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Caging Lyons: The Availability Of Injunctive Relief In Section 1983 Actions, Linda E. Fisher

Loyola University Chicago Law Journal

No abstract provided.

The Constitutionality Of Medical Malpractice Legislative Reform: A National Survey, Larry Stephen Milner M.D., J.D.

Loyola University Chicago Law Journal

No abstract provided.

Comments: Blasting The Cap: Constitutional Issues Arising From Maryland's Limitation Of Noneconomic Damages In Personal Injury Claims, James R. Andersen

University of Baltimore Law Review

A topic of fervent debate in recent years has been the growing crisis in personal injury liability insurance, particularly in the area of medical malpractice. Insurers, doctors, and lawyers have presented differing theories as to the cause and solution of the problem. In 1986, the Maryland General Assembly sought to resolve the crisis by limiting the amount recoverable for noneconomic damages in a personal injury action to $350,000. Similar provisions in other states have been struck down as unconstitutional. This comment examines the constitutionality of Maryland's noneconomic damages limitation and argues that the damage limitation violates both the state and …

Constitutional Limitations On Tort Reform: Have The State Courts Placed Insurmountable Obstacles In The Path Of Legislative Responses To The Perceived Liability Insurance Crisis, Richard C. Turkington

Villanova Law Review (1956 - )

No abstract provided.

Land Exaction: A Selective Bibliography, Mary Ann Nelson

Law and Contemporary Problems

No abstract provided.

Justice Scalia: Standing, Environmental Law And The Supreme Court, Michael A. Perino

Faculty Publications

President Reagan's appointment of Antonin Scalia to the United States Supreme Court raises concern among liberals that Justice Scalia will help lead the Court away from a number of liberal positions toward a new conservatism. The Reagan Administration's requirement that judicial appointments advance the Administration's preference for judicial restraint and strict constructionism enhances this concern. These new executive requirements mean that federal courts should accord greater authority to the democratically elected branches of the government. Justice Scalia's primary areas of study, administrative law and separation of powers, reflect his adherence to judicial self-restraint.

One aspect of administrative law and separation …

Tort Reform - Limitation On Recovery - The Constitutionality Of Section 3333.2 Of California's Medical Compensation Reform Act - Fein V. Permanente Medical Group, Candace Lynnette Hall

MC Law Review

Notes

Statements On Introduced Bills And Joint Resolutions [The Congressional Record, Senate Vol. 132, February 25, 1986, S1561-S1564], John Chafee

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Presenter: Robert F. Hurley, Administrative Assistant to Senator John H. Chafee.

5 pages.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

Citizens Action Coalition Of Indiana, Inc. V. Northern Indiana Public Service Company. Should Utility Consumers Pay Now Or Pay Later?

Washington and Lee Law Review

No abstract provided.

Economic Impact Studies And Negative Declarations By The Illinois Department Of Energy And Natural Resources In Rulemaking Proceedings Before The Illinois Pollution Control Board, Michael P. Hurst

Chicago-Kent Law Review

No abstract provided.

Effective Implementation Of The Surface Mining Act: Give States A Chance, Daniel R. Gerkin

West Virginia Law Review

No abstract provided.

American Cetacean Society V. Baldrige: A Blow Is Dealt To Executive Agreements, David M. Bassham

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Tales Of The Donkey-A New Future For The Democratic Party, Bruce Ledewitz

Ledewitz Papers

Paper submitted to the Outreach Program of the Democratic Policy Commission to "identify emerging ideas and policy innovations among Democratic constituency groups, academics, policy experts and public officials." (Appendix D, p. 71) All papers were then reviewed by a group of volunteer policy specialists and their abstracts were subsequently "published and distributed at the appropriate Regional Round tables. All papers submitted were thereby made available to commission members and to other interested parties" (Id.). "Tales of the Donkey - A New Future for the Democratic Party" was submitted to the Democratic Policy Commission on Cross -Cutting Issues Affecting the Democratic …

Thinking About Federal Jurisdiction — Of Serpents And Swallows, Thomas E. Baker

Faculty Publications

In this essay, Professor Baker assumes that the decision to get into or stay in federal court has been made, for whatever reason. His concentration is focused on providing a checklist of some of the typical challenges to jurisdiction and to highlight some uncommon responses. Organizationally, he first considers general issues which apply to all cases, and then considers separately some issues in diversity cases and in federal question cases.

Thinking About Federal Jurisdiction - Of Serpents And Swallows., Thomas E. Baker

St. Mary's Law Journal

Abstract Forthcoming.

The T.C. Williams School Of Law Newsletter: Winter 1986

Richmond Law Magazine

Features:

Dean's Farewell

Dr. Samuel Banks Becomes 6th President

James A. Westbrook To Be Second Allen Chair Professor

William Ruckelshaus Keynote Speaker At Environmental Symposium

The Future Of The National Parks: Recreating The Alliance Between Commerce And Conservation, Robin W. Winks, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

23 p. ; 28 cm

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

For more than a half-century, the Federal Energy Regulatory Commission (FERC or Commission) and its predecessor, the Federal Power Commission (FPC), regulated hydroelectric development of the nation's rivers under the Federal Power Act (FPA) with little interference by Congress.' However, increasing criticism of the FERC has reawakened congressional interest in hydropower regulation.2 Congress recently considered a number of proposals to amend the FPA.8 Of these, seven related directly to a controversy born in the 1970s between public and private power:4 the issue of preference in competitive FERC relicensing proceedings.

Section 7(a) of the Federal Power Act directs the FERC to …

The Federal Power Act's Controversial Municipal Preference: The Merwin Dam Dispute And Legislative Proposals To Amend Federal Hydro-Licensing Procedures, Daniel H. Cole

Articles by Maurer Faculty

No abstract provided.

Representing The Arkansas Timber Owner In Timber Sale Transactions: Some Contract Drafting Considerations, Christopher R. Kelley

University of Arkansas at Little Rock Law Review

No abstract provided.

Allen V. Wright: Standing Beyond The Bounds Of Article Iii, Teresa Wynn Roseborough

North Carolina Law Review

No abstract provided.

Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

51 pages.

Contains references.

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

History Of The Union Water Company, Susie Van Kirk

Susie Van Kirk Papers

The Arcata Volunteer Fire Department was organized on January 24 1884 in response to a growing awareness that the pump-and-bucket operation on the town's Plaza was inadequate to protect the business district. A necessary part of that new department, of course, was a dependable water system; the organization of the Union Water Co. took place in December 1883. This report covers the establishment and history of the Union Water Company.

Cancelled Utility And Traditional Ratemaking Theories: Are Either Used And Useful, Phillip L. Poirier Jr.

San Diego Law Review

This Comment reviews and analyzes recent regulatory proceedings and decisions on cancelled plant losses and the means by which regulatory agencies have attempted to apply traditional ratemaking theories to allocate the losses between ratepayers and shareholders. The author provides a background on the investor owned electric utility industry and its regulatory aspects, as well as some of the ratemaking theories. The author concludes by providing recommendations for improving the application of traditional ratemaking theories to cancelled plant losses.

The Constitutionality Of Statutes Of Repose: Federalism Reigns, Josephine H. Hicks

Vanderbilt Law Review

The development of common-law tort liability, especially since the late 1950s and early 1960s, has broken many of the barriers to plaintiff recovery. The abrogation of the privity requirement, the evolution of the discovery rule, and the advent of strict liability were primary agents in this "assault upon the citadel."' These developments have threatened many potential tort defendants, particularly members of the manufacturing and construction industries and the medical profession. In response to lobbying pressure from these groups, many state legislatures have adopted measures to limit tort recoveries. One of the measures most popular among defendants has been the enactment …

State Commission Treatment Of Nuclear Plant Cancellation Costs, Paul Rodgers, Charles D. Gray

Hofstra Law Review

No abstract provided.

The Historical Origins And Economic Structures Of Workers' Compensation Law, Richard A. Epstein

Articles

No abstract provided.

Reviewing Agency Inaction After Heckler V. Chaney, Cass R. Sunstein

Articles

No abstract provided.