Digital Commons Network^™

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

Publish And Perish: The English Law Of Contempt

NYLS Journal of International and Comparative Law

No abstract provided.

The Minnesota Supreme Court: 1980, Minn. L. Rev. Editorial Board

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Juvenile Court Legislative Reform And The Serious Young Offender: Dismantling The Rehabilitative Ideal, Barry C. Feld

Minnesota Law Review, Vols. 1-106:1 (1917-2021)

No abstract provided.

Canadian Procedural Law In Aviation Litigation, Eric M. Lane, D. Bruce Garrow

Journal of Air Law and Commerce

No abstract provided.

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Valparaiso University Law Review

No abstract provided.

Aviation Accident Investigation: Functional And Legal Perspectives, C. O. Miller

Journal of Air Law and Commerce

No abstract provided.

State Regulation Of Social Services Ministries Of Religious Organizations, Carl H. Esbeck

Faculty Publications

Religiously motivated civil disobedience in the area of social and human services ministries of religious organizations has become increasingly widespread. With growing governmental involvement in the lives of citizens and moves by federal and state agencies to narrowly confine and define religious activities, it comes as no surprise that conflict over the proper role of the state has crept as well into the arena of social and human services conducted from religious motivation. The current litigation and legislation is principally focused on state regulation by certification or licensing requirements that are expanding from health, fire, and safety concerns into the …

The Discretionary Function Exception And The Suits In Admiralty Act: A Safe Harbor For Negligence?, Kathryn C. Nielsen

Seattle University Law Review

This comment will focus on the different circuits' responses to the issue of whether the SIA should be read in light of the discretionary function exception.

Inverse Condemnation And The Alchemist's Lesson: You Can't Turn Regulations Into Gold, Susan Bayerd

Santa Clara Law Review

No abstract provided.

A Chance To Be Heard: An Application Of Bellotti V. Baird To The Civil Commitment Of Minors, Katharine A. Butler

UC Law Journal

No abstract provided.

American Influence On Israel's Jurisprudence Of Free Speech, Pnina Lahav

UC Law Constitutional Quarterly

No abstract provided.

An Exception To The Exceptions: The Subsequent Repair Rule In Montana, Mary E. Harney

Montana Law Review

Subsequent Repair Rule

Horse Racing And The Law: A Legislative Proposal To Harness Race-Fixing, Bradley S. Telias

Fordham Urban Law Journal

This article, written at a time when horse-racing was experiencing a wave of corruption and race-fixing, first examines the relevant court decisions involving license suspensions in horse racing. An evaluation of the corruption present in both the harness and thoroughbred racing industries is set forth in Part III. Finally, the article proposes legislative amendments to the relevant statutory provisions, designed to stem the tide of thorough-bred corruption and help restore the public's confidence in the sport.

Nuclear Accidents: Judicial Review Of The Nrc's Duty To Issue A Health Warning, Valerie Acerra

Fordham Urban Law Journal

This article focuses on the increasing effects of carcinogens and toxins into the environment on the public health, particularly the hazards of radiation. Utilizing the Three Mile Island nuclear power accident as a case study, it examines the theoretical battles over nuclear power production. It analyzes whether residents living near the Three Mile Island facility were entitled to a health warning due to the radiation emitted by the accident. The article proposes that the Nuclear Regulatory Commission should be the body that issues such a warning, and examines whether the issuance of a health warning is a nondiscretionary duty of …

Federal Financing Of Urban Economic Development, S. William Green, Nancy W. Hunt

Fordham Urban Law Journal

Green and Hunt address the issue of whether the federal government should focus on "solving the nation's macroeconomic problems" with the hope that it will encourage local economic activity, or focus directly on "localities that are in social, economic or fiscal distress." They discuss and highlight the shortcomings of past federal initiatives to aid declining urban areas such as Hoover's Reconstruction Finance Corporation, the Housing Act of 1954, the Urban Development Action Grant program, the Community Development Block Grant, the Area Redevelopment Act, the Public Works and Economic Development Act of 1965 and the Reagan Administrations Kemp-Garcia plan. Green and …

Enforcement Of Age Discrimination In Employment Legislation, Carl E. B. Mckenry

UC Law Journal

No abstract provided.

Age Discrimination In Employment And The Permissibility Of Occupation Age Restrictions, Marc Rosenblum

UC Law Journal

No abstract provided.

The Constitutionality Of Business Regulation In The Burger Court: Revival And Restraint, Scott M. Reznick

UC Law Journal

Historically, the Supreme Court has followed one or another extreme view of the constitutionality of business regulation. This Article categorizes and reviews the Burger Court's significant business regulation decisions according to an analysis of the market economy functions served by the regulation in question. The Article demonstrates that the Burger Court, unlike its predecessors, has employed several standards of review. The Article concludes that the Burger Court has developed a manageable and relatively consistent analytical methodology, rooted in prevailing political economic values, to establish its view of the constitutional relationship between private property and the public welfare.

Civil Liberties And Criminal Code Reform, John H.F. Shattuck, David E. Landau

Journal of Criminal Law and Criminology

No abstract provided.

Reality And Hope In International Human Rights: A Critique, Rosalyn Higgins

Hofstra Law Review

No abstract provided.

Expunging Criminal Records: Concealment And Dishonesty In An Open Society, Marc A. Franklin, Diane Johnsen

Hofstra Law Review

No abstract provided.

Contempt Of Court As An Alternative To The Exclusionary Rule, Thomas J. Kinasz

Journal of Criminal Law and Criminology

No abstract provided.

Shootings Of And By Chicago Police: Uncommon Crises--Part I: Shootings By Chicago Police, William A. Geller, Kevin J. Karales

Journal of Criminal Law and Criminology

No abstract provided.

Treatment Rhetoric Versus Waiver Decisions, Lloyd Braithwaite, Allen Shore

Journal of Criminal Law and Criminology

No abstract provided.

State Taxation Of Natural Resource Extraction And The Commerce Clause: Federalism's Modern Frontier, Michael B. Browde, Charles T. Dumars

Faculty Scholarship

The formalistic delineation of the commerce clause in the pre-New Deal era gave way to the modern balancing approach largely because the earlier formalism did not adequately resolve the more difficult commerce clause questions created by the growing complexities of modern society. The irrelevance of the Heisler severance-precedes-commerce analysis to the modern problems that surround our national energy policy is a classic example of the failure of the old devices. Issues that were well settled on the legitimate-state-control side of the ledger in the 1920's have shifted to the national-interest side of the ledger today. As energy development assumes greater …

Alumni Newsletter - Issue No. 11, University Of Maine School Of Law

Maine Law Magazine

Highlights:

• Dan Wathen, ’65 Elevated to Maine’s Supreme Court
• Dean’s Column
• Alumni in the News
• Faculty Notes
• Alumni Weekend 1981

Retaliatory Eviction And Periodic Tenants In Washington, Phillip Raymond

Seattle University Law Review

This comment evaluates the availability of the retaliatory eviction defense to periodic tenants in Washington State in light of a recent appellate court decision, Stephanus v. Anderson, denying periodic tenants the defense where the statutorily required twenty day termination notice is provided. An analysis of the basic policies underlying the Act, to ensure safe, sanitary housing conditions and to prohibit landlords' retaliatory actions against tenants exercising their rights to attain decent housing conditions, indicates periodic tenants be allowed to assert the retaliatory eviction defense. Additionally, the language of the retaliatory action provision of the statute supports an interpretation granting …

Collective Bargaining For Farmworkers - Should There Be Federal Legislation, Herman M. Levy

Santa Clara Law Review

No abstract provided.

Public Access And The California Coastal Commission: A Question Of Overreaching, Kevin A. Johnson

Santa Clara Law Review

No abstract provided.