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Public Trust Protection For Stream Flows And Lake Levels, Ralph W. Johnson

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The public trust doctrine and the appropriative water rights system are headed on a collision course in the West. Appropriators claim vested property rights to extract water for irrigation, mining, manufacturing and other uses. They further assert that under the appropriation doctrine such extractions can continue in perpetuity regardless of the consequences to navigation, fishery and other public values. The public, however, increasingly insists on more protection for environmental and ecological values, aesthetic quality and recreational opportunities, which on lakes and streams usually means leaving waters in place. As a result, the courts are being asked to apply legal doctrines …

Solar Access And Property Rights: Reply To A Maverick Analysis, Dale Goble

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No abstract provided.

Guardians Of The Constitution, Gerhard Casper

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No abstract provided.

The Patentability Of Living Microorganisms: Diamond V. Chakrabarty, Daniel H. Foote

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Microbiologists have made great advances in modifying gene structures to create new forms of life. In Diamond v. Chakrabarty, the Supreme Court addressed for the first time the patentability of a living microorganism. In a 5-4 decision that has been condemned as heralding the advent of Aldous Huxley's Brave New World, the Court held that the living nature of a microorganism is no bar to patenting it.

Benefits, Costs, And Risks: Oversight Of Health And Environmental Decisionmaking, William H. Rodgers, Jr.

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This article considers problems of "regulatory reform" in the context of environmental and health decisionmaking. Specifically, in Part I, this article defines cost-benefit analysis, explores its advantages and limitations, and assays cost-benefit practice in light of descriptive theoretical and practical demands of formal decisionmaking within administrative agencies.

The two remaining sections of this article focus on the question of how Congress and the courts can, do, and should structure environmental and health regulation. In Part II, the article explores legislative models for agency consideration of costs and benefits in promulgating regulations. It examines four alternative models, and identifies normative considerations …

Harbor Lines And The Public Trust Doctrine In Washington Navigable Waters, Ralph W. Johnson, Eileen M. Cooney

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Since 1971 the Shoreline Management Act (SMA) has been the dominant legal tool for managing the Washington coastal zone. However, use of state-owned beds of navigable fresh and salt waters below low tide or the low-water line is still controlled largely by the harbor line system established in the 1889 state constitution. Almost no attention has been paid to the harbor line system in the legal literature, or to its relationship to the other laws concerned with coastal zone management. This article briefly analyzes the relationship of the harbor line system to the SMA, to the various federal laws concerned …

Possession As The Root Of Title, Richard A. Epstein

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No abstract provided.

Some Uses And Abuses Of Economics In Law, Richard A. Posner

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No abstract provided.

The Mobile-Source Provisions Of The Clean Air Act, David P. Currie

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No abstract provided.

Ruminations On The Quality Of Equality, Philip B. Kurland

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No abstract provided.

Judging Foreign Judges Badly: Nose Counting Isn't Enough, John H. Langbein

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No abstract provided.

Primary Line Injury Under The Robinson-Patman Act: The Development Of Standards And Erosion Of Enforcement, Daniel J. Gifford

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In the past it has been a most common practice of great and powerful combinations engaged in commerce-notably the Standard Oil Co., and the American Tobacco Co., and others of less notoriety, but of great in-fluence-to lower prices of their commodities, oftentimes below the cost of production in certain communities and sections where they had competition, with the intent to destroy and make unprofitable the busi-ness of their competitors, and with the ultimate purpose in view of thereby acquiring a monopoly in the particular locality or section in which the discriminating price is made. Every concern that engages in this …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part Vi: The Auerbach Years -- A Time Of Building, Controversy And Frustration, Robert Stein

Articles

When William B. Lockhart resigned from the deanship of the University of Minnesota Law School in June 1972, a productive sixteen-year tenure came to an end. Guided in the early years by the recommendations of the 1955 Law School Self-Survey, Lockhart and his faculty achieved significant success in improving the school's relationship with the bar, in revitalizing the educational program, in improving the quality of the student body, and in maintaining the quality of the faculty. In the later years of his tenure, the law school successfully responded, under Lockhart's leadership, to a variety of challenges presented in the turbulence …

In Pursuit Of Excellence -- A History Of The University Of Minnesota Law School, Part V: The Lockhart Years -- A Time Of Achievement And Challenge, Robert Stein

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Following the long and successful administration of Dean Everett Fraser (1920-1948), the University of Minnesota Law School's fourth dean, Maynard E. Pirsig (1948-1955), presided over seven transitional years at the school. With a talent for attracting young faculty members of extraordinary quality, he did much to enhance the school's tradition of excellence. But, at the same time, his administration suffered from the tensions incident to a changing relationship between the faculty and the dean. In 1955, a faculty-drawn self-survey provided the impetus for a statement of a new division of responsibility between dean and faculty, which clearly articulated both the …

Our Salty Rivers: Legal And Institutional Approaches To Salinity Management, Ralph W. Johnson

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The salinity problem in United States rivers becomes worse each year, and no water law system to date has been developed that adequately addresses salinity management. Professor Johnson discusses the salinity problem and its scope as well as remedial and preventative measures that have been taken in the past. He suggests combating the salinity problem by use of systems analysis, i.e., a comprehensive basinwide or regional management plan that analyzes the entire hydrological, economic, political, and agricultural system.

Privacy, Property Rights, And Misrepresentations, Richard A. Epstein

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No abstract provided.

Information And Antitrust: Reflections On The Gypsum And Engineers Decisions, Richard A. Posner

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A persistent and troublesome question of antitrust policy concerns the proper treatment of practices and behavior related to the provision of information to buyers and sellers. The dissemination of pricing information may be evidence offixing, or it may simply be an efficient market-equilibrating mechanism. In this article, Professor Posner discusses two recent Supreme Court decisions that have addressed this problem and then engages in a general analysis of the problem of information and antitrust. Professor Posner concludes that an exchange of information should be considered lawful without regard to market structure or other factors. When appropriate, however, the trier offact …

Coordination Of Workers' Compensation Benefits With Tort Damage Awards, Richard A. Epstein

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No abstract provided.

Bakke's Wake, Philip B. Kurland

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No abstract provided.

Products Liability: The Search For The Middle Ground, Richard A. Epstein

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No abstract provided.

Algorithms For The Solution Of Systems Of Coupled Second-Order Ordinary Differential Equations, Brendan O'Shea

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Several step-by-step methods for the computer solution systems of coupled second-order ordinary differential equations, are examined from the point of view of efficiency “time-wise” and “storage-wise”. Particular reference is made to a system arising in the close-coupling approximation of the Schroedinger equation. The stability of the solution is also considered.

Lawyers In Colombia: Perspectives On The Organization And Allocation Of Legal Services, Dennis O. Lynch

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No abstract provided.

Judicial Review Of Labor Arbitration Awards: A Second Look At Enterprise Wheel And Its Progeny, Theodore J. St. Antoine

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Logic, so the cliche goes, is not the life of the law. But logic is very much like the DNA of the law-the structural principle without which all is sprawl and muddle. In the last ten years a controversy has raged over the role of the labor arbitrator in issuing awards, and the role of the courts in reviewing and enforcing those awards. This controversy has largely taken the form of a continuing debate among scholars and practicing arbitrators at the annual meetings of the National Academy of Arbitrators. With due respect to the thoughtful and experienced persons who have …

Video Detection And Tracking Of Tracer Particles In A Model Packed-Bed Reactor, Jerry Stephenson, James Wiedenhoeft, James Vallino

Articles

A video detection and tracking system was devised to track and record the position versus time of tracer particles moving through a transparent medium. The system was applied to studying the flow-related transport phenomena at all points within packed-bed reactors since the previously proposed mathematical models for describing them have not been proven adequate throughout the entire packed-bed. A modified TV camera was used to obtain a video presentation of the motion of a highly reflective particle in an otherwise transparent bed. A microcomputer was then used to process the video signal, using the vertical and horizontal sync pulses as …

Solar Rights: Guaranteeing A Place In The Sun, Dale Goble

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No abstract provided.

The Right Of Privacy, Richard A. Posner

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No abstract provided.

The Sun's Wind, Alexei Leonov

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This book is on display here for educational purposes only.

Unless stated otherwise within this repository collection, all materials are shared under the following Creative Commons license: [Creative Commons Attribution-NonCommercial 4.0 International License].

Written and illustrated in 1977 by Soviet cosmonaut Alexei Leonov.
Published by Progress Publishers in Moscow

God, Galileo, And Government: Toward Constitutional Protection For Scientific Inquiry, Richard Delgado, David R. Millen

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Examines the applicability of existing constitutional law to state action that prohibits or burdens or declines to fund scientific research merely because the state considers the area inappropriate Posits that governmental decisions to limit scientific inquiry implicate constitutional values by virtue of the connection between science and knowledge

Federal Venue: Locating The Place Where The Claim Arose, Diane P. Wood

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No abstract provided.

State Taxation Of Interstate Business And The Supreme Court, 1974 Term: Standard Pressed Steel And Colonial Pipeline, Walter Hellerstein

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No abstract provided.