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Series

Articles

1989

Discipline
Institution
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Articles 1 - 30 of 72

Full-Text Articles in Law

Water Pollution And The Public Trust Doctrine, Ralph W. Johnson Apr 1989

Water Pollution And The Public Trust Doctrine, Ralph W. Johnson

Articles

Nonpoint pollution from irrigation return flows has become a serious national problem. Even the extraction of water for irrigation and other purposes causes pollution by reducing the assimilative capacity of the source stream or lake. Such pollution can be regulated either by the courts or the legislatures under the public trust doctrine, which antedates the prior appropriation system, and which protects fisheries and water quality. Alternatively, this pollution can be controlled under the state's police powers. The "takings" issue should not be troublesome because no one, not even prior appropriators, has or can acquire a legal right to pollute ...


The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld Jan 1989

The Right To Counsel In Juvenile Court: An Empirical Study Of When Lawyers Appear And The Difference They Make, Barry C. Feld

Articles

No abstract provided.


The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt Jan 1989

The Fortieth Session Of The U.N. Sub-Commission On Prevention Of Discrimination And Protection Of Minorities, Katherine Brennan, Reed Brody, David Weissbrodt

Articles

No abstract provided.


Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld Jan 1989

Bad Law Makes Hard Cases: Reflections On Teen-Aged Axe-Murderers, Judicial Activism, And Legislative Default, Barry C. Feld

Articles

Waiver legislation in Minnesota, as in most other States, typically requires juvenile court judges to make individualized determinations as to a juvenile's amenability to treatment and danger to society as the basis for deciding whether to transfer the juvenile to adult court for disposition. Disposition in adult court allows for a more severe sanction than that permitted under the maximum sentence that can be dispensed in juvenile court. The difficulty and disparity in applying this waiver law lies in the discretion given to juvenile justice judges and the diverse criteria applied in judicial decisionmaking, both in the juvenile court ...


Hegel And The Dialectics Of Contract, Michel Rosenfeld Jan 1989

Hegel And The Dialectics Of Contract, Michel Rosenfeld

Articles

No abstract provided.


Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon Jan 1989

Arguing From Necessity: A Comment On "Hegel And The Crisis Of Private Law", Charles M. Yablon

Articles

No abstract provided.


Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich Jan 1989

Hegel’S Answers To Questions We Know Not How To Ask, J. David Bleich

Articles

No abstract provided.


Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein Jan 1989

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Articles

No abstract provided.


Forgetting The Constitution, Robert F. Nagel Jan 1989

Forgetting The Constitution, Robert F. Nagel

Articles

No abstract provided.


Hegel's Legal Plenum, Arthur J. Jacobson Jan 1989

Hegel's Legal Plenum, Arthur J. Jacobson

Articles

No abstract provided.


The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman Jan 1989

The Advance Fee Payment Dilemma: Should Payments Be Deposited To The Client Trust Account Or To The General Office Account?, Lester Brickman

Articles

No abstract provided.


Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David Gray Carlson Jan 1989

Unsecured Claims Under Bankruptcy Code Sections 506(A) And 1111(B): Second Looks At Judicial Valuations Of Collateral, David Gray Carlson

Articles

No abstract provided.


Contradiction And Critical Legal Studies, David Gray Carlson Jan 1989

Contradiction And Critical Legal Studies, David Gray Carlson

Articles

No abstract provided.


Poison Pills And Litigation Uncertainty, Charles M. Yablon Jan 1989

Poison Pills And Litigation Uncertainty, Charles M. Yablon

Articles

No abstract provided.


Introduction, Malvina Halberstam Jan 1989

Introduction, Malvina Halberstam

Articles

No abstract provided.


Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein Jan 1989

Where Guesses Come From: Evolutionary Epistemology And The Anomaly Of Guided Variation, Edward Stein

Articles

No abstract provided.


Reaction To Terrorism: A Jewish Law Caveat, J David Bleich Jan 1989

Reaction To Terrorism: A Jewish Law Caveat, J David Bleich

Articles

No abstract provided.


Colorado Law Concerning Accomplices And Complicity, Marianne Wesson Jan 1989

Colorado Law Concerning Accomplices And Complicity, Marianne Wesson

Articles

No abstract provided.


Foreword, Focus: Clean Water Act’S Section 404, David H. Getches Jan 1989

Foreword, Focus: Clean Water Act’S Section 404, David H. Getches

Articles

No abstract provided.


Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy Jan 1989

Integrating Thoughtways: Re-Opening Of The Environmental Mind?, Lakshman Guruswamy

Articles

The implementation of environmental law and policy has assumed that pollution could be contained, corralled and interdicted within the medium (air, land, or water) in which unpleasant effects are encountered. Sweeping, but piecemeal, federal legislation in the 1970s aspired to create healthy air, together with fishable, swimmable and drinkable waters. Despite impressive gains, these goals have not been achieved. There have been painful failures, compounded by the mounting costs of environmental protection. While the need for environmental protection is generally accepted, the effectiveness and efficiency of regulation based on the legislation of the 1970s has been questioned in the 1980s ...


Missing Pieces: A Cognitive Approach To Law, Pierre Schlag Jan 1989

Missing Pieces: A Cognitive Approach To Law, Pierre Schlag

Articles

No abstract provided.


The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson Jan 1989

The Headwaters Of The Public Trust: Some Thoughts On The Source And Scope Of The Traditional Doctrine, Charles F. Wilkinson

Articles

No abstract provided.


Indian Consent To American Government, Richard B. Collins Jan 1989

Indian Consent To American Government, Richard B. Collins

Articles

No abstract provided.


Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel Jan 1989

Political Law, Legalistic Politics: A Recent History Of The Political Question Doctrine, Robert F. Nagel

Articles

No abstract provided.


The Problem Of Transaction Costs, Pierre Schlag Jan 1989

The Problem Of Transaction Costs, Pierre Schlag

Articles

No abstract provided.


Integrated Pollution Control: The Way Forward, Lakshman Guruswamy Jan 1989

Integrated Pollution Control: The Way Forward, Lakshman Guruswamy

Articles

No abstract provided.


Commentary, The Selling Of Jury Deliberations, Robert F. Nagel Jan 1989

Commentary, The Selling Of Jury Deliberations, Robert F. Nagel

Articles

No abstract provided.


A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel Jan 1989

A Comment On The Rule Of Law Model Of Separation Of Powers, Robert F. Nagel

Articles

No abstract provided.


A Critical Look At Wyoming Water Law, Mark Squillace Jan 1989

A Critical Look At Wyoming Water Law, Mark Squillace

Articles

No abstract provided.


Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt Jan 1989

Major Developments At The 1989 Session Of The Un Commission On Human Rights, Reed Brody, David Weissbrodt

Articles

On 10 March 1989 the United Nations Commission on Human Rights concluded its six week session in Geneva with a number of significant decisions as to country situations in which human rights violations have occurred, including the establishment of a Special Rapporteur on Romania. The Commission also continued monitoring disappearances, torture, executions, religious intolerance, and mercenaries; approved a draft Convention on the Rights of the Child after nine years of discussion; promptly transmitted to the General Assembly a draft Second Optional Protocol to the International Covenant on Civil and Political Rights for the abolition of the death penalty; reaffirmed the ...