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1995

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Full-Text Articles in Law

The Federal Government's Telephone Employment Verification System And California State Assembly Bill 507, Assembly Select Committee On Statewide Immigration Impact Dec 1995

The Federal Government's Telephone Employment Verification System And California State Assembly Bill 507, Assembly Select Committee On Statewide Immigration Impact

California Assembly

No abstract provided.


1995 Revenue And Taxation Chaptered Bill Report, Assembly Committee On Revenue And Taxation Dec 1995

1995 Revenue And Taxation Chaptered Bill Report, Assembly Committee On Revenue And Taxation

California Assembly

No abstract provided.


Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson Dec 1995

Your Life As An Open Book: Has Technology Rendered Personal Privacy Virtually Obsolete?, Sandra Byrd Peterson

Federal Communications Law Journal

As society becomes increasingly automated, the ability of individuals to protect their "information privacy" is practically nonexistent. Information that was once kept on paper in filing cabinets is now on-line in computer databases. At the touch of a computer key, a complete stranger can conveniently access and compile from a variety of different sources a dossier of intimate, personal information about people without their knowledge. Perhaps more shocking is the current lack of legal recourse available to contest the nonconsensual use of personal data.
In this Note, the Author examines the currently loose constitutional and common-law protections and suggests strategies ...


Foreword, Louis H. Pollak Dec 1995

Foreword, Louis H. Pollak

Michigan Law Review

Introduction to the Symposium Reflections on United States v. Lopez


Enumerated Means And Unlimited Ends, H. Jefferson Powell Dec 1995

Enumerated Means And Unlimited Ends, H. Jefferson Powell

Michigan Law Review

United States v. Lopez can be read as a fairly mundane disagreement over the application of a long-settled test. The Government defended the statute under review in the case, the Gun-Free School Zones Act of 1990, along familiar lines as a permissible regulation of activity affecting interstate and foreign commerce.

In this essay, I do not address the question whether Lopez was an important decision. My concern instead is with the problem that underlies Lopez's particular issue of the scope of the commerce power: Given our commitment to limited national government, in what way is the national legislature actually ...


Commerce!, Deborah Jones Merritt Dec 1995

Commerce!, Deborah Jones Merritt

Michigan Law Review

In this article, I explore the Supreme Court's new definition of "Commerce ... among the several States."9 In Part I, I examine three new principles that Lopez announces and that could significantly rework the Court's Commerce Clause jurisprudence. Part II, however, shows that these principles must be understood in the context of almost a dozen factors narrowing the Supreme Court's Lopez decision. Part II also demonstrates that the lower courts have understood the contextual uniqueness of Lopez and already have distinguished the decision in upholding more than half a dozen broad exercises of congressional authority. Part III ...


"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi Dec 1995

"A Government Of Limited And Enumerated Powers": In Defense Of United States V. Lopez, Steven G. Calabresi

Michigan Law Review

The Supreme Court's recent decision in United States v. Lopez marks a revolutionary and long overdue revival of the doctrine that the federal government is one of limited and enumerated powers. After being "asleep at the constitutional switch" for more than fifty years, the Court's decision to invalidate an Act of Congress on the ground that it exceeded the commerce power must be recognized as an extraordinary event. Even if Lopez produces no progeny and is soon overruled, the opinion has shattered forever the notion that, after fifty years of Commerce Clause precedent, we can never go back ...


Toward A Drought-Proof California: Eliminating Barriers To The Use Of Recycled Water, Assembly Committee On Local Government Nov 1995

Toward A Drought-Proof California: Eliminating Barriers To The Use Of Recycled Water, Assembly Committee On Local Government

California Assembly

No abstract provided.


Juvenile Dependency, Assembly Committee On Judiciary Nov 1995

Juvenile Dependency, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Child Support: The K Factor And The Guideline, Assembly Committee On Judiciary Nov 1995

Child Support: The K Factor And The Guideline, Assembly Committee On Judiciary

California Assembly

No abstract provided.


Due Process Review Under The Railway Labor Act, Christopher L. Sagers Nov 1995

Due Process Review Under The Railway Labor Act, Christopher L. Sagers

Michigan Law Review

This Note contends that the RLA prohibits due process review and further argues that such a result is constitutional. Part I examines the statutory language of the RLA itself and contends that it limits district court review to the three statutory grounds. Part II argues that the Supreme Court's opinion in Sheehan reaffirms this interpretation because the Court's language unmistakably conveys an intent to bar due process review. Part III explains that such a limitation does not violate the Constitution. The only constitutional provision that could be implicated in an RLA proceeding, the right of procedural due process ...


The Applicability Of Section 2462'S Statute Of Limitations To Sec Enforcement Suits In Light Of The Remedies Act Of 1990, Catherine E. Maxson Nov 1995

The Applicability Of Section 2462'S Statute Of Limitations To Sec Enforcement Suits In Light Of The Remedies Act Of 1990, Catherine E. Maxson

Michigan Law Review

This Note argues that section 2462's limitations period reaches all SEC civil suits for monetary fines but not those SEC actions seeking equitable relief. Part I interprets section 2462 and, in the process, demonstrates that the statute controls SEC enforcement suits for civil penalties. Part II argues that SEC actions requesting injunctions or disgorgement of profits, unlike those seeking monetary fines, are not subject to the time bar. Finally, Part III asserts that SEC administrative enforcement proceedings should not be immune from the statute of limitations found in section 2462 of title 28 because exempting administrative proceedings would be ...


Federal Lands And Watershed Based Management Approaches, Teresa Rice Oct 1995

Federal Lands And Watershed Based Management Approaches, Teresa Rice

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

12 pages.

Contains 1 footnote and 1 page of references.


Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins Oct 1995

Abdication Can Be Fun, Join The Orgy, Everyone: A Simpleton’S Perspective On Abdication Of Federal Land Management Responsibilities, George Cameron Coggins

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

14 pages.


The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski Oct 1995

The Natural Resource Law Center Conference On “Challenging Federal Ownership And Management Public Lands And Public Benefits”, Frank H. Murkowski

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

8 pages.


Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax Oct 1995

Thinking The Unthinkable: States As Public Land Managers, Sally K. Fairfax

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

27 pages.

Contains references.


Charging Public Land Users For Recreational Uses, Chip Dennerlein Oct 1995

Charging Public Land Users For Recreational Uses, Chip Dennerlein

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

11 pages.


Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center Oct 1995

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be ...


A History Of The Public Lands Debate, Patricia Nelson Limerick Oct 1995

A History Of The Public Lands Debate, Patricia Nelson Limerick

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

22 pages.


Why We’Re Unhappy? [Synopsis], Louise Liston Oct 1995

Why We’Re Unhappy? [Synopsis], Louise Liston

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

2 pages.


Public Land Policy Is Ripe For Change, James L. Huffman Oct 1995

Public Land Policy Is Ripe For Change, James L. Huffman

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

18 pages.


Faculty Addendum, Gregg Renkes Oct 1995

Faculty Addendum, Gregg Renkes

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

1 page.


Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz Oct 1995

Sexual Psychopath Legislation: Is There Anywhere To Go But Backwards?, Andrew Horwitz

Law Faculty Scholarship

No abstract provided.


Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas Oct 1995

Florida's Property Rights Act: A Political Quick Fix Results In A Mixed Bag Of Tricks, Sylvia R. Lazos Vargas

Florida State University Law Review

No abstract provided.


A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle Oct 1995

A Measured Step To Protect Private Property Rights, David L. Powell, Robert M. Rhodes, Dan R. Stengle

Florida State University Law Review

No abstract provided.


Florida's New Partnership Law: The Revised Uniform Partnership Act And Limited Liability Partnerships, John W. Larson Oct 1995

Florida's New Partnership Law: The Revised Uniform Partnership Act And Limited Liability Partnerships, John W. Larson

Florida State University Law Review

No abstract provided.


The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier Oct 1995

The Uniform Probate Code Upends The Law Of Remainders, Jesse Dukeminier

Michigan Law Review

Nothing is more settled in the law of remainders than that an indefeasibly vested remainder is transmissible to the remainderman's heirs or devisees upon the remainderman's death. Thus, where a grantor conveys property "to A for life, then to B and her heirs," B's remainder passes to B's heirs or devisees if B dies during the life of A. Inheritability of vested remainders was recognized in the time of Edward I, and devisability was recognized with the Statute of Wills in 1540.


The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger Oct 1995

The Fdic's Fraudulent Conveyance Power Under The Crime Control Act Of 1990: Bank Insolvency Law And The Politics Of The Iron Triangle, Edward J. Janger

Faculty Scholarship

No abstract provided.


Plastic Recycling Legislation: Not Just The Same Old Garbage, Anthony R. Depaolo Aug 1995

Plastic Recycling Legislation: Not Just The Same Old Garbage, Anthony R. Depaolo

Boston College Environmental Affairs Law Review

No abstract provided.


Managing Household Hazardous Waste Or Making A Choice To Do Something Without Going Broke, Maine State Planning Office Aug 1995

Managing Household Hazardous Waste Or Making A Choice To Do Something Without Going Broke, Maine State Planning Office

Maine Collection

Managing Household Hazardous Waste Or Making a Choice to Do Something Without Going Broke

State of Maine, State Planning Office, Augusta, Maine

Androscoggin Valley Council of Governments, Auburn, Maine

August 1995.

Contents: Acknowledgements / Abbreviations / Introduction / I. History of Household Hazardous Waste in Maine / II. How-To Guide for Towns / Appendixes / Bibliography