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Resource Law Notes Newsletter, No. 32, Fall Issue, Aug. 1994, University Of Colorado Boulder. Natural Resources Law Center Oct 1994

Resource Law Notes Newsletter, No. 32, Fall Issue, Aug. 1994, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Expression Rules In Contract Law And Problems Of Offer And Acceptance, Melvin Aron Eisenberg Oct 1994

Expression Rules In Contract Law And Problems Of Offer And Acceptance, Melvin Aron Eisenberg

Faculty Scholarship

The issue of interpretation is central to contract taw, because a major goat of that body of law is to facilitate the power of self-governing parties to further their shared objectives through contracting. Modern contract law has developed a set of general principles of interpretation that give a place to both objective and subjective elements, and must be applied on an individualized basis. However, a number of narrower black-letter rules give a purely objective and standardized interpretation to certain kinds of expressions, and these standardized interpretations may often differ from the meanings such expressions would be given under the general ...


Decision Making And The Public Lands, Robert K. Davis Sep 1994

Decision Making And The Public Lands, Robert K. Davis

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

18 pages.

Contains 3 pages of references.


Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller Sep 1994

Constitutional And Congressional Requirements Directing Public Lands Decisionmaking, Joseph M. Feller

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

15 pages.

Contains references.


Interest Group Participation In Public Land Planning And Decision Making Processes: Paradigm Lost, Paradigm Found?, Sally K. Fairfax Sep 1994

Interest Group Participation In Public Land Planning And Decision Making Processes: Paradigm Lost, Paradigm Found?, Sally K. Fairfax

Who Governs the Public Lands: Washington? The West? The Community? (September 28-30)

16 pages.

Contains references.


Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank Jun 1994

Regulation Of Water Use And Takings—The Government Lawyer’S Perspective, Richard M. Frank

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

11 pages.

Contains 3 pages of references.


Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla Jun 1994

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.


Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr. Jun 1994

Regulation Of Water Use And Takings: A Growing Battlefield, Barton H. Thompson, Jr.

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

43 pages.

Contains references.


Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria Jun 1994

Regulatory Takings And Resources: What Are The Constitutional Limits?, John D. Echeverria

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.


Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman Jun 1994

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.


Mining Regulation And Takings, L. Thomas Galloway Jun 1994

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.


Mining Regulation(S) And Takings, Lawrence G. Mcbride Jun 1994

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.


Property Rights And Public Resources, Mark L. Pollot Jun 1994

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.


What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy Jun 1994

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.


The Endangered Species Act And Constitutional Takings, Robert Meltz Jun 1994

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.


“Takings” And The Endangered Species Act, Oliver A. Houck Jun 1994

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.


Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law Jun 1994

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically ...


The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne Jun 1994

The Regulatory Takings Doctrine: A Critical Overview, J. Peter Byrne

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.


Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman Jun 1994

Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains 3 pages of references.


Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht Jun 1994

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.


The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose Jun 1994

The Law Of Takings: An Introduction: Property, Takings And The Evolution Of Resource Regulation, Carol M. Rose

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.


Resource Law Notes Newsletter, No. 31, Spring Issue, Apr. 1994, University Of Colorado Boulder. Natural Resources Law Center Apr 1994

Resource Law Notes Newsletter, No. 31, Spring Issue, Apr. 1994, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center Jan 1994

Resource Law Notes Newsletter, No. 30, Winter Issue, Jan. 1994, University Of Colorado Boulder. Natural Resources Law Center

Resource Law Notes: The Newsletter of the Natural Resources Law Center (1984-2002)

No abstract provided.


Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein Jan 1994

Patterned Responses To Organizing: Case Studies Of The Union-Busting Convention, Richard W. Hurd, Joseph B. Uehlein

Articles and Chapters

[Excerpt] In June 1993, the Industrial Union Department (IUD) of the AFL-CIO initiated a project to gather cases from affiliated unions that would highlight aspects of the National Labor Relations Board process deserving attention from those shaping labor law reform proposals. Based on the cases submitted, we conclude that in its current form the National Labor Relations Act serves to impede union organizing. Particularly problematic are NLRB policies that allow employers to wage no-holds-barred antiunion campaigns. Even where there are legal restrictions on specific actions, the penalties for violations are so meager that they serve no deterrent effect. The cases ...


Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber Jan 1994

Introduction: The Context For The Reform Of Labor Law, Sheldon Friedman, Richard W. Hurd, Rudolph A. Oswald, Ronald L. Seeber

Articles and Chapters

[Excerpt] It has become increasingly clear that the U.S. system of collective bargaining is no longer a realistic option for a large and growing proportion of American workers, and the situation will continue to worsen absent a major redirection of public policy. The decline in union density rates in this country is alarming to those who value and promote unionization. The extent to which this decline is due to management resistance and the failure of the law to promote collective bargaining is an important question that requires continued study and debate. Opinion polls reveal that for millions of nonunion ...


Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner Jan 1994

Max And Ralph: Unruly Children Of Limited-Form Requirements Contracts, David E. Boelzner

Faculty Publications

No abstract provided.


Martin's March, David B. Oppenheimer Jan 1994

Martin's March, David B. Oppenheimer

Faculty Scholarship

Discusses the significance of the 1964 Civil Rights Act. Role of Martin Luther King Jr. in desegregation demonstrations; Historical overview of the passage of the 1964 Civil Rights Act. INSET: More to be done..


The Outmoded Debate Over Affirmative Action, Daniel A. Farber Jan 1994

The Outmoded Debate Over Affirmative Action, Daniel A. Farber

Faculty Scholarship

Looks at affirmative action programs in universities and schools in the U.S. in the context of the Critical Race Theory. Discussion of the concept of reverse discrimination; History of Critical Race Theory; Rights and protection of minority students.


Foreword: Law As Equilibrium, William N. Eskridge, Philip P. Frickey Jan 1994

Foreword: Law As Equilibrium, William N. Eskridge, Philip P. Frickey

Faculty Scholarship

Evaluates the legal process related to public law in the U.S. Development of a tentative outline of a complex prescriptive framework for public law; Theoretical tensions between democratic values and the rule of law; Definition of law as equilibrium.


An Economic Model Of Legal Discovery, Robert D. Cooter, Daniel L. Rubinfeld Jan 1994

An Economic Model Of Legal Discovery, Robert D. Cooter, Daniel L. Rubinfeld

Faculty Scholarship

Presents an economic analysis of legal discovery in the United States. Purposes of discovery; Discussion on discovery abuse and fair resolution of disputes; Policy recommendations.