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Full-Text Articles in Law

Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde Nov 1993

Allocating The Burden Of Proof To Effectuate The Preservation And Federalism Goals Of The Coastal Zone Management Act, Martin J. Lalonde

Michigan Law Review

Primarily due to policy considerations, this Note argues that courts should allocate to the federal agency proposing an activity that may affect the coastal zone the burden of proving consistency with a state CMP. This allocation effectuates Congress's intent to vest states with primary control to preserve the coastal zone. Part I provides a general background of the Act's consistency requirement for federally conducted activities. Part II examines the various factors that courts traditionally consider when allocating burdens of proof in litigation. Part III evaluates these factors as applied to the consistency issue under the CZMA. Part IV concludes that …


Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School Sep 1993

Section 9: The Court And Politics, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse Mar 1993

Variations On A Theory Of Normative Federalism: A Supreme Court Dialogue, Ann Althouse

Duke Law Journal

No abstract provided.


Felix Frankfurter: The Architect Of "Our Federalism", Mary Brigid Mcmanamon Jan 1993

Felix Frankfurter: The Architect Of "Our Federalism", Mary Brigid Mcmanamon

Mary Brigid McManamon

No abstract provided.


Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano Jan 1993

Competition For Corporate Charters And The Lesson Of Takeover Statutes, Roberta Romano

Fordham Law Review

In this Essay, Professor Romano considers the efficacy of competition among states for tax revenues generated by corporate charters. To this end, she focuses on how state takeover regulation-regulation which tends to benefit management rather than shareholders--affects this competition. She argues that federalism provides a safety net which protects investor interests and reduces the likelihood of self-serving management decisions. Professor Romano concludes that the current state-based system of incorporation is preferable to a national regime.


European Integration: Beyond 1992, Lloyd Bonfield Jan 1993

European Integration: Beyond 1992, Lloyd Bonfield

Articles & Chapters

No abstract provided.


Expert Witness Fees In Federal Diversity Cases., Wade P. Webster Jan 1993

Expert Witness Fees In Federal Diversity Cases., Wade P. Webster

St. Mary's Law Journal

Even with the increasing complexity of litigation and the increased utilization of expert witnesses to provide expensive evidence on narrow scientific and technical issues, Congress still limits compensation of expert witnesses to only forty dollars per day, the same rate as ordinary fact witnesses. The justification for the low rate is that the witness fee statute was not intended by Congress to compensate witnesses fully for their lost time and income. Presumably this same reasoning also applies to expert witnesses. The problem with this reasoning, unlike law witnesses who may be compelled by subpoena, individual litigants must pay the fees …


Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness Jan 1993

Federal Preemption Of State Products Liability Doctrines, Richard C. Ausness

Law Faculty Scholarly Articles

Federal agencies now regulate the manufacture, design, and labeling of hundreds of consumer products. For example, the Consumer Product Safety Commission promulgates "consumer product safety standards" for a number of consumer products. Likewise, the National Traffic and Motor Vehicle Safety Act of 1966 authorizes the National Highway Transportation Safety Administration to develop safety standards for automobiles and other motor vehicles. Additionally, the Food and Drug Administration (FDA) exercises extensive control over prescription drugs, biologics, medical devices, and over-the-counter drugs. The FDA also regulates food labeling.6 Finally, Congress has established statutory labeling requirements for cigarettes, smokeless tobacco products, and alcoholic beverages. …


Federalism, The Commerce Clause, And Equal Protection, Leon Friedman Jan 1993

Federalism, The Commerce Clause, And Equal Protection, Leon Friedman

Touro Law Review

No abstract provided.


The Aspirational Constitution, Robin West Jan 1993

The Aspirational Constitution, Robin West

Georgetown Law Faculty Publications and Other Works

Firmly embedded in every theory of judicial decisionmaking lies an important set of assumptions about the way government is supposed to work. Sometimes these theories about government are made explicit. More often they are not. Moreover, deeply embedded in every theory of government is a theory of human nature. Although these assumptions about human nature generally remain latent within the larger theory, because they provide the underpinnings for our ideas about the way government is supposed to work, they drive our notions about judicial decisionmaking. For example, the theory of government reflected in the United States Constitution reveals what one …