Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 75

Full-Text Articles in Law

Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris Dec 1990

Copyright, Computer Software, And Work Made For Hire, Matthew R. Harris

Michigan Law Review

Prior to the Supreme Court's 1989 decision in Community for Creative Non-Violence v. Reid, the Circuits had disagreed over the question of whether independent contractors could qualify as "employees" under the doctrine. The Fifth, Ninth, and D.C. Circuits defined "employee" narrowly, thereby excluding the majority of commissioned works from potential work for hire status. Applying a much broader definition of the term, the Second and Seventh Circuits included virtually all commissioned works as work for hire. The disagreement was not surprising, since the copyright statute does not include a definition of the term, and the legislative history fails to …


The First Word: The President's Place In "Legislative History", Kathryn Marie Dessayer Nov 1990

The First Word: The President's Place In "Legislative History", Kathryn Marie Dessayer

Michigan Law Review

This Note examines the extent to which courts interpreting statutes should consider presidential participation in the legislative process. Part I concludes that courts should afford presidential input greater weight in statutory interpretation given the constitutional foundations and the empirical reality of the President's involvement in the lawmaking process. This conclusion follows from an examination of the President's authority to propose legislation and his power to review legislation via the presentment clause. To demonstrate the advantages of using presidential documents, Part II considers a series of cases in which courts used executive documents in the statutory interpretation process. Although federal courts …


Assembly Office Of Research, T. Fong Oct 1990

Assembly Office Of Research, T. Fong

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow Oct 1990

General Legislation, S. Barrow

California Regulatory Law Reporter

No abstract provided.


Office Of The Legislative Analyst, G. Bernardini Oct 1990

Office Of The Legislative Analyst, G. Bernardini

California Regulatory Law Reporter

No abstract provided.


Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta Oct 1990

Narrowing The Scope Of Civil Drug Forfeiture: Section 881, Substantial Connection And The Eighth Amendment, James B. Speta

Michigan Law Review

This Note offers two justifications for narrowing the scope of section 881 forfeiture. Part I argues that courts should apply the substantial connection test to section 881 forfeitures. This Part analyzes the statute using the traditional tools of statutory interpretation. While the text of the statute seems to support the broadest possible interpretation, the legislative history and context of adoption suggest that the substantial connection test is consistent with Congressional intent. In amending section 881, subsequent Congresses have favored application of the substantial connection test. Consistent with this narrower reading, present strategy in the "war on drugs" focuses stiff penalties …


Curtailing Inherited Wealth, Mark L. Ascher Oct 1990

Curtailing Inherited Wealth, Mark L. Ascher

Michigan Law Review

One of the most dominant themes in American ideology is equality of opportunity. In our society, ability and willingness to work hard are supposed to make all things possible. But we know there are flaws in our ideology. Differences in native ability unquestionably exist. Similarly, some people seem to have distinctly more than their fair share of good luck. Both types of differences are, however, beyond our control. So we try to convince ourselves that education evens out most differences. Still, we know there are immense differences in the values various parents imbue in their children. And we also know …


Office Of The Legislative Analyst, G. Bernardi Jul 1990

Office Of The Legislative Analyst, G. Bernardi

California Regulatory Law Reporter

No abstract provided.


Assembly Office Of Research, E. D'Angelo Jul 1990

Assembly Office Of Research, E. D'Angelo

California Regulatory Law Reporter

No abstract provided.


General Legislation, S. Barrow Jul 1990

General Legislation, S. Barrow

California Regulatory Law Reporter

No abstract provided.


Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes May 1990

Legislative Update On The State Adoption Of The 1987 Revision To The Uniform Anatomical Gift Act Of 1968, Daphne D. Sipes

Brigham Young University Journal of Public Law

No abstract provided.


"Success" And The Judicial Power, Frank H. Easterbrook Apr 1990

"Success" And The Judicial Power, Frank H. Easterbrook

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator Apr 1990

The Constitution As Architecture: Legislative And Administrative Courts Under Article Iii, Paul M. Bator

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


The Constitution As Architecture: A Charette, Larry Kramer Apr 1990

The Constitution As Architecture: A Charette, Larry Kramer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Article Iii Courts And The Constitutional Structure, David A. Strauss Apr 1990

Article Iii Courts And The Constitutional Structure, David A. Strauss

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer Apr 1990

Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude Apr 1990

Forward: Paul Bator: Legislative And Administrative Courts Under Article Iii Symposium, Patrick L. Baude

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III


Homelessness: A Historical Perspective On Modern Legislation, Mark Peters Apr 1990

Homelessness: A Historical Perspective On Modern Legislation, Mark Peters

Michigan Law Review

This Note will demonstrate how current legislative responses to homelessness are bound and crippled by the social reform theories of the nineteenth and early twentieth centuries. Before legislators can devise more efficient remedies to tackle current problems, they must identify and transcend earlier, ineffective thinking. This requires viewing the homelessness problem· in historical perspective. Specifically, legislatures must (1) examine the origins of the legal system's underlying conceptions about homelessness, (2) understand how these conceptions undermined earlier legislation designed to deal with the crisis, and (3) isolate, and escape, the modem manifestations of these conceptions.

This Note examines the early twentieth …


General Legislation, S. Barrow Jan 1990

General Legislation, S. Barrow

California Regulatory Law Reporter

No abstract provided.


Review Of Selected 1989 California Legislation, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Review Of Selected 1989 California Legislation, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Lesgislation Editors, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Lesgislation Editors, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Introduction, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Introduction, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Table Of Contents, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Table Of Contents, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Administration Of Estates, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Administration Of Estates, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Agriculture, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Agriculture, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Commercial Transactions, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Commercial Transactions, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Civil Procedure, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Civil Procedure, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Crimes, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Crimes, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Domestic Relations, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Domestic Relations, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.


Education, University Of The Pacific; Mcgeorge School Of Law Jan 1990

Education, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.