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

Law Commons

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

Courts

PDF

1984

Articles 1 - 10 of 10

Full-Text Articles in Law

Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk Nov 1984

Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk

Dalhousie Law Journal

In 1883, when Dalhousie Law School was created, lawyers in England, the United States, and Canada stood at the edge of a watershed. Massive changes in the law began during the late nineteenth and early twentieth centuries - changes in doctrine, institutions, practice, and ways of thinking. I cannot imagine how I might describe these changes in one short paper, even if I understood them all. Instead, I have chosen to talk about one large strand, regulation, because it is an important feature of law in the twentieth century and because it offers an opportunity to consider some distinctive characteristics of ...


Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches Jun 1984

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.


The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert A. Kagan Jan 1984

The Routinization Of Debt Collection: An Essay On Social Change And Conflict In The Courts, Robert A. Kagan

Faculty Scholarship

No abstract provided.


Application Of Respondeat Superior Principles To Securities Fraud Claims Under The Racketeer Influenced And Corrupt Organizations Act (Rico), Barbara Black Jan 1984

Application Of Respondeat Superior Principles To Securities Fraud Claims Under The Racketeer Influenced And Corrupt Organizations Act (Rico), Barbara Black

Faculty Articles and Other Publications

Part I of this article outlines RICO's statutory scheme, reviews the common law doctrines under which a principal may be liable for the acts of its agent and the policies behind these doctrines, and examines RICO decisions raising the issue of vicarious liability. Part II examines non-RICO federal cases and identifies relevant factors determining the appropriateness of applying respondeat superior and agency principles to federal statutes. Finally, Part III analyzes the specific provisions of RICO in light of the factors identified in Part II. The article concludes that these factors do not support the imposition of liability on defendants ...


Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman Jan 1984

Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman

Other Publications

No abstract provided.


Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones Jan 1984

Too Many Rights Or Not Enough--A Study Of The Juvenile Related Decisions Of The West Virginia Supreme Court Of Appeals, Paul Mones

West Virginia Law Review

No abstract provided.


The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg Jan 1984

The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg

Fordham Law Review

No abstract provided.


Withdrawing Jurisdiction From Federal Courts, Charles E. Rice Jan 1984

Withdrawing Jurisdiction From Federal Courts, Charles E. Rice

Journal Articles

Courts today accept two incorrect assumptions when interpreting the federal constitution. First, they assume that the judiciary is the sole branch with the definitive power in interpreting the Constitution. Second, they assume that the Supreme Court's decisions on constitutional interpretation are the law of the land and equal to the language of the Constitution itself. This Article proposes that Congress ought to exercise its removal power of appellate jurisdiction from the federal courts in certain areas of law to limit the Supreme Court’s power in creating law that expands the Constitution, which is mistakenly viewed today with equal ...


Rethinking Standing, Gene R. Nichol Jr. Jan 1984

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach Jan 1984

Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach

Seattle University Law Review

The Washington State Supreme Court has previously balanced the interests of privacy and effective judicial administration against those of free speech and public access in the context of judicial proceedings, and the court missed a significant opportunity to expand and apply this balancing test in Rhinehart. The United States Supreme Court similarly declined to create a balancing test to ensure the full protection of First Amendment interests during pretrial discovery. A need remains for a general standard to ensure that First Amendment interests in disseminating discovery information are identified and protected when a protective order is requested.