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Full-Text Articles in Law

Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review Jun 1981

Refunding Overcharges Under The Emergency Petroleum Allocation Act: The Evolution Of A Compensatory Obligation, Michigan Law Review

Michigan Law Review

The DOE's authority to order noncompensatory remedies has been seriously questioned. This Note will evaluate the propriety of such remedies in light of the history of petroleum price control enforcement. Although the DOE's enabling legislation does not explicitly impose a compensatory obligation, the Note finds that Congress anticipated that remedies would compensate, to the extent feasible, those persons actually overcharged. Part I traces the development of a compensatory obligation through the various stages of price regulation. Part II criticizes the DOE for abnegating that obligation. The Note concludes that the Department's recent consent orders violate both its own rules and …


Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud May 1981

Doing Business On An Indian Reservation: Can The Non-Indian Enforce His Contract With The Tribe?, Richard M. Grimsrud

BYU Law Review

No abstract provided.


A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain Apr 1981

A Proposal For Apportioning Damages In Fair Representation Suits, Kenneth B. Mcclain

University of Michigan Journal of Law Reform

Apportionment of damages in fair representation suits represents one of the most unsettled issues in labor law today. Although the Supreme Court has attempted to establish a single "governing principle" for apportioning damages, lower courts have read this principle as authorizing two divergent standards for apportionments. Part I of this article traces the evolution from the Court's original standard presented in Vaca v. Sipes through two subsequent applications of that standard: the Czosek v. O'Mara standard, which interpreted Vaca as placing the bulk of damages on the employer, and Justice Stewart's standard taken from his concurrence in Hines v. Anchor …


The Inadequate Remedy At Law Prerequisite For An Injunction, Doug Rendleman Apr 1981

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug Rendleman

Scholarly Articles

Not available.


The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman Apr 1981

The Inadequate Remedy At Law Prerequisite For An Injunction, Doug R. Rendleman

Faculty Publications

No abstract provided.


Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner Mar 1981

Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner

Washington Law Review

This note will begin by examining the legal theories involved in merging the concepts of comparative negligence and strict products liability. The social policies that are behind the merger will then be discussed. The note concludes with a review of the proposal now before the Washington legislature which would effect the merger and change the result in Seay.


Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner Mar 1981

Products Liability—Washington Refuses To Allow Comparative Negligence To Reduce The Strict Liability Award—Seay V. Chrysler Corp., 93 Wn. 2d 319, 609 P.2d 1382 (1980), Shannon J. Skinner

Washington Law Review

This note will begin by examining the legal theories involved in merging the concepts of comparative negligence and strict products liability. The social policies that are behind the merger will then be discussed. The note concludes with a review of the proposal now before the Washington legislature which would effect the merger and change the result in Seay.


Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys Jan 1981

Remedies For Private Intelligence Abuses: Legal And Ideological Barriers, Julie Shapiro, David Kairys

Faculty Articles

Surveillance and intelligence activities by private companies and individuals are not new to the United States; the nuclear power industry's resort to such activities poses new civil liberties and social problems. The extreme danger embodied in nuclear facilities and materials and the fear of "nuclear terrorism" provide the most plausible justification in our history for the wholesale destruction of civil liberties. Ostensibly responding to these dangers, corporate and government agencies have conducted surveillance of and gathered intelligence about opponents of nuclear power. As in the past, the targets of these activities are not terrorists but citizens who nonviolently oppose corporate …