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Articles 1 - 5 of 5
Full-Text Articles in Law
Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen
Erisa Preemption: Judicial Flexibility And Statutory Rigidity, Leon E. Irish, Harrison J. Cohen
University of Michigan Journal of Law Reform
This Article attempts to describe the ways in which, and the reasons why section 514(a) has caused the courts and Congress so much difficulty. Part I reviews the legislative history of section 514(a), with emphasis on the ambivalence Congress has shown toward its 1974 draftsmanship. Part II attempts to provide a coherent description of the case law that has developed under section 514(a). Part III completes the legislative history by examining the two instances in which experience compelled Congress to revise section 514. Finally, Part IV discusses examples of problems courts have faced when crafting a federal common law of …
The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review
The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review
Michigan Law Review
This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Affirmative Action And The Legislative History Of The Fourteenth Amendment, Eric Schnapper
Articles
This article contends that the legislative history of the fourteenth amendment is not only relevant to but dispositive of the legal dispute over the constitutional standards applicable to race-conscious affirmative action plans. From the closing days of the Civil War until the end of civilian Reconstruction some five years later, Congress adopted a series of social welfare programs whose benefits were expressly limited to blacks. These programs were generally open to all blacks, not only to recently freed slaves, and were adopted over repeatedly expressed objections that such racially exclusive measures were unfair to whites. The race-conscious Reconstruction programs were …
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
The Big Chill: Applicability Of Section 548(A)(2) Of The Bankruptcy Code To Noncollusive Foreclosure Sales, Darcy Lopez
Fordham Law Review
No abstract provided.
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson
Publications
No abstract provided.