Law Commons^™

Implied Contribution Under The Federal Securities Laws: A Reassessment, Mark J. Loewenstein

Publications

No abstract provided.

The Labor-Bankruptcy Conflict: Rejection Of A Debtor's Collective Bargaining Agreement, Michigan Law Review

Michigan Law Review

This Note examines the courts' accommodation of the labor and bankruptcy policies when a debtor in possession or trustee seeks to reject a collective bargaining agreement. Part I criticizes a series of recent cases that failed to confront the statutory conflict. If these courts had recognized the conflict between the language of the Bankruptcy Act (now the Code) and the Labor Act, they would have been forced to consider whether the labor and bankruptcy policies actually clashed. Part II finds that in most instances they do not, and argues that requiring the debtor in possession to bargain with the union …

Render Unto Caesar: An Essay On Private Morals And Public Law, W. Christopher Barrier

University of Arkansas at Little Rock Law Review

No abstract provided.

Regulatory Reform In The Intercity Bus Industry, Cornish F. Hitchcock

University of Michigan Journal of Law Reform

This Article will analyze the economic structure of the intercity bus industry and the type of service received by the public under the present regulatory scheme. It will then discuss what regulatory reforms could improve service, how these issues are addressed in the recent House-passed bill, and what further legislative reforms should be made.

Corporate Indemnification Of Directors And Officers: Time For A Reappraisal, K.G. Jan Pillai, Craig Tractenberg

University of Michigan Journal of Law Reform

This Article evaluates the benefits and burdens of shifting litigation risk from management to the enterprise. The Article begins by considering the nature of the legal risks confronting the corporate executive, and the principles of common law that developed to counter those risks. The Article proceeds to assess the two statutory responses to threats of personal liability against the corporate executive: indemnification statutes, and director and officer insurance. Finally, after comparing the effective absolute immunity available to corporate executives with the qualified immunity enjoyed by high-level government officials, the Article concludes that indemnification practices have overinsulated the corporate officer from …

The Consultation Clause Of The 1973 War Powers Resolution, Laurence D. Pierce

Antioch Law Journal

In 1973, Congress enacted the War Powers Resolution.' The purpose of the Resolution was "to fulfill the intent of the framers of the Constitution of the United States and insure that the collective judgment of both the Congress and the President will apply to the introduction of United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances .... 2 Part I of this comment examines the legislative evolution of the consultation clause to ascertain the intent of those congressional members who drafted and ratified the War Powers Resolution. Part II …

The Proper Role Of Res Judicata And Collateral Estoppel In Title Vii Suits, Charles C. Jackson, John H. Matheson, Thomas J. Pikorski

Michigan Law Review

The Article proceeds from the premise, established in Part I, that federal courts must apply preclusion principles unless Congress clearly indicates otherwise. Part II considers a number of indicators of Congress's intent, and finds no evidence to rebut the presumption that federal courts must give preclusive weight to certain state decisions. Part III then proposes general guidelines for the application of preclusion doctrines in title VII litigation.

The Decline And Fall Of Taxable Income, Glenn E. Coven

Michigan Law Review

After first exploring the intellectual climate that has facilitated the congressional disregard of taxable income, this Article will examine three areas in which taxable income is no longer the exclusive mechanism for allocating the burden of taxation. That examination will outline the undesirable consequences of the decline of taxable income, and demonstrate that Congress need not have disregarded taxable income to secure the desired pattern of taxation. Because the use of multiple rate schedules constitutes the most significant deviation from the concept of taxable income in terms of the number of taxpayers that it affects and the popular resentment against …

Enjoining The Application Of The British Protection Of Trading Interests Act In Private American Antitrust Litigation, Michigan Law Review

Michigan Law Review

This Note argues that American courts should mitigate the impact of the PTIA on American antitrust litigation by enjoining British defendants from pursuing their rights under the Act. Part I examines the Act's principal effects on antitrust enforcement and the settlement process, and concludes that these effects are serious enough to warrant judicial intervention. Part II establishes a court's power to issue transnational antisuit injunctions, and considers the propriety of doing so. After briefly rejecting two practical objections to such injunctions - that they are impossible to enforce and will provoke international retaliation - Part II analyzes the doctrine of …

The "Nepa-Abroad" Controversy: Unresolved By An Executive Order, Glenn Pincus

Buffalo Law Review

No abstract provided.

Agenda: Water Resources Allocation: Laws And Emerging Issues: A Short Course, University Of Colorado Boulder. Natural Resources Law Center

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:

- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"

- June 1981: "Water Resources Allocation: Laws and Emerging Issues"

- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"

- June 1983: "Groundwater: Allocation; Development and Pollution"

(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)

Speakers and instructors for this short course …

Riparian Rights, Peter N. Davis

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

8 pages.

Contains research sources.

Development Of The Appropriation Doctrine: Outline, Charles F. Wilkinson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Contains references.

Reconciling World-Wide Water Supply With Demand [Outline], Gilbert F. White

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Hybrid Systems: Outline, Harrison C. Dunning

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

4 pages.

Physical/Political Solutions To Groundwater Management Problems: Outline, Carl F. Fossette

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

12 pages (includes illustrations and map).

The Colorado River Compact: A Limit On Upper Basin Development: Outline, Charles J. Meyers

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.

Contains references.

Supplemental materials. Includes extracts from Colorado River Basin Project Act and Colorado River Compact.

Arizona’S New Groundwater Statute: 1980 Groundwater Management Act: Outline, Jon L. Kyl

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

255 pages.

Contains bibliography.

Supplemental materials. Includes S.B. 1409, 35th Leg., 1st Reg. Sess. (Az. 1981), H.B. 2465, 35th Leg., 1st Reg.Sess. (Az. 1981), Pinal Active Mgm't. Area Official Application Forms for Grandfathered Groundwater Rights, S.B. 1001, 34th Leg., 4th Spec. Sess. (Az 1980).

Quantification Of Federal And Indian Reserved Rights Through Negotiation [Outline], Daniel M. Rosenfelt

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

2 pages.

Quantification Of Federal Reserved Rights—Litigation, Legislation Or Negotiation? [Outline], John Undem Carlson

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

1 page.

Contracting For Water From A Federal Project, Gary L. Greer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

7 pages.

Application Of The Law Of Prior Appropriation: Outline, James N. Corbridge Jr.

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

11 pages.

Federal And Indian Reserved Rights: Outline, Robert S. Pelcyger

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

6 pages.

Regimes For Allocating Rights In Ground Water, William A. Hillhouse, Ii

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

145 pages.

Supplemental materials. Includes text of C.R.S. § 37-90-135-138, In the Matter of Rules and Regulations Governing the Use, Control, and Protection of Water Rights for Both Surface and Underground Water Located in the Rio Grande and Conejos River Basins and Their Tributaries, No. W-3466 (Colo. Dist. Ct., Water Div. 3 Jan. 31, 1980), Southeastern Colo. Wtr. v. Huston, 593 P.2d 1347, Ruling, Judgment and Certification, Southeastern Colo. Wtr. v. Huston (Colo. Dist. Ct. Water Div. 1,2,3,4,5,6 & 7 Feb. 11, 1981), Corrected Findings of Fact , Conclusions of Law and Decree, In the Matter of the Application for …

Ground Water Mining, Water Transfers And The Ogallala Aquifer Study, J. David Aiken

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains references.

Land Subsidence And Ground-Water Pumping: Outline, Thomas L. Holzer

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

10 pages.

Contains research sources.

State Prohibitions On The Interstate Exportation Of Scarce Water Resources, Steven E. Clyde, Edward W. Clyde

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

42 pages.

Maintaining Minimum Stream Flows For Wildlife And Recreation, A. Dan Tarlock

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

27 pages.

Contains references.

Federal Nonreserved Water Rights, Frank J. Trelease

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

5 pages.

Federal Regulation Of Appropriations Of Water In The Name Of Protecting Water Quality, David L. Harrison

Water Resources Allocation: Laws and Emerging Issues: A Short Course (Summer Conference, June 8-11)

9 pages.