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Federalism, State Courts, And Section 1983, Gene R. Nichol Jr. Jan 1987

Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


1787: The Constitution In Perspective (Introduction), Gene R. Nichol Jr. Jan 1987

1787: The Constitution In Perspective (Introduction), Gene R. Nichol Jr.

Faculty Publications

No abstract provided.


Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol Jan 1987

Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol

Faculty Publications

No abstract provided.


The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer Jan 1987

The Search For Caring And Justice: The Social Functions Of Medicine And Law, Larry I. Palmer

Faculty Publications

No abstract provided.


Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins Jan 1987

Averting Government By Consent Decree: Constitutional Limits On The Enforcement Of Settlements With The Federal Government, Jeremy A. Rabkin, Neal Devins

Faculty Publications

No abstract provided.


The Idea Of The Constitution As Hard Law, William W. Van Alstyne Jan 1987

The Idea Of The Constitution As Hard Law, William W. Van Alstyne

Faculty Publications

No abstract provided.


Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne Jan 1987

Notes On A Bicentennial Constitution: Part Ii, Antinomial Choices And The Role Of The Supreme Court, William W. Van Alstyne

Faculty Publications

Continuing the examination of judicial review conducted around the Constitution’s bicentennial, this article lays bare the inconsistencies in the expected tasks of the Supreme Court. Where some roles of the Court have traditionally been treated as indivisible, examining those same roles separate from one another produces an incoherent view of the Court that is difficult to compromise.


Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne Jan 1987

Federalism, Congress, The States And The Tenth Amendment: Adrift In The Cellophane Sea, William W. Van Alstyne

Faculty Publications

Like Gaul, this essay is divided into three parts. The first two parts are adapted from a public address delivered at the Association of the Bar of the City of New York, as part of its Bicentennial series, in 1987. The third part was added later, originally as an Addendum Note. The general subject was introduced by the moderator, Mr. Robert MacCrate, President of the Amerian Bar Association, who put the following question: "Where does the federalism of the Constitution stand today?" Professor Martha Field of the Harvard Law School presented a paper in first response. This paper then followed, …


Has The First Amendment Arrived For Broadcasting?, Tom A. Collins Jan 1987

Has The First Amendment Arrived For Broadcasting?, Tom A. Collins

Faculty Publications

No abstract provided.


Is Discrimination Against Jews "Race Discrimination?", Neal Devins Jan 1987

Is Discrimination Against Jews "Race Discrimination?", Neal Devins

Faculty Publications

No abstract provided.


Regulation Of Government Agencies Through Limitation Riders, Neal Devins Jan 1987

Regulation Of Government Agencies Through Limitation Riders, Neal Devins

Faculty Publications

Congress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress's use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress's use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process.


Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins Jan 1987

Centralization In Education: Why Johnny Can't Spell Bureaucracy, Neal Devins

Faculty Publications

No abstract provided.


Congress As Indian-Giver: "Phasing-Out Tax" Allowances Under The Internal Revenue Code Of 1986, Glenn E. Coven Jan 1987

Congress As Indian-Giver: "Phasing-Out Tax" Allowances Under The Internal Revenue Code Of 1986, Glenn E. Coven

Faculty Publications

No abstract provided.


Subchapter S Distributions And Pseudo Distributions: Proposals For Revising The Defective Blend Of Entity And Conduit Concepts, Glenn E. Coven Jan 1987

Subchapter S Distributions And Pseudo Distributions: Proposals For Revising The Defective Blend Of Entity And Conduit Concepts, Glenn E. Coven

Faculty Publications

No abstract provided.


The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone Jan 1987

The Chernobyl Accident: A Case Study In International Law Regulating State Responsibility For Transboundary Nuclear Pollution, Linda A. Malone

Faculty Publications

No abstract provided.


Contingent Income Items And Cost Basis Corporate Acquisitions: Correlative Adjustments And Clearer Reflection Of Income, John W. Lee, Mark S. Bader Jan 1987

Contingent Income Items And Cost Basis Corporate Acquisitions: Correlative Adjustments And Clearer Reflection Of Income, John W. Lee, Mark S. Bader

Faculty Publications

No abstract provided.


Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel Jan 1987

Reforming The Tort Defamation: An Accomodation Of The Competing Interests Within The Current Constitutional Framework, Paul A. Lebel

Faculty Publications

No abstract provided.


Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein Jan 1987

Scholarly Reflections On The Court And The Constitution, Michael Ashley Stein

Faculty Publications

No abstract provided.


Ripeness And The Constitution, Gene R. Nichol Jan 1987

Ripeness And The Constitution, Gene R. Nichol

Faculty Publications

No abstract provided.


Federalism, State Courts, And Section 1983, Gene R. Nichol Jan 1987

Federalism, State Courts, And Section 1983, Gene R. Nichol

Faculty Publications

No abstract provided.


Isostatic Compensation And Conduit Structures Of Western Pacific Seamounts: Results Of Three-Dimensional Gravity Modeling, James N. Kellogg, Bruce S. Wedgeworth, Jeffrey T. Freymueller Jan 1987

Isostatic Compensation And Conduit Structures Of Western Pacific Seamounts: Results Of Three-Dimensional Gravity Modeling, James N. Kellogg, Bruce S. Wedgeworth, Jeffrey T. Freymueller

Faculty Publications

Detailed three-dimensional polygonal prism models of two large western Pacific seamounts show that the 135 mgal difference in the observed sea surface gravity over the two can be best explained by similar mean densities (2.6 gjcm3) and crustal thickening under one seamount (Airy isostatic compensation). Observed calculated residuals are further reduced by including dense (2.9 gjcm3) vertical feeder pipes or volcanic conduits in the models. Dense conduits or fracture zones 5 to 17 km in diameter are located under many, if not all, craters on volcanic islands and seamounts. Results from the detailed seamount studies can be generalized using exact …


Alfred Tarski And Undecidable Theories, George F. Mcnulty Dec 1986

Alfred Tarski And Undecidable Theories, George F. Mcnulty

Faculty Publications

No abstract provided.


The Good, The Bad, And The Press, Paul A. Lebel Dec 1986

The Good, The Bad, And The Press, Paul A. Lebel

Faculty Publications

No abstract provided.


The Separation Of Law And Morals, Noel B. Reynolds Nov 1986

The Separation Of Law And Morals, Noel B. Reynolds

Faculty Publications

The classic opposition of legal positivism and natural law theory resurfaces continually and reminds us that we have yet to resolve this key conflict in our ways of understanding the moral authority of law. The strengths and weaknesses of the two theories are reviewed—both have fatal flaws. Conventionalism is proposed as a means of finding internal standards in a man-made system of law. The naturally emerging standards for a conventionalist system of law turn out to be the already familiar principles of the rule of law.


Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen Oct 1986

Respect For Law & Man: The Tort Law Of Chief Justice Kenison, David G. Owen

Faculty Publications

No abstract provided.


The Federal Common Law Of Crime, Robert C. Palmer Oct 1986

The Federal Common Law Of Crime, Robert C. Palmer

Faculty Publications

No abstract provided.


Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr. Oct 1986

Effective Regulatory Reform Hinges On Motivating The "Street Level" Bureaucrats, Charles H. Koch Jr.

Faculty Publications

No abstract provided.


The Development Of Entrapment Law, Paul Marcus Oct 1986

The Development Of Entrapment Law, Paul Marcus

Faculty Publications

No abstract provided.


Modern Dogma And Liturgical Renewal, Patrick R. Keifert Aug 1986

Modern Dogma And Liturgical Renewal, Patrick R. Keifert

Faculty Publications

No abstract provided.


Criminal Law, Richard A. Williamson Jul 1986

Criminal Law, Richard A. Williamson

Faculty Publications

No abstract provided.