Law Commons^™

Three Continuities Of Choice In Abortion, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

A Nonregulatory Challenge, A. James Barnes

Articles by Maurer Faculty

No abstract provided.

The Creation Of Fetal Rights: Conflicts With Women's Constitutional Rights To Liberty, Privacy, And Equal Protection, Dawn E. Johnsen

Articles by Maurer Faculty

No abstract provided.

United States V. Pend Oreille County P.U.D. No. 1: A Signal Conflict Between Equal Footing And Aboriginal Indian Title, Daniel H. Cole

Articles by Maurer Faculty

A summary judgment decision is ordinarily not casenote material. But the denial of summary judgment in Pend Oreille proved a significant victory to tribal bedlands claimants averting aboriginal rights. The decision allows tribes to avoid the presumption of state ownership of lands beneath navigable rivers, established by the Supreme Court in Montana v. United States, without proving conveyance by the federal government. Most importantly the Pend Oreille summary judgment decision illustrates the substantial flaws of the Montana rule.

Recent Labor Law Decisions Of The Supreme Court, Terry A. Bethel

Articles by Maurer Faculty

This Article highlights the more notable labor and employment law decisions by the Supreme Court since the beginning of 1984.' Although the Court worked no major changes,2 it has been "tinkering and tailoring,"3 deferring to administrative interpretation or refining its own analysis from previous opinions. Even so, the Court has acted in important areas, and its decisions raise significant questions.

The Uncertainty Principle In The Supreme Court, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

The Bfoq Defense In Adea Suits: The Scope Of "Duties Of The Job", Robert L. Fischman

Articles by Maurer Faculty

No abstract provided.

Intergenerational Condemnation, Donald H. Gjerdingen

Articles by Maurer Faculty

Justice between generations is a growing concern in land use, particularly in the areas of environmental and historic preservation. In this Article, Professor Gerdingen addresses the effect of this development on contemporary takings clause doctrine. He argues that conventional takings doctrine is comprised of four different "causes of action" that merely focus on intragenerational conflicts over the use of resources. As a result, part of the reason why the law generates so many hard cases in the area of environmental and historic preservation is that the conventional takings doctrine is unable to accommodate the justice between generations component of preservation …

The Uses Of Myth: A Response To Professor Bassett, Susan H. Williams

Articles by Maurer Faculty

No abstract provided.

Reviving The Federal Power Act's Comprehensive Plan Requirement: A History Of Neglect And Prospects For The Future, Daniel H. Cole

Articles by Maurer Faculty

In 1920, Congress enacted the Federal Power Act (FPA) to secure inexpensive and widely available power through federal licensing of private hydroelectric development in accordance with a "comprehensive plan." The Federal Power Commission (FPC) was charged with administering the statute and undertook its planning obligations with diligence, preparing plans for at least two river basins. However, chronic manpower and resource deficiencies soon led the FPC to neglect Congress' planning directive. No comprehensive plans have been produced since 1930, either by the FPC or its successor, the Federal Energy Regulatory Commission (FERC). This failure to plan, combined with the avalanche of …

A "Conservative" Judge And The First Amendment: Judicial Restraint And Freedom Of Expression, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

Closing Argument Procedure, J. Alexander Tanford

Articles by Maurer Faculty

Legal scholars have paid little attention to closing arguments. There are few publications that touch on this phase of the trial process, most focusing on the substance of prosecution arguments in criminal cases. As a result, too few of the legal principles and doctrines of closing argument procedure are understood, especially in civil trials. The purpose of this article is to set out a more comprehensive picture of this body of law than has been done previously, and to define and analyze its major doctrines.

Patricia Roberts Harris, John T. Baker

Articles by Maurer Faculty

No abstract provided.

Salute To A Great Legislative Draftsman: Elmer A. Driedger, Q. C., Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

For more than a half-century, the Federal Energy Regulatory Commission (FERC or Commission) and its predecessor, the Federal Power Commission (FPC), regulated hydroelectric development of the nation's rivers under the Federal Power Act (FPA) with little interference by Congress.' However, increasing criticism of the FERC has reawakened congressional interest in hydropower regulation.2 Congress recently considered a number of proposals to amend the FPA.8 Of these, seven related directly to a controversy born in the 1970s between public and private power:4 the issue of preference in competitive FERC relicensing proceedings.

Section 7(a) of the Federal Power Act directs the FERC to …

Book Review. The Limits Of Liberalism: Wrong To Others, Patrick L. Baude

Articles by Maurer Faculty

No abstract provided.

Book Review. Judges, Bureaucrats, And The Question Of Independence By Donna Price Cofer, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

In Memoriam: Edward H. Buehrig (1910-1986), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Changing Conceptions Of Property And Sovereignty In Natural Resources: Questioning The Public Trust Doctrine, Richard J. Lazarus

Articles by Maurer Faculty

No abstract provided.

"Understanding...": Processing Information And Values In Clinical Work, Edwin H. Greenebaum

Articles by Maurer Faculty

No abstract provided.

Adr And Civil Procedure: A Chapter Or An Organizing Theme?, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

The Future Of Legal Scholarship And The Search For A Modern Theory Of Law, Donald H. Gjerdingen

Articles by Maurer Faculty

In this Article, Professor Gjerdingen argues that the current crisis in legal scholarship can be traced to a change in the dominant concept of American law. He argues that virtually all of the significant schools of American legal thought during the last century, from Langdellian orthodoxy to realism to the legal process school, were dominated by a concept of law that separated law and politics. This concept of law, which he terms "conventionalism," presumed that law was an autonomous, apolitical discipline dominated by the study of adjudication and classical common law categories. In contrast, the new legal scholarship of the …

An Introduction To Trial Law, J. Alexander Tanford

Articles by Maurer Faculty

No abstract provided.

The Politics Of The Coase Theorem And Its Relationship To Modern Legal Thought, Donald H. Gjerdingen

Articles by Maurer Faculty

No abstract provided.

Industry Self-Regulation And The Useless Concept "Group Boycott", Robert Heidt

Articles by Maurer Faculty

No abstract provided.

Book Review. Legal Information Management Index, Linda K. Fariss

Articles by Maurer Faculty

No abstract provided.

Preclusion And Federal Choice Of Law, Gene R. Shreve

Articles by Maurer Faculty

No abstract provided.

Aggressive Smugness: The United States And International Human Rights, Bryant G. Garth

Articles by Maurer Faculty

No abstract provided.

Book Review. The Law And The Public's Health, 2nd Ed. By Kenneth R. Wing, Roger B. Dworkin

Articles by Maurer Faculty

No abstract provided.