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Articles 1 - 7 of 7
Full-Text Articles in Law
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.
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 …
Rethinking Standing, Gene R. Nichol Jr.
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.
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 …