Law Commons^™

Annual Report Of The Colorado River Board Of California, 1979, Colorado River Board Of California

California Agencies

No abstract provided.

Judicial Review Of Laws Enacted By Popular Vote, Marc Slonim, James H. Lowe

Washington Law Review

This comment examines the thesis that the political process by which laws are enacted has constitutional significance and concludes that legislation enacted directly by voters warrants heightened judicial scrutiny under the fourteenth amendment. Part I chronicles the historical development of the initiative and referendum and surveys contemporary applications. Parts II and III examine the political underpinnings and ramifications of direct democracy and the constitutionality of the initiative process. Finally, Part IV proposes a constitutional law framework for heightened judicial scrutiny of laws enacted by popular vote.

Relaxation Of Implementation Plans Under The 1977 Clean Air Act Amendments, David P. Currie

Michigan Law Review

This Article probes the convoluted ameliorative provisions of the 1977 Amendments in three parts. Section I deals with delayed compliance orders - orders granted to stationary sources unable to meet the statutory deadlines for compliance. Section 113( d) is the fountainhead provision, and besides a general provision for delayed compliance, it also contains specific provisions for sources unable to comply due to retirement of present facilities, due to investment in innovative facilities with the promise of greater pollution reduction in the future or due to government orders to convert from cleaner fuels to coal.

Section II analyzes two specific relief …

State Control Over The Reclamation Waterhole: Reality Or Mirage, Michigan Law Review

Michigan Law Review

This Note assesses how much state law section 8 saves from preemption. Section I reviews the interplay of state and federal water law in the West. It begins with a brief description of appropriation, the system of water rights found in the Western states, outlines the Reclamation Act of 1902, and then traces the Supreme Court's evolving construction of the Act. It culminates in a discussion of California v. United States, the Court's latest gloss on section 8. Section II expands the analysis of the California decision, integrating it with traditional preemption doctrine. It shows that section 8 respects …

California's Bank And Corporation Tax Volume Iii: Unitary Apportionment And World Wide Combination, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.

Background Information On California's Bank And Corporation Tax Volume I: Federal Conformity Issues, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.

Background Information On California's Bank And Corporation Tax Volume Ii: Unitary Method Of Apportionment, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.

Implementation Of Proposition 13 Volume I: Property Tax Assessment, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.

Public Hearing On Indian Children: Adoption: Foster Care (Ab 1041, Bates), Assembly Committee On Human Resources

California Assembly

No abstract provided.

Transit Labor Law, Assembly Committee On Transportation

California Assembly

No abstract provided.

California's Inheritance Tax: A Background Report, Assembly Revenue And Taxation Committee

California Assembly

No abstract provided.

The Right To Financial Privacy Act Of 1978-The Congressional Response To United States V. Miller: A Procedural Right To Challenge Government Access To Financial Records, Nancy M. Kirschner

University of Michigan Journal of Law Reform

This article will review the factors leading to the Miller decision and the legislative response to that decision. Part I will examine the bank customer's expectation of privacy and the way Miller affects this expectation. Part II will discuss the congressional response to Miller and the competing interests which led to the Right to Financial Privacy Act. The Act itself will be discussed in detail in Part III. Part IV will evaluate the Act, and offer recommendations for reform. The article concludes that the Act, by adopting a purely procedural approach, fails to provide adequate protection to bank customers.

Corruption And The Foreign Corrupt Practices Act Of 1977, Fredric Bryan Lesser

University of Michigan Journal of Law Reform

This article first discusses the business activities and competing interests which prompted congressional action. Part II analyzes the FCPA and attempts to solve the ambiguities inherent in the criminalization provisions, thereby clarifying which activities are proscribed by the FCPA and what is meant by the Act's corruption requirement. Finally, Part III examines the possibilities for multinational agreements prohibiting bribery.

An Empirical Analysis Of The Equal Credit Opportunity Act, James A. Burns Jr.

University of Michigan Journal of Law Reform

This article will first examine the legislative history of the ECOA to discover (1) the impetus for its enactment; (2) the views of proponents and opponents of the legislation concerning the presence of credit discrimination, its proper cure, and the proposed provisions of the bills introduced to deal with the problem; and (3) the congressional intent as to the use of various credit-granting factors described by the Act. Regulation B will then be similarly examined to find out how the broad mandates of the ECOA have been made concrete for the use of creditors. Finally, the article will focus on …

Political Broadcasting After The Aspen Ruling: Legislative Reform Of Section 315(A) Of The Communications Act Of 1934, Stuart N. Brotman

University of Michigan Journal of Law Reform

The FCC's new interpretation of section 315(a) in the Aspen ruling greatly reduced its inhibitory effect on broadcasters. The ruling, however, has created further interpretive problems regarding the broadcast debate format, and has not completely resolved the more general problem of giving the electorate greater and more direct exposure to candidates during campaigns through programming that forces candidates to confront each other on the major issues. This article will discuss the. background of section 315(a), then explain each of its exemptions. Finally, it will propose possible reforms in the area of political broadcasting in light of the Aspen ruling.

The Politics Of Abortion In The House Of Representatives In 1976, Maris A. Vinovskis

Michigan Law Review

The battle over federal funds for abortions and the attempts to pass a constitutional amendment to prohibit all abortions have become annual events that most members of Congress privately dread but publicly welcome. As "pro-life" and "pro-choice" constituents descend upon their elected officials each year, representatives are forced to face an issue that has no easy legislative solution. Despite the intensity and disruptiveness of these confrontations, there have been no thorough and independent analyses of this phenomenon. Instead, most information on the abortion controversy in Congress has come from the understandably biased pens of the activists on both sides. Representatives …

California's New Property Tax Assessment System, Assembly Revenue And Taxation Committee

California Assembly

Legislative history, summary of provisions, and text of AB 1488 (Chapter 242 Statutes of 1979) and SB 17 (Chapter 49 - Statutes of 1979).

Staff Report. California Assembly Committee On Fuel Scarcity, California Assembly Committee On Fuel Scarcity

California Assembly

No abstract provided.

The National Debate And State Level Response: The New Indiana Juvenile Code (Symposium Introduction), Dan Hopson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Transfer Between Courts Under The Indiana Juvenile Code, Robert Batey

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

This Code Is Rated "R" - Second-Class Citizenship Under Indiana's New Juvenile Code, J. Richard Keifer

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Jurisdiction Over Misbehaving Children And Their Parents Under The New Indiana Juvenile Law, Lee E. Teitelbaum

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

A Judicial Response To The New Juvenile Code, J. Brandon Griffis

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

At Long Last Credibility: The Role Of The Attorney For The State Under Indiana's New Juvenile Code, David W. Bahlmann, Stephen J. Johnson

Indiana Law Journal

The National Debate and State Level Response: The New Indiana Juvenile Code, Symposium

Repeals By Implication In Florida: A Case Study, Ernest E. Means

Florida State University Law Review

No abstract provided.

Review Of Administrative Regulations: The Experience Of Other States, The Federal Government, And Options For California, Manuel P. Hernandez, Assembly Office Of Research

California Assembly

The rapid growth in the number of regulations contained in the California Administrative Code, the existence of numerous rules and regulations outside of the code, and the public concern regarding unnecessary and burdensome regulations suggest the need to establish a formal mechanism for reviewing administrative regulations.

At the request of the Committee on Governmental Organization, the Assembly Office of Research conducted a study of the subject of review of administrative regulations between November 1978 and April 1979. The study involved a literature search of the subject and a survey of the 34 states that have a formalized process for legislative …

Report Of The Chief Justice's Advisory Committee For An Effective Publication Rule, Chief Justice's Advisory Committee For An Effective Publication Rule

California Agencies

No abstract provided.

A Summary Of The Legislative History Of The Surface Mining Control And Reclamation Act Of 1977 And The Relevant Legal Periodical Literature, Robert A. Waters

West Virginia Law Review

No abstract provided.

Legislation And Its Limits, A. E. Anton

Dalhousie Law Journal

Political philosophers throughout history have been shocked by the dictum of Ulpian that "Because it pleases the prince, it has the force of law",2 and have asked whether there are not moral principles which a legislator may not contravene, whatever the scope of his constitutional powers. The philosophers' answers have been of crucial importance in the development of western legal thought and have influenced the content both of national constitutions and of national and international bills of rights. The reasoning, however, underlying those answers has usually been of an a priori character, based on the acceptance of theories of natural …

Nova Scotia Freedom Of Information Act, Keith R. Evans

Dalhousie Law Journal

Freedom of Information has been the subject of much current debate in Canada, but is not new to the world. The United States enacted their first Act, in 1966,1 and amendments in 1974 finally gave the Act some worthwhile effect. 2 Sweden has had Freedom of Information legislation for over two hundred years. The experience of these two countries has been very favourable, but Canada refuses to learn from that experience. There is still a fear in the governments of Canada that openness in government would lead to problems, the ultimate fear being that the party in power will no …