpretations of section 3304(a)(12) of the Federal Act. The Porcher decision serves as a point of reference throughout this Note, since opposing constructions of the section were presented in the case. Part I describes the basic framework of FUTA and presents the disparate interpretations of section 3304(a)(12) that have been advanced.

Part II analyzes section 3304(a)(12) with reference to the statutory language and legislative history. As a preliminary matter, this part considers the degree of deference that should be afforded the Secretary of Labor's certification of state programs ...

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 ...