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Articles 1771 - 1800 of 1918
Full-Text Articles in Entire DC Network
Justiciability And The Limits Of Presidential Foreign Policy Power, Paul Hubschman Aloe
Justiciability And The Limits Of Presidential Foreign Policy Power, Paul Hubschman Aloe
Hofstra Law Review
No abstract provided.
Head Shops - Legitimate Governmental Interest In Regulating The Sale Of Drug Paraphernalia Receives Judicial Recognition, James A. Atkins
Head Shops - Legitimate Governmental Interest In Regulating The Sale Of Drug Paraphernalia Receives Judicial Recognition, James A. Atkins
Campbell Law Review
For the first time, the Supreme Court, in Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., rendered an opinion concerning the validity of a regulatory drug paraphernalia law, which was challenged as being impermissibly vague and overbroad. In Hoffman, a unanimous Court upheld the ruling of the District Court for the Northern District of Illinois and reversed the United States Court of Appeals for the Seventh Circuit. The court of appeals held that a municipal ordinance requiring businesses within the municipality to obtain a license if they sold any items "designed or marketed for use with illegal cannabis or …
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Standing After Havens Realty: A Critique And An Alternative Framework For Analysis, Paul A. Lebel
Faculty Publications
No abstract provided.
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Hofstra Law Review
No abstract provided.
Constitutionality Of Florida's Statute Limiting Tort Recovery Against A Municipality: Cauley V. City Of Jacksonville, Mary Ava Bobko
Constitutionality Of Florida's Statute Limiting Tort Recovery Against A Municipality: Cauley V. City Of Jacksonville, Mary Ava Bobko
Nova Law Review
In Cauley v. City of Jacksonville' the Supreme Court of Florida
recently faced a constitutional challenge to monetary limitations placed
on tort recovery against a municipality.
In Brief Rejoinder, Arthur S. Miller
In Brief Rejoinder, Arthur S. Miller
Nova Law Review
The editors of the Nova Law Journal have invited me to comment
upon the responses that were received to my preliminary foray into the
applicability of constitutional norms to nuclear weapons. I am happy to
do so
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Establishment Clause Standing: The Not Very Revolutionary Decision At Valley Forge, William P. Marshall, Maripat Flood
Faculty Publications
No abstract provided.
Velde V. National Black Police Association, Inc., Lewis F. Powell Jr.
Velde V. National Black Police Association, Inc., Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Valley Forge Christian College V. Americans United For Separation Of Church And State, Inc., Lewis Powell Jr.
Supreme Court Case Files
No abstract provided.
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
The Courts And The 1980 Census Challenges: Tailoring Rights To Fit Remedies, David B. Tachau
University of Michigan Journal of Law Reform
This Note thus presents a vivid illustration of how the recognition of legal rights sometimes may depend wholly upon the efficacy of awarding relief. Parts I and II survey the 1980 census challenges and explore whether the 1980 litigants presented sound grievances. Part III argues that the 1980 census challengers may have failed because the reviewing courts could envision no feasible remedies for their injuries, and not because the challengers presented flawed legal and constitutional arguments. Finally, part IV criticizes the courts for dismissing the census challenges without confronting or acknowledging the gravity of the constitutional injuries threatened by census …
Waste Not, Want Not: The Role Of The State In Nuclear Waste Facility Siting, Daryl H. Owen
Waste Not, Want Not: The Role Of The State In Nuclear Waste Facility Siting, Daryl H. Owen
Louisiana Law Review
No abstract provided.
The Decline Of The Environmental Mandate: Stryckers' Bay - A Modern West Side Story, John Milkovich
The Decline Of The Environmental Mandate: Stryckers' Bay - A Modern West Side Story, John Milkovich
Louisiana Law Review
No abstract provided.
Constitutional Law, Belton T. Zeigler
The Private Attorney General In California - An Evolution Of The Species, Jeff Thomas
The Private Attorney General In California - An Evolution Of The Species, Jeff Thomas
San Diego Law Review
This Comment examines the California Supreme Court's holding in Serrano v. Priest, ordering payment of attorneys' fees to plaintiffs who vindicate important public policies and confer benefits on the public and the development of California Code of Civil Procedure section 1021.5, which codified this holding. The author further examines how Section 1021.5 has been applied over the last three years. The author analyzes the policy behind the private attorney general fee award and attempts to define "important public policy", "substantial benefits", "disproportionate burden", and "enforcements" as they are used in this section. The author further addresses several unresolved policy issues …
Nuclear Waste--The Case For Confidence In Disposal, Omer F. Brown Ii
Nuclear Waste--The Case For Confidence In Disposal, Omer F. Brown Ii
South Carolina Law Review
No abstract provided.
Executive Power Under The Hostage Act: New Life For An Old Law, Gordon H. Piper
Executive Power Under The Hostage Act: New Life For An Old Law, Gordon H. Piper
Cornell International Law Journal
No abstract provided.
Agency Responses To Executive Order 12,114: A Comparison And Implications, Therese M. Welsh
Agency Responses To Executive Order 12,114: A Comparison And Implications, Therese M. Welsh
Cornell International Law Journal
No abstract provided.
Federal Preemption: State Law Principles Of Strict Liability In A Nuclear Accident — A Preemption Problem In Light Of The Price-Anderson Act, John P. Napoli
Federal Preemption: State Law Principles Of Strict Liability In A Nuclear Accident — A Preemption Problem In Light Of The Price-Anderson Act, John P. Napoli
University of Dayton Law Review
Silkwood v. Kerr-McGee Corp., 485 F. Supp. 566 (W.D. Okla. 1979)
In the event of a major nuclear accident, Congress has imposed a form of strict liability on the nuclear industry through the Price- Anderson Act. The Act provides for a waiver of state and common law defenses in the event of an “extraordinary nuclear occurrence” by federally licensed nuclear facilities. Thus the Act proscribes federal strict liability upon the nuclear industry for injuries caused by an extraordinary incident.
If, however, the nuclear accident is less than an extraordinary nuclear occurrence, an accident often referred to as “subthreshold,” a question …
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
The Uncertain Nature Of Federal Jurisdiction, Martha A. Field
William & Mary Law Review
No abstract provided.
Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley
Abolishing The "Extraordinary Nuclear Occurrence" Threshold Of The Price-Anderson Act, Dean R. Tousley
University of Michigan Journal of Law Reform
This article critically examines the extraordinary nuclear occurrence threshold in light of its congressional purpose. Part I surveys the Price-Anderson Act's nuclear liability scheme. Part II focuses on the extraordinary nuclear occurrence threshold, scrutinizing its content and its application to the Three Mile Island accident. Part III discusses the need for reform of the nuclear liability waiver of defenses scheme, concluding that the threshold should be abolished.
The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis
The Zone Of Interests Component Of The Federal Standing Rules: Alive And Well After All, Robert H. Marquis
University of Arkansas at Little Rock Law Review
No abstract provided.
R. E. Kearney Review Of Regionalization Of The Law Of The Sea Edited By Douglas M. Johnston, R E. Kearney
R. E. Kearney Review Of Regionalization Of The Law Of The Sea Edited By Douglas M. Johnston, R E. Kearney
Pacific Studies
No abstract provided.
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
The Historical Origins And Economic Structure Of Workers' Compensation Law, Richard A. Epstein
Articles
No abstract provided.
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
The Price-Anderson Act: A Constitutional Meltdown Of Tort Liability, Berndt Ingo Brauer
UC Law Constitutional Quarterly
No abstract provided.
Justiciability And Foreign Affairs--The Treaty Termination Power, William Jay Powell
Justiciability And Foreign Affairs--The Treaty Termination Power, William Jay Powell
Missouri Law Review
No abstract provided.
The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser
The Effect Of Geothermal Classification On The Use And Development Of Water: Conflicts Between State And Federal Laws, William C. Dresser
UC Law Journal
The classification of byproduct water is a significant legal problem presented by the development of geothermal power as an energy source. This Comment examines these classifications and discusses the conflicts in the ownership and use of geothermal byproduct water that arise from these classifications. To further the development of geothermal power and to protect the needs of the states, the Comment proposes that state law, rather than federal, govern the use and ownership of geothermal byproduct water.
Probable Future Projects: Their Role In Environmental Assessments Under The California Environmental Quality Act, Jean Y. Eastman
Probable Future Projects: Their Role In Environmental Assessments Under The California Environmental Quality Act, Jean Y. Eastman
Santa Clara Law Review
No abstract provided.
Acid Precipitation In North America: The Case For Transboundary Cooperation, Douglas M. Johnston, Peter Finkle
Acid Precipitation In North America: The Case For Transboundary Cooperation, Douglas M. Johnston, Peter Finkle
Vanderbilt Journal of Transnational Law
Long-range air pollution has emerged as a serious environmental problem in Europe and North America since the early 1950s. The most critical aspect of this problem is the movement over very long distances of airborne pollutants which eventually are deposited in harmful acid compounds. These pollutants originate in a multiplicity of stationary and mobile emission sources. Because the original pollutants undergo chemical changes during the atmospheric transport, the pollutants which ultimately cause damage are chemically different from the original emissions. Moreover, the pollutants, which are usually deposited in the form of rain or snow, cause harm only in special physical …
Rostker V. Goldberg, Lewis F. Powell Jr.
Rostker V. Goldberg, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.