Digital Commons Network^™

Putting Indian Reservation Water Rights To Use, Richard B. Collins

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

10 pages.

Executive Order 12,333: Unleashing The Cia Violates The Leash Law, Sherri J. Conrad

Cornell Law Review

No abstract provided.

The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad

Dalhousie Law Journal

Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New …

Fdr’S Court-Packing Plan: A Second Life, A Second Death, William E. Leuchtenburg

Duke Law Journal

The story of Franklin D. Roosevelt's Court-packing plan is a twice-told tale. 1 Every history of America in the twentieth century recounts the familiar chronicle -- that in February of 1937, FDR, in response to a series of decisions striking down New Deal laws, asked Congress for authority to add as many as six Justices to the Supreme Court, only to be outwitted by the Court itself when Chief Justice Charles Evans Hughes demonstrated that Roosevelt's claim that the Court was not abreast of its docket was spurious; when the conservative Justice Willis Van Devanter retired, thereby giving the President …

American Prison As A Subculture, Dennis Clary

In the Public Interest

No abstract provided.

A Truce In The Takeover Wars?, Gary S. Lawson

Faculty Scholarship

To a casual observer, hostile corporate takeovers may seem as pointless and destructive a form of modern warfare as the Iran/Iraq conflict. "Raiders" strike with bear hugs, junk bonds, and two-tier tender offers. Incumbent managers respond with poison pills, greenmail payments, shark repellents, and golden parachutes. Congress is wearying of the strife, and may soon impose a cease-fire on the combatants -but to whose benefit?

Book Review Of The Second American Revolution, Neal Devins

Faculty Publications

No abstract provided.

The Origins Of Property In England, Robert C. Palmer

Faculty Publications

No abstract provided.

Recent Publication: Indian Land Rights, Robert T. Coulter, Steven M. Tullberg

Antioch Law Journal

Land rights have been the central issue in United States-Indian relations over the past hundred years, just as they were during the preceding century. The interplay of two elementary forces has largely determined the nature of relations between Indian nations and the United States. On one hand, Indian nations have fought tenaciously to maintain their land rights. Indian nations, communities and "tribes" have viewed and continue to view land as essential to their economic and cultural well-being, and thus to their continued political existence. Thus, control over their land is central to their survival as nations. On the other hand, …

Judicial Notice February 26th, 1985 V11 N6, The Catholic University Of America, Columbus School Of Law

Judicial Notice

No abstract provided.

Volume 57, Issue 18 (1984-85)

Obiter Dicta

No abstract provided.

Volume 57, Issue 17 (1984-85)

Obiter Dicta

No abstract provided.

U.S./Japanese Fishery Relations: Reflections On The Past And The Unsettled Future, Matthew Axel

Marine Affairs Theses and Major Papers

U.S.-Japan fisheries history spans over a half-century of controversy. A variety of developments have taken place over this period from past to present illustrating this point. This paper will present this subject in three parts, corresponding to the historical developments that have taken place. The saga begins with U.S. post-World War II aid in rebuilding the Japanese tuna, whaling and salmon fleets. Round two examines the rapid expansion of the Japanese utilization of Alaska pollock and the development of the surimi trawlers in the early 1960s. Finally, round three, which will encompass the majority of the subject matter discussed, begins …

Local Public Employees Right To Strike After County Sanitation District V. Los Angeles County Employees Association, Gregory Thomas Fain

McGeorge Law Review

No abstract provided.

The National Labor Relations Act At Fifty: Roots Revisited, Heart Rediscovered, Michael J. Heilman

Duquesne Law Review

1985 marks the fiftieth anniversary of the enactment of the National Labor Relations Act (The Wagner Act). The passage of time, however, seems to have shrouded the history of the NLRA and obscured the policies that it was enacted to serve. This comment explores the history and purposes of the NLRA. Through analysis of historical antecedents, contemporary events and legislative history, the author suggests that the NLRA was enacted to serve three primary purposes: to encourage economic recovery, to foster Industrial Peace and to establish Industrial Democracy. After discussing each of these purposes, the author concludes that they are as …

Torts - Federal Tort Claims Act - Feres Doctrine - Post-Discharge Failure To Warn Theory, Richard W. Kelly Jr.

Duquesne Law Review

The Third Circuit Court of Appeals has held that a Federal Tort Claims Act claim based on the government's post-discharge failure to warn a veteran of the hazards of radiation exposure is barred pursuant to the Supreme Court's holding in Feres v. United States.

Heilman v. United States, 731 F.2d 1104 (3d Cir. 1984).

The Interaction Of Public Legal Orders: Impacts Upon Each Other And Upon The Emerging Public Order Of Space, Harry H. Almond

Space Law Documents

The interaction of the public legal orders of states upon each other, and upon the emerging public legal order in outer space, and in general, has long been recognized "by civilized nations." The perspectives of this civilizing process as the perspective of law are critical, because law has always been identified as the assurance of protections it affords to peoples--or to states. This is the correct meaning of "equality before the law." It is also the reason why the concern with human rights goes to the essence of the legitimacy of any legal order. Moreover, the peoples of states, as …

An International Law Of Guerrilla Warfare: The Global Politics Of Law-Making, By Keith Suter, Howard S. Levie

Maryland Journal of International Law

No abstract provided.

Legal Problems Of Seabed Boundary Delimitation In The East China Sea, By Ying-Jeou Ma, With A Foreword By Louis B. Sohn, Choon-Ho Park

Maryland Journal of International Law

No abstract provided.

Peacetime Unilateral Remedies: An Analysis Of Countermeasures, By Elisabeth Zoller, George A. Lopez

Maryland Journal of International Law

No abstract provided.

Political And Strategic Issues In The Gulf, By Dr. Sayed Hassan Amin, Gary S. Samore

Maryland Journal of International Law

No abstract provided.

The People's Republic Of China, International Law And Arms Control, By David I. Salem, Shao-Chuan Leng

Maryland Journal of International Law

No abstract provided.

East Asia And The Law Of The Sea, By Choon-Ho Park, Lyou Byung Hwa

Maryland Journal of International Law

No abstract provided.

The Exclusive Economic Zone: A Latin American Perspective, Edited By Francisco Orrego Vicuña, Timothy Hudson

Maryland Journal of International Law

No abstract provided.

The International Law Of The Sea, By D. P. O'Connell, Edited By I. A. Shearer, Martin Ira Glassner

Maryland Journal of International Law

No abstract provided.

The Ussr, Eastern Europe And The Development Of The Law Of The Sea, Compiled, Translated And Edited By William E. Butler, Daniel J. Dzurek

Maryland Journal of International Law

No abstract provided.

Effective Dispute Resolution In United States-Japan Commercial Transactions Perspectives , Hoken S. Seki

Northwestern Journal of International Law & Business

This article seeks to acquaint the United States businessman and his legal counsel with the Japanese perspective, providing a greater level of understanding that would permit a more satisfying and effective conclusion to the dispute resolution process. The author's frequent visits to Japan, his years of representing Japanese individuals and corporations and his study of treatises by noted authorities, identified in the footnotes, are sources for the opinions and perspectives presented in this article. It is hoped that this article will be particularly useful in providing an over- view to those who have not had extensive previous contact with Japan, …

Does International Law Have A Future?, Adda B.W. Bozeman

NYLS Journal of International and Comparative Law

No abstract provided.

The Paquete Habana: A Case History In The Development Of International Law, Scott W. Stucky

University of Baltimore Law Review

In The Paquete Habana, decided in 1900, the United States Supreme Court adopted the doctrine that coastal fishing vessels are exempt from capture as prize of war. The Court held that the exemption was an established custom of international law, which—in the absence of a controlling executive or judicial decision—should be incorporated into the corpus of our common law. The Paquete Habana influenced the development of positive rules of international law that expanded the class of civilian vessels that are exempt from capture. Recently, the lower federal courts have begun to utilize The Paquete Habana as precedent for the incorporation …

Modernist Social Theory: Roberto Unger’S Passion, James Boyle

Faculty Scholarship

No abstract provided.