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Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne Apr 1983

Interpreting This Constitution: The Unhelpful Contributions Of Special Theories Of Judicial Review, William W. Van Alstyne

Faculty Publications

This paper examines several different theories surrounding judicial review and finds many of these theories lacking. Modern trends of literal interpretations and precise language have removed the optimistic nature of Constitutional language and is largely responsible for the hesitancy of other nations to adopt a supreme constitution.


A Study Of Polynuclear Aromatic Hydrocarbons On An Amino Bonded Phase Liquid Chromatographic Column In The Normal And Reversed Phase, Dori Karlesky, Dennis C. Shelly, Isiah M. Warner Mar 1983

A Study Of Polynuclear Aromatic Hydrocarbons On An Amino Bonded Phase Liquid Chromatographic Column In The Normal And Reversed Phase, Dori Karlesky, Dennis C. Shelly, Isiah M. Warner

Faculty Publications

Experiments were run using an n-propyl amine polar bonded phase (Chromosorb LC-9) liquid chromatographic column in both the normal and reversed phase mode. Results confirm that the mechanism of separation in the normal phase is due mainly to a charge transfer interaction between the lone pair electrons on the stationary phase nitrogen and the π electron cloud of the solute PNAs. Elution order seems to depend upon a combination of π energy, and type of ring condensation of the solute. Plots of log I versus number of aromatic carbons for catacondensed PNAs suggest that while the specific interaction is different …


The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger Mar 1983

The Merchant Of Section 2-314: Who Needs Him?, Ingrid Michelsen Hillinger

Faculty Publications

No abstract provided.


Ours Once More: Folklore, Ideology, And The Making Of Modern Greece, By Michael Herzfeld, Gerasimos Augustinos Feb 1983

Ours Once More: Folklore, Ideology, And The Making Of Modern Greece, By Michael Herzfeld, Gerasimos Augustinos

Faculty Publications

Reviews the book Ours Once More: Folkore, Ideology, and the Making of Modern Greece, by Michael Herzfeld.


Dam Federal Jurisdiction!, Thomas E. Baker Jan 1983

Dam Federal Jurisdiction!, Thomas E. Baker

Faculty Publications

From the outset, the reader should be familiar with our script. Our threefold purpose in writing this essay is to be at once descriptive, evaluative, and prescriptive. We shall describe briefly the decisions of the United States Supreme Court during the 1981 Term in the broad field of federal jurisdiction, and shall compare and contrast those decisions with the past decisions of the United States Court of Appeals for the Eleventh Circuit.


Hypnotic Evidence, Paul C. Giannelli Jan 1983

Hypnotic Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Mixed-Hardwood Thinning Optimization, Steven H. Bullard Jan 1983

Mixed-Hardwood Thinning Optimization, Steven H. Bullard

Faculty Publications

Upland hardwood forest types are .by far the most widespread in the United States. Stands of the oak-hickory forest type alone include 109 million acres, 23 percent of the Nation's commercial timberland (U.S. Forest Service 1982) . Many even-aged upland hardwood stands developed on nonindustrial private lands through hardwood invasion after pine stands were harvested. In 1973, half of the hardwood timber in the South was determined to be on upland sites which formerly supported pine stands (Murphy and Knight 1974). Many nonindustrial private landowners passively permit the biologically better adapted hardwoods to increase after the harvest of pines. These …


Administrative Law: Judicial Review - Preserver Of The Process, Michael P. Waxman Jan 1983

Administrative Law: Judicial Review - Preserver Of The Process, Michael P. Waxman

Faculty Publications

No abstract provided.


Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher Jan 1983

Federal Product Legislation And Toxic Torts: The Defense Perspective, John J. Kircher

Faculty Publications

No abstract provided.


Tort And Insurance Law: How Times Have Changed!, James D. Ghiardi Jan 1983

Tort And Insurance Law: How Times Have Changed!, James D. Ghiardi

Faculty Publications

No abstract provided.


The New Sentencing Law, Paul C. Giannelli Jan 1983

The New Sentencing Law, Paul C. Giannelli

Faculty Publications

No abstract provided.


U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli Jan 1983

U.S. Supreme Court: 1982-83 Term: Part I, Paul C. Giannelli

Faculty Publications

No abstract provided.


Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent Jan 1983

Ancillary Relief In Federal Securities Law: A Study In Federal Remedies, George W. Dent

Faculty Publications

After describing the history and current practice of ancillary relief in federal securities law, this Article analyzes the general law of federal remedies and ancillary relief, including ancillary relief in other areas of administrative law, recent developments in federal equity, statutory interpretation, and federal common law, and implied statutory remedies. The Article then examines pertinent aspects of the federal securities laws, including their legislative history and recent judicial interpretations. On this basis the Article recommends both a general approach to ancillary relief in federal securities law and responses to problems of specific remedies. Finally, the Article discusses ancillary relief under …


Recent Developments In West German Civil Procedure, William B. Fisch Jan 1983

Recent Developments In West German Civil Procedure, William B. Fisch

Faculty Publications

The most comprehensive description of the West German civil litigation system to appear in United States law journals, a much-admired, practice-oriented work by two United States law professors and a Hamburg judge, was published twenty-five years ago. At that moment, a commission of experts, appointed in 1955 by the Federal Ministry of Justice and called the Commission to Prepare a Reform of Civil Justice, was already deep into a thorough reexamination of the entire West German system. The stimuli for this reexamination were the eternal devils of judicial procedure everywhere: technicality, inaccessibility, and above all, delay and cost. In 1961, …


The New California Exemptions In Bankruptcy: A Constitutional Reprise, Gary Neustadter Jan 1983

The New California Exemptions In Bankruptcy: A Constitutional Reprise, Gary Neustadter

Faculty Publications

No abstract provided.


Making Sense Out Of The California Criminal Statute Of Limitations, Gerald F. Uelmen Jan 1983

Making Sense Out Of The California Criminal Statute Of Limitations, Gerald F. Uelmen

Faculty Publications

No abstract provided.


A Lawyer's Guide To Historic Sites In Atlanta, Gerald F. Uelmen Jan 1983

A Lawyer's Guide To Historic Sites In Atlanta, Gerald F. Uelmen

Faculty Publications

No abstract provided.


Freedom Of Expression, Howard C. Anawalt Jan 1983

Freedom Of Expression, Howard C. Anawalt

Faculty Publications

No abstract provided.


Title Vii Impact Analysis Applied To The Age Discrimination In Employment Act: Is A Transplant Appropriate?, Mack Player Jan 1983

Title Vii Impact Analysis Applied To The Age Discrimination In Employment Act: Is A Transplant Appropriate?, Mack Player

Faculty Publications

No abstract provided.


Exemptions As An Incentive To Voluntary Bankruptcy: An Empirical Study, William J. Woodward Jr., Richard S. Woodward Jan 1983

Exemptions As An Incentive To Voluntary Bankruptcy: An Empirical Study, William J. Woodward Jr., Richard S. Woodward

Faculty Publications

No abstract provided.


Energy Equity For The Poor: The Search For Fairness In Federal Energy Assistance Policy, Kenneth A. Manaster Jan 1983

Energy Equity For The Poor: The Search For Fairness In Federal Energy Assistance Policy, Kenneth A. Manaster

Faculty Publications

No abstract provided.


Administrative Adjudication Of Air Pollution Disputes: The Work Of Air Pollution Control District Hearing Boards In California, Kenneth A. Manaster Jan 1983

Administrative Adjudication Of Air Pollution Disputes: The Work Of Air Pollution Control District Hearing Boards In California, Kenneth A. Manaster

Faculty Publications

No abstract provided.


Coleridgean Polarity And Theological Vision, James S. Cutsinger Jan 1983

Coleridgean Polarity And Theological Vision, James S. Cutsinger

Faculty Publications

This essay concerns two closely related subjects: the religious philosophy of Samuel Taylor Coleridge and the need for a new vision in Christian theology today. Though it is the second, more ambitious and adventurous topic that deserves the more sensitive treatment, it is rather to Coleridge himself that I have given the greater part of my attention. The reasoning behind this procedure is based upon a fairly simple fact: Coleridge's religious thought is still largely unknown to most people in the philosophical and theological communities. During the past twenty years or so, as many of Coleridge's hitherto unpublished notebooks and …


In The End Is The Beginning: An Inquiry Into The Meaning Of The Religion Clauses, Jonathan Van Patten Jan 1983

In The End Is The Beginning: An Inquiry Into The Meaning Of The Religion Clauses, Jonathan Van Patten

Faculty Publications

No abstract provided.


Magic, Prophecy, And The Law Of Treason In Reformation England, Jonathan Van Patten Jan 1983

Magic, Prophecy, And The Law Of Treason In Reformation England, Jonathan Van Patten

Faculty Publications

No abstract provided.


U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli Jan 1983

U.S. States Supreme Court: 1982-83 Term: Partii, Paul C. Giannelli

Faculty Publications

No abstract provided.


Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli Jan 1983

Chain Of Custody And Identification Of Real Evidence, Paul C. Giannelli

Faculty Publications

No abstract provided.


Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson Jan 1983

Congressional Preemption Of Mortgage Due-On-Sale Law: An Analysis Of The Garn-St. Germain Act, Dale A. Whitman, Grant S. Nelson

Faculty Publications

We first describe the several major types of mortgagor transfer restrictions, and the judicial and legislative responses to these restrictions before the Act. Second, we analyze the effect and coverage of the important provisions of the Act and its attendant regulation. The complex exceptions to the application of the Act known as “window periods” are then considered. These window periods were created by Congress in an attempt to soften the impact of the Act on states that previously restricted due-on-sale enforcement, and are based on preexisting state law. We examine the difficult standards for identifying such window periods and suggest …


“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr. Jan 1983

“Taking” A Constitutional Look At The State Bar Of Texas Proposal To Collect Interest On Attorney-Client Trust Accounts, Thomas E. Baker, Robert E. Wood Jr.

Faculty Publications

No abstract provided.


Constitutional Criminal Procedure, Thomas E. Baker Jan 1983

Constitutional Criminal Procedure, Thomas E. Baker

Faculty Publications

No abstract provided.