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Articles 1 - 5 of 5

Full-Text Articles in Law

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.


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.


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 ...


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 ...


Rethinking Standing, Gene R. Nichol Jr. Jan 1984

Rethinking Standing, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.