Law Commons^™

The Seaward Boundary Cases, Robert H. Abrams

Journal Publications

No abstract provided.

The Alaskan State Timber Sales Case: Can The State Require Local Primary Manufacture?, Robert H. Abrams

Journal Publications

No abstract provided.

Thalwegs And Bottom Holes: Oil And Water Law Beneath The Mississippi River, Robert H. Abrams

Journal Publications

No abstract provided.

Toward A Constitutional Framework For The Control Of State Court Jurisdiction, Robert H. Abrams

Journal Publications

No abstract provided.

Interbasin Transfer In A Riparian Jurisdiction, Robert Haskell Abrams

Journal Publications

This Article explores some issues pertaining to interbasin diversion of water in the East. The major issues surveyed are the physical and political aspects of interbasin transfers and the legal doctrines that govern them. Intrastate transfers are studied separately from interstate transfers to delineate unique problems that attend the latter. When possible, the Article will focus on Virginia as a state that has importing regions where interbasin transfer is a possibility.

In Memoriam: Professor Charles A. Thompson, Leroy Pernell

Journal Publications

No abstract provided.

Thresholds Of Harm In Environmental Litigation: The Michigan Environmental Protection Act As Model Of A Minimal Requirement, Robert H. Abrams

Journal Publications

The Michigan Environmental Protection Act of 1970 (MEPA)I creates a broad private cause of action by which citizens and other entitiescan prevent environmental degradation. As with all statutes, the scope of MEPA's coverage is a critical issue in determining its effectiveness. The central argument of this article is that MEPA, in contrast to other environmental legislation, is intended to govern an extraordinarily wide variety of cases unfettered by a substantial threshold of harm requirement.

National Security Interests Vs. The First Amendment: Haig V. Agee, Joan R. M. Bullock

Journal Publications

In Haig v. Agee, the United States Supreme Court held that the Secretary of State has the authority to revoke a passport when the bearer's activities abroad "are causing or are likely to cause serious damage to the national security or the foreign policy of the United States." This note will examine the implications of Agee as a standard in resolving conflicts between national security and first amendment rights of the individual.

Setting Regional Policy On Diverting Great Lakes Water To The Arid West: Scaling Down Two Myths, Robert Haskell Abrams

Journal Publications

No abstract provided.

Power, Convenience, And The Elimination Of Personal Jurisdiction In The Federal Courts, Robert Haskell Abrams

Journal Publications

After briefly cataloging the types of federal court cases that raise difficult conceptual issues regarding personal jurisdiction, this article will explore in detail the possible function and content of a uniquely federal concept of personal jurisdiction.

After rejecting functions based on constitutional concern for litigant convenience" and federalism of the Erie R.R. v. Tompkins vein, other roles for the concept will be considered. This exploration will be expanded to consider the functions presently served by limitations on service of process and federal venue and the ability of those doctrines to subsume all useful aspects of the personal jurisdiction inquiry. A …

Governmental Expansion Of Recreational Water Use Opportunities, Robert Haskell Abrams

Journal Publications

The growing popularity of public boating and related water-based recreation is increasingly taxing the capacity of available lakes and strearns. As a result, accelerating demands have been made for public use of otherwise unavailable, "private" bodies of water. Although existing 'economic' and governmental mechanisms to expand recreational opportunities may be adequate in theory, they have failed to respond to these new demands coherently." This Article proposes that government enjoys additional power to increase the public's opportunity for water-based recreation.

The purpose of this Article is to lay a comprehensive, doctrinal foundation for broad governmental action. Simultaneously, this Article counsels a …

United States Of America V. Herman Raddatz, Preview Of United States Supreme Court Cases, Leroy Pernell

Journal Publications

No abstract provided.

Interim Detention Of Juvenile Delinquents In Ohio: A Proposal For Controlling Judicial Discretion, Leroy Pernell

Journal Publications

No abstract provided.

Planning Without Prices: The Taking Clause As It Relates To Land Use Regulation Without Compensation [Review Of Book Edited By Bernard H. Siegan], Robert H. Abrams

Journal Publications

This volume presents a series of papers delivered in 1975 at a conference entitled "The Taking Issue: An Economic Analysis." It is prefaced with an essay by Professor B. H. Siegan, the chairperson of the conference. The central paper, by M. Bruce Johnson, decries the present practice of land use regulation without compensation as "Planning Without Prices." Several distinguished commentators, both legal and economic, comment on Johnson's position. This review will examine some of the major topics discussed in the volume and raise a few objections to its analysis.

Reserved Water Rights, Indian Rights And The Narrowing Scope Of Federal Jurisdiction: The Colorado River Decision, Robert H. Abrams

Journal Publications

In 1976, the United States Supreme Court decided Colorado River Water Conservation District v. United States, holding that principles of judicial administration relating to "contemporaneous exercise of concurrent jurisdictions'" command that the federal courts abjure congressionally granted, previously attached jurisdiction of federal claims to reserved water rights.

This Article explores the impact of Colorado River and examines critically the Court's choice to remit to state courts claims involving federally created Indian water rights. Part I of the Article traces the development of federal-state water law relations and analyzes the Colorado River decision in light of this development. Part II examines …