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Full-Text Articles in Law

The Legal Basis Of Aboriginal Title, Brian Slattery Jan 1992

The Legal Basis Of Aboriginal Title, Brian Slattery

Articles & Book Chapters

This paper considers a range of differing approaches to the question of Aboriginal land rights in the light of the judgment of the B.C. Supreme Court in the Delgamuukw case.


An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin Jan 1992

An "Internal" Critique Of Justice Scalia's Theory Of Statutory Interpretation, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Administrative Agencies, Joseph Vining Jan 1992

Administrative Agencies, Joseph Vining

Book Chapters

Administrative agencies, often called the ‘‘fourth branch,’’ are entities of government that make decisions within particular substantive fields. Although these fields range over the full spectrum of public concern, the specificity of agencies’ focus distinguishes them from other decision making entities in the constitutional structure—the judiciary, the presidency, the Congress, indeed the individual citizen—each of which can be taken to have a scope of interest as broad as imagination will allow.


Frustration In English Law – A Reappraisal, Andrew B.L. Phang Jan 1992

Frustration In English Law – A Reappraisal, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

There are few doctrines in the English common law of contract that have raised as much theoretical discussion as the doctrine of frustration. The present article attempts a reappraisal of the doctrine, its central thesis being that many of the major controversies centring on the doctrine have been unnecessary as they stem from an omission to view the doctrine in a holistic fashion. Indeed, it is submitted that a more coherent view must proceed from a theoretical reappraisal, which reappraisal would, ironically, lead to a more cogent practical application of the doctrine itself. That theory lies at the core of …


Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand Jan 1992

Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand

Articles

In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …