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Articles 12361 - 12390 of 14574

Full-Text Articles in Law

Full Text Of Issue Jan 1981

Full Text Of Issue

California Regulatory Law Reporter

No abstract provided.

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Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone Jan 1981

Advance Notice Of Plant Closings: Toward National Legislation, Joseph A. Cipparone

University of Michigan Journal of Law Reform

This article advocates the adoption of national legislation requiring advance notice for plants closed or relocated for ostensibly economic reasons. Part I discusses the magnitude of the plant closing problem, focusing upon the costs associated with such closings, the types of assistance available for terminated workers, and the inadequacies of current relief efforts. Parts II and III examine the arguments for and against requiring advance notice of plant closings, and conclude that such a requirement represents sound public policy. Part IV proposes a complete model advance notice statute. The model statute establishes minimum requirements for a viable advance notice system, …

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The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley Jan 1981

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

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Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie Jan 1981

Impacts Of The Pacific Northwest Electric Power Planning And Conservation Act On The Development Of Energy Resources In The Pacific Northwest: An Analysis Of The Resource Acquisition Priority Scheme, Preston Michie

Seattle University Law Review

This article discusses how the Pacific Northwest Electric Power Planning and Conservation Act may affect the region's choice of resources to construct. Potential choices range from conventional resources such as coal and nuclear to renewable resources such as geothermal, biomass, wave, tidal, solar, and wind. In addition, conservation and cogeneration are now viable energy alternatives. This discussion focuses on PNEPPCA's resource acquisition priority scheme and provides an overview of the incentives and disincentives which may influence the resource selection process. Rather than predicting which resources the region's utilities may ultimately construct, this article analyzes the legal barriers proponents of particular …

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Washington's Product Liability Act, Philip A. Talmadge Jan 1981

Washington's Product Liability Act, Philip A. Talmadge

Seattle University Law Review

The Washington Legislature in its 1981 session enacted Senate bill 3158,1 the Tort and Product Liability Reform Act, a comprehensive change in product liability and tort law in the State of Washington. This change, perhaps the most sweeping legislative involvement in Washington tort law in this century, was accomplished after many years of extremely bitter political conflict over product liability and tort reform; Senate bill 3158, however, passed the legislature with little of the acrimony previ- ously associated with the issue. This article explores the involve- ment of the legislature in product liability and tort reform his- torically, reviews the …

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International Implications Of Limitations On "Aggregate Concentration", David Boies Jan 1981

International Implications Of Limitations On "Aggregate Concentration", David Boies

Michigan Journal of International Law

Traditionally, antitrust laws have been concerned with competition and concentration within a single market. In the past few years, however, increasing attention has been given to economywide or aggregate concentration-especially when such concentration is accomplished by merger rather than by internal growth. In 1979 and 1980, Congress considered Senate Bill S. 600 which would limit mergers based on size criteria that are unrelated, at least directly, to proof of a lessening of competition within any given market. The international implications of applying this principle are complex and difficult, and have yet to be fully addressed. It is the purpose of …

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Appendix 1: Foreign Monopoly And Merger Law Jan 1981

Appendix 1: Foreign Monopoly And Merger Law

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.

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The Legislative Veto: Is It Legislation? Jan 1981

The Legislative Veto: Is It Legislation?

Washington and Lee Law Review

No abstract provided.

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Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron Jan 1981

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …

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The Role Of Law, Theodore J. St. Antoine Jan 1981

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

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Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz Jan 1981

Age Discrimination In New York's Medicaid Benefit Payment Recoupment Statute, Ronald D. Ploetz

Buffalo Law Review

No abstract provided.

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Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy Jan 1981

Sherman Act Applications To Predation By Controlled Economy Enterprises Marketing In The United States: Departures From Mechanical Formulae, Deborah M. Levy

Michigan Journal of International Law

In a reproachful dissent in United States v. Columbia Steel, the late Justice Douglas sought to remind his brethren what the antitrust laws of the United States are all about: [A]ll power tends to develop into a government in itself. Power that controls the economy should be in the hands of elected representatives of the people, not in the hands of an industrial oligarchy. Industrial power should be decentralized.... That is the philosophy and the command of the Sherman Act.

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Session Law 81-066, Florida Senate & House Of Representatives Jan 1981

Session Law 81-066, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-318, Florida Senate & House Of Representatives Jan 1981

Session Law 81-318, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-179, Florida Senate & House Of Representatives Jan 1981

Session Law 81-179, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-313, Florida Senate & House Of Representatives Jan 1981

Session Law 81-313, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-301, Florida Senate & House Of Representatives Jan 1981

Session Law 81-301, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-113, Florida Senate & House Of Representatives Jan 1981

Session Law 81-113, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-142, Florida Senate & House Of Representatives Jan 1981

Session Law 81-142, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-185, Florida Senate & House Of Representatives Jan 1981

Session Law 81-185, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-027, Florida Senate & House Of Representatives Jan 1981

Session Law 81-027, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Session Law 81-292, Florida Senate & House Of Representatives Jan 1981

Session Law 81-292, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

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Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner Jan 1981

Consumer Warranty Claims Against Companies In Chapter 11 Reorganizations, Elizabeth Warner

University of Michigan Journal of Law Reform

This article examines the rights of individuals who have purchased warranted goods from a business that subsequently undergoes reorganization under Chapter 11 of the Bankruptcy Reform Act of 1978. Part I establishes that warranty rights are claims in bankruptcy and outlines the procedure that must be followed by a creditor for distribution from the debtor's estate. Part II focuses on how warranty claims are treated in Chapter 11. Part III discusses ways to alleviate the warranty creditor's representational burden, particularly through the intervention and aid of public interest groups. This article concludes that . warranty creditors will receive favorable treatment …

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Failing Companies And The Antitrust Laws, Janet L. Mcdavid Jan 1981

Failing Companies And The Antitrust Laws, Janet L. Mcdavid

University of Michigan Journal of Law Reform

This article will examine two areas in which the courts have given financially-troubled companies special treatment under the antitrust laws. Part I discusses the acquisition of a failing company, which may constitute a judicially-created exemption from section 7 of the Clayton Act. Part II considers certain cases involving failing companies whose conduct is challenged under section 1 of the Sherman Act.

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Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar Jan 1981

Filing For Personal Bankruptcy: Adoption Of A "Bona Fide Effort" Test Under Chapter 13, Stephan M. Vidmar

University of Michigan Journal of Law Reform

Part I discusses the history and current application of the Chapter 13 wage earner relief provisions, focusing on the present "good faith" controversy. Part II analyzes the "bona fide effort" test and examines its current congressional status. Part III suggests that more specific statutory guidance is necessary in order to effectively apply the "bona fide effort" test and recommends specific guidelines for its use. The article concludes that by following such a set of standard guidelines when applying the "bona fide effort" test, bankruptcy courts would promote uniform treatment of debtors, enhance judicial economy, and facilitate appellate review of Chapter …

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Recent Developments In The Struggle For Probate Reform, Richard V. Wellman Jan 1981

Recent Developments In The Struggle For Probate Reform, Richard V. Wellman

Michigan Law Review

The two Als being honored by this issue have honored me with years of precious friendship and many words a!!-d acts of support and encouragement. In return, they and their friends and others who may peruse these pages prepared as they near retirement really deserve better reading than can be expected of an article that wallows in the dreadful details of legislation dealing with probate procedure. Conard and Smith are old hands when it comes to efforts at improvement of law and legal institutions. They know better than to immerse themselves deeply in a piece like the one that follows, …

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Water Rights On Indian Allotments, David H. Getches Jan 1981

Water Rights On Indian Allotments, David H. Getches

Publications

Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …

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Appendix 2: Recent United States Legislative Antitrust Proposals Jan 1981

Appendix 2: Recent United States Legislative Antitrust Proposals

Michigan Journal of International Law

This Appendix consists of brief descriptions of the monopoly and merger laws of several nations. These descriptions are not intended to provide a complete statement of any one nation's antitrust statutes and case law. Rather, they are included in this volume to permit the reader to observe the widely divergent approaches to the regulation of economic concentration. These summaries may not contain the latest case law developments or statutory amendments. It is hoped, however, that they provide a sound starting point for investigation of the regulatory regimes of the nations included in this collection.

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The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd Jan 1981

The Legislative Abrogation Of Interspousal Immunity In Virginia, Lisa Anderson-Lloyd

University of Richmond Law Review

Is a wife who hires someone to murder her husband liable in tort for the injuries he sustains in the murder attempt? The Virginia Supreme Court faced just this question in 1980 in Counts v. Counts. In light of the partial abrogation of the doctrine of interspousal immunity by the Virginia Supreme Court during the 1970's in wrongful death actions and inactions for damages in motor vehicle accident cases, a well reasoned prediction would have anticipated a further erosion of the doctrine. In Counts, however, the court disallowed the interspousal suit for an intentional tort, signaling that it had no …

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A Critique Of Hodel V. Virginia Surface Mining And Reclamation Association, Timothy W. Mcafee Jan 1981

A Critique Of Hodel V. Virginia Surface Mining And Reclamation Association, Timothy W. Mcafee

University of Richmond Law Review

On January 3, 1980, the United States District Court for the Western District of Virginia declared substantial portions of the Federal Surface Mining Control and Reclamation Act of 1977 (hereinafter "the Surface Mining Act" or "the Act") to be unconstitutional in Virginia Surface Mining & Reclamation Association v. Andrus. Specifically, the district court found that section 515(d) and (e) of the Act were in contravention of the tenth amendment, that sections 515(d)-(e) and 522 of the Act constituted an unconstitutional taking of private property without just compensation in violation of the fifth amendment and that sections 518 and 521 of …

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