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1988

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Articles 1 - 30 of 66

Full-Text Articles in Law

Appellate Review Of Refusals To Depart, David Yellen Oct 1988

Appellate Review Of Refusals To Depart, David Yellen

Articles

No abstract provided.


The Family Court: An Historical Survey, Merril Sobie Jul 1988

The Family Court: An Historical Survey, Merril Sobie

Elisabeth Haub School of Law Faculty Publications

The New York Family Court this year celebrates its twenty-fifth anniversary. Hailed as an "experimental" tribunal, designed to resolve society's most intractable problems, including family dissolution, delinquency and child neglect, the court has been perceived as a radical development which altered the then existing legal rules governing family affairs. The Family Court Act indeed incorporates several creative provisions. But the court's foundations were built upon solid jurisprudential underpinnings, principles which had evolved over the course of the preceding century. Establishment of the court was neither radical nor experimental; in reality, Family Court represents the latest increment in the development of …


Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien Jul 1988

Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien

Faculty Scholarship

In Vanessa Redgrave v. Boston Symphony Orchestra, Inc., 399 Mass. 93 (1987), the Supreme Judicial Court (SJC) issued an important ruling on the parameters of the Commonwealth's relatively new Civil Rights Act (MCRA)' by answering two questions certified to it by the United States Court of Appeals for the First Circuit. The SJC held that MCRA is essentially the state equivalent of 42 U.S.C. §1983 without the federal "state action" requirement.' This article briefly examines the SJC's decision in Redgrave in light of Massachusetts precedent and the vast federal experience with §1983 actions (Section I) and then considers the …


Off-Reservation Marketing Of Indian Water, Steven J. Shupe Jun 1988

Off-Reservation Marketing Of Indian Water, Steven J. Shupe

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

12 pages.


The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch Jun 1988

The Wind River Litigation: Effects Of The Wyoming Supreme Court’S Decision On The Wind River Reservation’S Water Use And Implications For Other Reservations’ Water Rights, David M. Dornbusch

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Instream Flows And Tribal Management Goals: The Flathead Indian Reservation Litigation, Daniel F. Decker Jun 1988

Instream Flows And Tribal Management Goals: The Flathead Indian Reservation Litigation, Daniel F. Decker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

6 pages.


The Montana Reserved Water Rights Compact Commission, Marcia Beebe Rundle Jun 1988

The Montana Reserved Water Rights Compact Commission, Marcia Beebe Rundle

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

27 pages.

Contains references.


Survey Of Recent Developments In Indian Water Law: Litigation And Negotiations, Jeanne S. Whiteing Jun 1988

Survey Of Recent Developments In Indian Water Law: Litigation And Negotiations, Jeanne S. Whiteing

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

104 pages.


Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert Jun 1988

Joint Statement Of Department Of Water Resources Of Arizona, Colorado River Board Of California, And Colorado River Commission Of Nevada On House Bill 2642 Before The Committee On Interior And Insular Affairs House Of Representatives, Myron B. Holbert

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

43 pages.


The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett Jun 1988

The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

19 pages.


Mineral Leasing In Indian Country, Reid Peyton Chambers Jun 1988

Mineral Leasing In Indian Country, Reid Peyton Chambers

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

9 pages.

Contains footnotes.


Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton Jun 1988

Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

42 pages (includes illustrations and maps).


Cooperative Agreements Between Tribes And The States, Bernard P. Becker Jun 1988

Cooperative Agreements Between Tribes And The States, Bernard P. Becker

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

36 pages.


The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White Jun 1988

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.


Federal Taxation Of Resort Development, Commercial Fishing, And Reindeer, Steven C. Moore Jun 1988

Federal Taxation Of Resort Development, Commercial Fishing, And Reindeer, Steven C. Moore

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

5 pages.

Contains references.


Fisheries Management In The Regional And International Contexts: Columbia River Basin, Howard G. Arnett Jun 1988

Fisheries Management In The Regional And International Contexts: Columbia River Basin, Howard G. Arnett

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

7 pages.

Contains references.


Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash Jun 1988

Wildlife Management: State And Tribal Jurisdiction At Umatilla, Douglas Nash

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams Jun 1988

The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

26 pages.


Taxation In Indian Country, Richard B. Collins Jun 1988

Taxation In Indian Country, Richard B. Collins

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Environmental Regulation On Indian Reservations, B. Kevin Gover Jun 1988

Environmental Regulation On Indian Reservations, B. Kevin Gover

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

45 pages.


The Process Of Decision-Making In Tribal Courts, Tom Tso Jun 1988

The Process Of Decision-Making In Tribal Courts, Tom Tso

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

11 pages.


Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center Jun 1988

Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.

Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …


Ua12/2/1 Magazine, Wku Student Affairs Apr 1988

Ua12/2/1 Magazine, Wku Student Affairs

WKU Archives Records

Special magazine edition of the College Heights Herald.

  • Poore, Chris. The Jovial Judge – District Court Judge Tom Lewis
  • White, Douglas. Dealing with Death
  • White, Douglas. Hospice Eases Death Crisis
  • Albrecht, Dana. Friends Forever – short story


Interjurisdictional Certification And Choice Of Law, Ira Robbins Apr 1988

Interjurisdictional Certification And Choice Of Law, Ira Robbins

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider Jan 1988

Task Force Reports On Women In The Courts: The Challenge For Legal Education, Elizabeth M. Schneider

Faculty Scholarship

No abstract provided.


Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56 Jan 1988

Appellate Practice In The Second Circuit Court Of Appeals, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56 Jan 1988

Federal Criminal Appellate Practice In The Second Circuit, Roger J. Miner '56

Federal Courts and Federal Practice

No abstract provided.


Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56 Jan 1988

Sanctioning Frivolous Litigation In State And Federal Courts: Introduction And Overview, Roger J. Miner '56

Court Conferences and Events

No abstract provided.


The Work Of The Federal Courts, Roger J. Miner '56 Jan 1988

The Work Of The Federal Courts, Roger J. Miner '56

Federal Court System and Administration

No abstract provided.


Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank Jan 1988

Postsentence Sentencing: Determining Probation Revocation Sanctions, Bradford Mank

Faculty Articles and Other Publications

Although procedural due process requirements govern the proof of a violation in a probation revocation hearing, judges exercise almost total discretion in deciding what sanctions to impose once a violation is established. These postsentence judgments can be as important as the initial sentencing. Sanctions for even minor probation violations can range from obligating a probationer to meet with his probation officer more frequently to executing a suspended prison sentence. The Supreme Court recognized in Morrissey v. Brewer that the choice of sanctions is often more complex than the proof of a violation. Principles must be developed to regulate postsentence sentencing. …