Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Courts (4)
- Constitutional Law (3)
- Administrative Law (2)
- Civil Procedure (1)
- Criminal Law (1)
-
- Environmental Law (1)
- Environmental Sciences (1)
- Evidence (1)
- Forest Management (1)
- Forest Sciences (1)
- Jurisdiction (1)
- Juvenile Law (1)
- Land Use Law (1)
- Law and Economics (1)
- Legal History (1)
- Legal Profession (1)
- Legislation (1)
- Life Sciences (1)
- Natural Resources Law (1)
- Natural Resources Management and Policy (1)
- Oil, Gas, and Mineral Law (1)
- Physical Sciences and Mathematics (1)
- Property Law and Real Estate (1)
- Public Affairs, Public Policy and Public Administration (1)
- Public Policy (1)
- Recreation, Parks and Tourism Administration (1)
- Securities Law (1)
- Social and Behavioral Sciences (1)
- State and Local Government Law (1)
- Institution
- Publication
- Publication Type
Articles 1 - 15 of 15
Full-Text Articles in Law
Lawyers, Courts, And The Rise Of The Regulatory State, R. C. B. Risk
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 …
A Federal Judge In The Deep South: Random Observations, John Minor Wisdom
A Federal Judge In The Deep South: Random Observations, John Minor Wisdom
South Carolina Law Review
No abstract provided.
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
The Inadequacy Of Legal Remedy Requirement For Equitable Relief: The Development Of The Rule And Its Application In South Carolina, Val H. Stieglitz
South Carolina Law Review
No abstract provided.
Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches
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 Political Question Doctrine In State Courts, Nat S. Stern
The Political Question Doctrine In State Courts, Nat S. Stern
South Carolina Law Review
No abstract provided.
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 other …
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.
Clear Standards For Discovery Protective Orders: A Missed Opportunity In Rhinehart V. Seattle Times Co., Carole J. Breitenbach
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.
Rethinking Standing, Gene R. Nichol Jr.
Courts, Statutes And Administrative Agency Jurisdiction: A Consideration Of Limits On Judicial Creativity, Jonathan Mallamud
Courts, Statutes And Administrative Agency Jurisdiction: A Consideration Of Limits On Judicial Creativity, Jonathan Mallamud
South Carolina Law Review
No abstract provided.
Withdrawing Jurisdiction From Federal Courts, Charles E. Rice
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 stature as …
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
The Office Of Chief Judge Of A Federal Court Of Appeals, Wilfred Feinberg
Fordham Law Review
No abstract provided.
Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman
Book Review Of Money And Justice: Who Owns The Courts? By Lois G. Forer, Jethro K. Lieberman
Other Publications
No abstract provided.
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Administrative Institutions And The Administrative Process, Lawrence G. Baxter
Faculty Scholarship
No abstract provided.
Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale
Reconsidering Supervisory Power In Criminal Cases: Constitutional And Statutory Limits On The Authority Of The Federal Courts, Sara Sun Beale
Faculty Scholarship
No abstract provided.