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Articles 1 - 30 of 112
Full-Text Articles in Law
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Divided We Fall: Associational Standing And Collective Interest, Heidi Li Feldman
Michigan Law Review
This Note asserts that associations merit standing when they seek to litigate collective interests they reasonably claim as theirs. Part I of this Note examines the state of judicial doctrine on associational standing, and illustrates how current doctrine hampers associations by refusing to recognize, and thus protect, interests that fit naturally with those the Supreme Court has regarded as associational. Part II reworks the concept of associational standing by formalizing collective interest and arguing for the association as the appropriate legal representative of such interest. Finally, Part III addresses the separation of powers concerns raised by a reworked concept of …
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Changing The Constitutional Jurisdiction Of The Indiana Supreme Court: Letting A Court Of Last Resort Act Like One, Randall T. Shepard
Indiana Law Journal
No abstract provided.
Ideology And Judging In The Supreme Court Of Canada, Robert Martin
Ideology And Judging In The Supreme Court Of Canada, Robert Martin
Osgoode Hall Law Journal
The purpose of this article is to advance some hypotheses about the way the Supreme Court of Canada operates as a state institution. The analysis is based on the period since 1948. The first hypothesis is that the judges of the Supreme Court of Canada belong to the dominant class in Canadian society. The second hypothesis is that they contribute to the dominance of their class primarily on the ideological plane.
Appellate Review Of Refusals To Depart, David Yellen
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Federal Court Review Of Arbitrary State Court Decisions, David T. Azrin
Michigan Law Review
Part I of this Note argues that the Thompson, Logan, and Hicks cases can be read narrowly to deal primarily with concern about protecting specific constitutional guarantees such as criminal procedural protections, equal protection guarantees, and first amendment freedoms. Arguably, in order to avoid dealing explicitly with the broader constitutional questions raised by the state decisions, the Court reversed the state decisions as arbitrary interpretations of state law. Part II argues that the rule against arbitrary state decisions suggested by Thompson, Logan, and Hicks is incompatible with federalism because it interferes with states' ability to develop law over state …
The Family Court: An Historical Survey, Merril Sobie
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 …
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Compensation For Regulatory Takings: Finality Of Local Decisionmaking And The Measure Of Compensation, David A. Arrensen
Indiana Law Journal
No abstract provided.
Vanessa Redgrave V. Boston Symphony Orchestra, Inc.: A Breach Of Constitutional Dimension, Maria O'Brien
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
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
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
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
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
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
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
43 pages.
The Wind River Litigation: Quantification And Implementation, Gordon W. Fassett
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
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
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
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
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
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
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
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
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
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
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
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
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 …
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
Appellate Justice Bureaucracy And Scholarship, William M. Richman, William L. Reynolds
University of Michigan Journal of Law Reform
Many of the other Articles in this Symposium demonstrate that a single great piece of legal scholarship can have an enormous impact on the development of legal doctrine. This Article differs in two respects. First, it focuses not on a single seminal work, but rather on a developing literature authored by a large group of scholars. Second, it attempts to assess the impact of that literature not on the growth of legal theory, but on the development of a single legal institution-the United States Courts of Appeals.
Beware The Solutions, H. Lee Sarokin
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Clarifying A "Pattern" Of Confusion: A Multi-Factor Approach To Civil Rico's Pattern Requirement, Ethan M. Posner
Michigan Law Review
In an attempt to provide some needed definitional clarity and redirect civil RICO toward its intended focus, this Note argues that the federal judiciary should interpret the pattern requirement narrowly, focusing on four basic factors that best demonstrate a prolonged, continuing example of criminal activity. By emphasizing (1) the presence of multiple victims, (2) the duration of the RICO defendant's criminal activity, (3) the number of illicit commercial transactions, and (4) the existence of independent criminal decisions, courts could consistently limit civil RICO to the most pernicious offenders. Part I of this Note will examine judicial interpretations of RICO and …