Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 26 of 26

Full-Text Articles in Law

Insurance Regulation In Alaska: Healthy Exercise Of A State Prerogative, David G. Stebing Dec 1993

Insurance Regulation In Alaska: Healthy Exercise Of A State Prerogative, David G. Stebing

Alaska Law Review

No abstract provided.


Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach Dec 1993

Withholding Consent To Alienate: If Your Landlord Is In A Bad Mood, Can He Prevent You From Alienating Your Lease?, Martha Wach

Duke Law Journal

No abstract provided.


Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen Nov 1993

Historical Framework For Reviving Constitutional Protection For Property And Contract Rights , James L. Kainen

Cornell Law Review

No abstract provided.


The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger Nov 1993

The “Proper” Scope Of Federal Power: A Jurisdictional Interpretation Of The Sweeping Clause, Gary Lawson, Patricia B. Granger

Duke Law Journal

No abstract provided.


Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves Oct 1993

Looking Back, Looking Ahead: Justice O’Connor, Ideology, And The Advice And Consent Process, Lisa R. Graves

Cornell Journal of Law and Public Policy

No abstract provided.


The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller Oct 1993

The President’S Power Of Interpretation: Implications Of A Unified Theory Of Constitutional Law, Geoffrey P. Miller

Law and Contemporary Problems

No abstract provided.


Foreword, Neal Devins Oct 1993

Foreword, Neal Devins

Law and Contemporary Problems

No abstract provided.


Disagreement And Interpretation, Robert F. Nagel Oct 1993

Disagreement And Interpretation, Robert F. Nagel

Law and Contemporary Problems

The question of what weight--if any--courts should give to elected government resistance to court decisions is examined. A principle is sought that explains why courts should not consider local resistance when deliberating on constitutional questions.


Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel Oct 1993

Confirming The Constitution: The Role Of The Senate Judiciary Committee, Stephen J. Wermiel

Law and Contemporary Problems

The confirmation process for Supreme Court justices is examined as a form of indirect constitutional interpretation by the Senate. Recent confirmation struggles are used as examples.


Voting Rights And The “Statutory Constitution”, Peter M. Shane Oct 1993

Voting Rights And The “Statutory Constitution”, Peter M. Shane

Law and Contemporary Problems

The appeal of regarding certain statutes as having constitutional status is discussed. The possibility that certain statutes may lay claim to expressing fundamental law in a way that entitles them to be included within the range of material relevant to constitutional interpretation is examined.


Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber Oct 1993

Justice And The Text: Rethinking The Constitutional Relation Between Principle And Prudence, Christopher L. Eisgruber

Duke Law Journal

No abstract provided.


Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong Oct 1993

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, Stacie I. Strong

Duke Journal of Comparative & International Law

No abstract provided.


No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr. Jul 1993

No Final Victories: The Incompleteness Of Equity’S Triumph In Federal Public Law, Thomas D. Rowe Jr.

Law and Contemporary Problems

Prominent areas in which the US Supreme Court has denied equitable relief are examined, demonstrating the limited nature of equity's "triumph" in federal public law. The rationale behind the trend away from equity in such decisions is discussed.


Haitian Asylum Seekers: Interdiction And Immigrants’ Rights, Hiroshi Motomura Jul 1993

Haitian Asylum Seekers: Interdiction And Immigrants’ Rights, Hiroshi Motomura

Cornell International Law Journal

No abstract provided.


Sodomy And Public Morality Offenses Under U.S. Immigration Law: Penalizing Lesbian And Gay Identity, Shannon Minter Jul 1993

Sodomy And Public Morality Offenses Under U.S. Immigration Law: Penalizing Lesbian And Gay Identity, Shannon Minter

Cornell International Law Journal

No abstract provided.


Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield Jul 1993

Choice Approach To The Constitutionality Of Term Limitation Laws , Johnathan Mansfield

Cornell Law Review

No abstract provided.


Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight Apr 1993

Texas Community Property Law: Conservative Attitudes, Reluctant Change, Joseph W. Mcknight

Law and Contemporary Problems

A senselessly rigid interpretation of a provision in the Texas consititution referring to a married woman's separate property has hampered development of community property law. The state's addressing of this issue is discussed.


A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs Apr 1993

A Healthy And Ecologically Balanced Environment: An Argument For A Third Generation Right, Jennifer A. Downs

Duke Journal of Comparative & International Law

No abstract provided.


Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler Mar 1993

Has Due Process Struck Out? The Judicial Rubberstamping Of Retroactive Economic Laws, Andrew C. Weiler

Duke Law Journal

No abstract provided.


Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard Jan 1993

Liability Of Institutional Trustees Under Cercla, Michele B. Corash, Robert J. Reinhard

Duke Environmental Law & Policy Forum

No abstract provided.


Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson Jan 1993

Identifying And Beating A Strategic Lawsuit Against Public Participation, Dwight H. Merriam, Jeffrey A. Benson

Duke Environmental Law & Policy Forum

No abstract provided.


Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg Jan 1993

Reducing Greenhouse Gases: A Combined Strategy Using Fees, Permits, And Country Commitments, Donald M. Goldberg

Duke Environmental Law & Policy Forum

No abstract provided.


Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young Jan 1993

Medical Waste Regulation: Recommendations For Cleaning Up The Mess, Howard J. Young

Duke Environmental Law & Policy Forum

No abstract provided.


Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel Jan 1993

Full Disclosure: Financial Statement Disclosures Under Cercla, Stuart B. Frankel

Duke Environmental Law & Policy Forum

No abstract provided.


Consensus, Coherence And The European Convention On Human Rights, Lawrence R. Helfer Jan 1993

Consensus, Coherence And The European Convention On Human Rights, Lawrence R. Helfer

Cornell International Law Journal

No abstract provided.


Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter Jan 1993

Fiduciary Issues In Federal Banking Regulation, Lawrence G. Baxter

Law and Contemporary Problems

It is argued that the "fiduciary" duty being claimed by banking regulators against depository institutions arising out of the S&L scandal is actually a distinct statutory duty.