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Full-Text Articles in Law

Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne Oct 1984

Notes On A Bicentennial Constitution, Part I: Processes Of Change, William W. Van Alstyne

Faculty Publications

With the approach of the Bill of Rights bicentennial, this paper takes the cause for celebration as an equally important occasion for critique. This work argues that the most distinguishing aspects of our Constitution are not the Bill of Rights, federalism, and separation of powers, but rather the availability of judicial review, the political insulation of federal judges, and the limited mechanisms available for constitutional change.


Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg Oct 1984

Uranium Mining And Milling In Virginia: An Analysis Of Regulatory Choice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman Oct 1984

New Federalism In Education: The Meaning Of The Chicago School Desegregation, Neal Devins, James B. Stedman

Faculty Publications

No abstract provided.


Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy Oct 1984

Six Copyright Theories For The Protection Of Computer Object Programs, I. Trotter Hardy

Faculty Publications

No abstract provided.


The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer Jul 1984

The Parameters Of Constitutional Reconstruction: Slaughter-House, Cruikshank, And The Fourteenth Amendment, Robert C. Palmer

Faculty Publications

No abstract provided.


Administrative Law, Paul A. Lebel Jul 1984

Administrative Law, Paul A. Lebel

Faculty Publications

This survey of Eleventh Circuit administrative law decisions covers the law applicable to the administrative agencies, rather than the law applied by those agencies. The substantive law administered by the agencies is beyond the scope of this survey. The surveyed cases may be broken down into two major categories: decisions relating to administrative decisionmaking and decisions concerning judicial review of administrative actions.


Ucc And Me In Process, Ingrid Michelsen Hillinger Apr 1984

Ucc And Me In Process, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Bob Jones University V. U.S.: A Political Analysis, Neal Devins Apr 1984

Bob Jones University V. U.S.: A Political Analysis, Neal Devins

Faculty Publications

No abstract provided.


Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg Apr 1984

Referendum Zoning: Legal Doctrine And Practice, Ronald H. Rosenberg

Faculty Publications

No abstract provided.


Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr. Apr 1984

Confining Judicial Authority Over Administrative Action, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson Apr 1984

The 1982 Amendments To The Voting Rights Act: A Statutory Analysis Of The Revised Bailout Provisions, Richard A. Williamson

Faculty Publications

No abstract provided.


Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer Apr 1984

Basing-Point Pricing Establishes Illegal Vertical Agreements, Elmer J. Schaefer

Faculty Publications

No abstract provided.


Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins Jan 1984

Who Is Injured When Racially Discriminatory Private Schools Are Tax-Exempt?, Neal Devins

Faculty Publications

No abstract provided.


Diminished Luster In Escambia County?, Neal Devins Jan 1984

Diminished Luster In Escambia County?, Neal Devins

Faculty Publications

No abstract provided.


For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone Jan 1984

For Richer Or Poorer, 'Til Decree Do Us Part - A Spouse's Entitlement To Division Of Pension Funds And Professional Degrees As Marital Property, Linda A. Malone

Faculty Publications

No abstract provided.


Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne Jan 1984

Trends In The Supreme Court: Mr. Jefferson’S Crumbling Wall - A Comment On Lynch V. Donnelly, William W. Van Alstyne

Faculty Publications

No abstract provided.


Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton Jan 1984

Playing With Numbers: Determining The Majority Of Judges Required To Grant En Banc Sittings In The United States Court Of Appeals, James J. Wheaton

Faculty Publications

This note addresses the effects that these two interests -- majority control of circuit law and judicial integrity -- have on the appropriate definition of majority. Neither legislative history nor Supreme Court constructions of section 46(c) provide an unambiguous rule, and interpretation of the majority requirement remains within the authority of each circuit. The Judicial Conference of the United States, at its meeting in September 1984, recommended that each circuit clearly describe its en banc voting procedures. This note delineates considerations that may assist the circuit courts in their efforts to outline the method by which they should order en …


What Standards Apply When Freedoms Collide?, Neal Devins Jan 1984

What Standards Apply When Freedoms Collide?, Neal Devins

Faculty Publications

No abstract provided.


Are Residential Quotas Constitutional?, Neal Devins Jan 1984

Are Residential Quotas Constitutional?, Neal Devins

Faculty Publications

No abstract provided.


Arab-Israeli Conflict, Linda A. Malone Jan 1984

Arab-Israeli Conflict, Linda A. Malone

Faculty Publications

No abstract provided.


Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler Jan 1984

Minimum Standards Of Constitutional Justice: Federal Floor And State Ceiling, William F. Swindler

Faculty Publications

No abstract provided.


Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins Jan 1984

Your Money Or Your Wife's?: Social Security Changes Considered, Neal Devins

Faculty Publications

No abstract provided.


The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins Jan 1984

The 1965 Voting Rights Act: Some Wrongs Still Not Righted, Neal Devins

Faculty Publications

No abstract provided.


Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins Jan 1984

Standing And Adverseness In Challenges Of Tax Exemptions For Discriminatory Public Schools, Thomas Mccoy, Neal Devins

Faculty Publications

No abstract provided.


A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins Jan 1984

A New Look At An Old Association: Will Today's Women Be Tomorrow's Jaycees?, Neal Devins

Faculty Publications

No abstract provided.


Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie Jan 1984

Inverse Liability Of The State Of Wisconsin For A De Facto "Temporary Taking" As A Result Of An Administrative Decision: Zinn V. State, Alemante G. Selassie

Faculty Publications

This Note examines Zinn v. State, a Wisconsin Supreme Court decision, which held that plaintiff stated a claim for inverse condemnation against the State of Wisconsin when, as a result of an erroneous quasi-judicial decision by the DNR, plaintiff lost the use of her property for a little longer than a month. This Note takes the position that Zinn represents the growing tendency among courts to enlarge the scope of fact situations in which they will find a taking. Given this tendency, and given that the substantive test in Wisconsin of what constitutes a taking is identical whether a taking …


A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces Jan 1984

A Jurisprudential Perspective For The True Codification Of Payments Law, Peter A. Alces

Faculty Publications

No abstract provided.


Human Rights In The Middle East, Linda A. Malone Jan 1984

Human Rights In The Middle East, Linda A. Malone

Faculty Publications

No abstract provided.


Ohio's Public Employee Bargaining Law: Can It Withstand Constitutional Challenge?, Rebecca Hanner White, Robert E. Kaplan, Michael W. Hawkins Jan 1984

Ohio's Public Employee Bargaining Law: Can It Withstand Constitutional Challenge?, Rebecca Hanner White, Robert E. Kaplan, Michael W. Hawkins

Faculty Publications

No abstract provided.