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Articles 1 - 30 of 115
Full-Text Articles in Courts
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Personal Jurisdiction After Asahi: The Other (International) Shoe Drops, R. Lawrence Dessem
Faculty Publications
This articles analyzes the growth and development of the doctrine of personal jurisdiction and the Supreme Court's consideration and application of that doctrine in the recent case of Asahi Metal Industry Co. v. Superior Court. Asahi is significant both because of the nature of the suit and the nationality of the third-party defendant. The Supreme Court for the first time directly addressed the constitutionality of the ‘stream of commerce’ doctrine of personal jurisdiction, a jurisdictional theory that has been employed increasingly in recent years in products liability actions. Asahi also is one of the few cases in which the Court …
Considering New Issues On Appeal: The General Rule And The Gorilla Rule, Robert J. Martineau
Considering New Issues On Appeal: The General Rule And The Gorilla Rule, Robert J. Martineau
Vanderbilt Law Review
One aspect of the appellate process that most bedevils judges and lawyers occurs when a party attempts to raise an issue in the appellate court that it did not present to the trial court. This question creates problems for the following reasons: (1) the general rule against considering new issues on appeal; (2) the perception that it is unfair to the appellant if the new issue is not considered, yet it is unfair to the appellee if the new issue is considered; and (3) the failure or inability of appellate courts to articulate any principled basis for determining when and …
The Parental Kidnaping Prevention Act: Is There An Enforcement Role For The Federal Courts?, Ann T. Wilson
The Parental Kidnaping Prevention Act: Is There An Enforcement Role For The Federal Courts?, Ann T. Wilson
Washington Law Review
The number of divorced parents has increased dramatically since 1970. Consequently, the number of custody disputes has risen. In our increasingly mobile society, it is not surprising that many of these disputes occur across state lines. Extended litigation creates additional uncertainty and instability for children involved in these disputes. In response to this growing problem, Congress enacted the Parental Kidnapping Prevention Act of 1980 (PKPA). The PKPA requires that state courts enforce and not modify the child custody determinations of other states. The duty to enforce arises if the initial custody determination meets certain conditions. 6 Despite the existence of …
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Constitutional Fact Review: An Essential Exception To Anderson V. Bessemer, Ann Zobrosky
Indiana Law Journal
No abstract provided.
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
The Right Of Revolution: The Development Of The People's Right To Reform Government, Phillip B. Scott
West Virginia Law Review
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
West Virginia Law Review
Over the course of the past decade, the West Virginia Supreme Court of Appeals has become something of a controversial institution. Allegedly seeking to "mold state government in its own image,"' the court has issued decisions restructuring the state property tax assessment and appraisal scheme, overseeing the funding of public education, invalidating a gubernatorial veto, expanding tort claims beyond the umbrella of workers compensation, and ordering emergency care for the homeless. As a result, the high court has, perhaps deservedly, "attained a reputation for dramatic intervention in public policy disputes.” As individual exercises of judicial authority, the court's determinations have …
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Watershed Management And Water Quality Protection, Thomas E. Wilson
Watershed Management And Water Quality Protection, Thomas E. Wilson
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
11 pages.
Contains references (page 1).
Carrying Capacity In The National Parks, Denis P. Galvin
Carrying Capacity In The National Parks, Denis P. Galvin
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
4 pages.
Wilderness Protection On Forest Service Lands: Badger-Two Medicine, Arnold W. Bolle
Wilderness Protection On Forest Service Lands: Badger-Two Medicine, Arnold W. Bolle
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
22 pages.
Lands Of Brighter Destiny: The Future Of The Public Lands, Elizabeth Darby Junkin
Lands Of Brighter Destiny: The Future Of The Public Lands, Elizabeth Darby Junkin
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
4 pages.
Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking
Integrating Private Water Development Activities Into Federal Land And Resource Planning And Management, James F. Engelking
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
92 pages.
Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock
Ski Development In National Forests, Harris D. Sherman, David S. Neslin, Ian K. Whitlock
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
79 pages.
Repositioning Arizona Lands, D. Dean Bibles
Repositioning Arizona Lands, D. Dean Bibles
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
10 pages.
Blm Land Planning And Consistency Obligations To Provide For Protection Of Natural Values On Adjacent Protected Lands, William J. Lockhart
Blm Land Planning And Consistency Obligations To Provide For Protection Of Natural Values On Adjacent Protected Lands, William J. Lockhart
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
60 pages.
Riparian Management: Back To Basics, Wayne Elmore
Riparian Management: Back To Basics, Wayne Elmore
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
9 pages.
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
Livestock Grazing On Public Lands: Procedures And Issues, E. T. Bartlett
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Contains references.
The Oil Shale Saga: Where Do We Stand?, Donald L. Morgan
The Oil Shale Saga: Where Do We Stand?, Donald L. Morgan
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
12 pages.
Changes In Altering Land Classifications And Blm Land Use Planning: The National Wildlife Federation V. Burford Case, Constance E. Brooks
Changes In Altering Land Classifications And Blm Land Use Planning: The National Wildlife Federation V. Burford Case, Constance E. Brooks
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
28 pages.
The Arctic National Wildlife Refuge: A Case Study In Reconciling Nationally Significant Wildlife Protection, Wilderness And Mineral Potential, Guy R. Martin
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
28 pages.
Contains 10-page chronology, 1867-1987.
Grizzly Bears, Politics And The Language Of Efficiency, Donald R. Snow
Grizzly Bears, Politics And The Language Of Efficiency, Donald R. Snow
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
13 pages.
Wolf Recovery In The Northern Rockies: Where Biology Meets Politics [Outline], Hank Fischer
Wolf Recovery In The Northern Rockies: Where Biology Meets Politics [Outline], Hank Fischer
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
7 pages.
Contains references.
The Gardener’S Ethic And Other Lessons From Forest Planning [Outline], Peter M. Emerson
The Gardener’S Ethic And Other Lessons From Forest Planning [Outline], Peter M. Emerson
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
4 pages.
Contains references.
Setting The Allowable Harvest On National Forests, A. Allen Dyer
Setting The Allowable Harvest On National Forests, A. Allen Dyer
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
11 pages (includes illustrations).
Contains references.
Progress And Problems In National Forest Planning, Jeff M. Sirmon
Progress And Problems In National Forest Planning, Jeff M. Sirmon
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
17 pages.
Planning As A Major Tool Of Public Land Management, John D. Leshy
Planning As A Major Tool Of Public Land Management, John D. Leshy
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
25 pages.
Public Land Management: Planning, Problems, And Opportunities, David C. Williams
Public Land Management: Planning, Problems, And Opportunities, David C. Williams
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
26 pages (includes illustrations).
Contains bibliography.
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.
Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.
Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …
Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess
Standards For Judicial Review Of Forest Plans: Will The Courts Not See The Forest For The Trees, Wells D. Burgess
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
50 pages.
Contains 2 attachments.
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Wetlands Protection: The 404 Program, Patrick A. Parenteau
Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)
13 pages.
Includes unsigned annotations by David Getches.