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Articles 12421 - 12450 of 14574
Full-Text Articles in Law
Federal Land Policy Management Act: The Effect And Operation Of The Bureau Of Land Management Organic Act And Regulations Under It Relative To The Use Of Public Lands For Resource Development, Pamela A. Ray
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
15 pages.
The Jurisdictional Scheme On The Public Lands, David E. Engdahl
The Jurisdictional Scheme On The Public Lands, David E. Engdahl
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
7 pages.
National Forest Minerals Management [Outline], Jerry L. Haggard
National Forest Minerals Management [Outline], Jerry L. Haggard
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
3 pages.
The Hill-Burton Act: A Basis For The Prevention Of Urban Hospital Relocation, Carla J. Smith
The Hill-Burton Act: A Basis For The Prevention Of Urban Hospital Relocation, Carla J. Smith
Indiana Law Journal
No abstract provided.
Codification And Consequences: The Georgian Motif, R. Perry Sentell Jr.
Codification And Consequences: The Georgian Motif, R. Perry Sentell Jr.
Scholarly Works
For roughly the last 45 years, the Georgia statutory scene has featured both codification species--a statutorily sanctioned code of 1933, and a supplemented and "annotated" code of private publication. For many purposes this situation was of little interest or importance; on occasion, however, the point could become one of ominous significance, particularly for lawyers (and their clients). Perhaps a brief account of a few of those occasions and a summary description of the current codification effort--itself already the subject of litigation--will prove of general interest.
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
The Foreign Intelligence Surveillance Act: Legislating A Judicial Role In National Security Surveillance, Michigan Law Review
Michigan Law Review
This Note evaluates the constitutionality of the Foreign Intelligence Surveillance Act. Section I summarizes the legal history of national security surveillance from 1940 until the passage of the FISA, and briefly discusses the three major circuit court rulings on warrantless foreign intelligence surveillance. Section II describes the provisions of the Act. Section III examines the Act's constitutionality, first considering the scope of congressional authority to regulate the conduct of foreign affairs, then considering whether the political question doctrine prevents judicial scrutiny of executive decisions to conduct foreign intelligence surveillance. The Note concludes that the FISA is an appropriate and constitutional …
The Case Against Living Probate, Mary Louise Fellows
The Case Against Living Probate, Mary Louise Fellows
Michigan Law Review
This Article presents the case against living probate in hopes of preventing a reform that was appropriately discarded a century ago. Part I describes the various living probate proposals, highlighting their similarities, differences, and procedural complexities, and the benefits they seek to realize. Part II lays out four failings of living probate that call the desirability of this reform into question. Finally, in Part III, I propose an alternative reform which concentrates on the underlying problem inspiring living probate proposals - the expense and uncertainty of a mental capacity requirement for executing a valid will.
The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review
The Propriety Of Benefit-Spreading Regulations Under The 10% Lending Limit Of The National Bank Act, Michigan Law Review
Michigan Law Review
This Note examines whether the ten percent lending limit of the National Bank Act should be used to promote benefit-spreading. Section I evaluates the legislative and judicial history of the lending limit and concludes that Congress never intended the Comptroller to issue regulations to foster benefit-spreading. Section II examines the practical ramifications of the benefit-spreading regulations. It concludes that the lending limit cannot effectively foster benefit-spreading without undermining the risk-reducing function of the statute; that compliance with the benefit-spreading regulations is costly while the penalties for noncompliance are inappropriate and unfair; and that existing statutes better promote benefit-spreading while avoiding …
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
The Supreme Court's Interpretation Of The Civil Rights Act Of 1964: Liberty, Equality And The Limitation Of Judicial Power, Stephen L. Fluckiger
BYU Law Review
No abstract provided.
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish
Michigan Law Review
Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …
After "Life For Erie--A Reply, Peter Westen
After "Life For Erie--A Reply, Peter Westen
Michigan Law Review
Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
A Model For Determining The Publication Requirements Of Section 552(A)(1) Of The Administrative Procedure Act, Michael J. Kump
University of Michigan Journal of Law Reform
This article addresses the question of when the publication rule requires an agency to publish its results in the Federal Register, particularly "interepretations of general applicability" and "statements of general policy." The vast number of recent cases involving violations of the publication rule provide ample· impetus for settling this controversy. Of striking significance is the broad spectrum across which these cases stretch: food stamp cases, prison matters, and immigration disputes. The list is as broad as the range of administrative practice.
Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald
Improving New York State Public Schools: Will Proposals To License Teachers Eliminate Incompetence?, Elaine K. Herald
Buffalo Law Review
No abstract provided.
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
The Public Broadcasting Act: The Licensee Editorializing Ban And The First Amendment, John C. Grabow
University of Michigan Journal of Law Reform
This article contends that the public is deprived of an important source of information on public affairs issues as a result of the section 399(a) prohibition on editorializing. After an examination of the legislative history of Section 399(a), and the heritage of broadcast regulation in the United States, the article concludes that the prohibition on editorializing is an improper restriction on free expression in violation of the First Amendment.
Standards For Insecurity Acceleration Under Section 1-208 Of The Uniform Commercial Code: A Proposal For Reform, Darlene M. Nowak
Standards For Insecurity Acceleration Under Section 1-208 Of The Uniform Commercial Code: A Proposal For Reform, Darlene M. Nowak
University of Michigan Journal of Law Reform
This article examines in Part I how insecurity clauses function under the common law and the U.C.C .. Part II discusses the areas of controversy under section 1-208, the definition of good faith, the need for notice to the debtor, and the debtor's burden of proof. The article will evaluate the need for substantive reform in each area of controversy. A two-tier test of the creditor's insecurity is proposed wherein although the creditor has no responsibility to check the truth of his information, he may accelerate only if the information is true and is such as to make a reasonable …
Michigan's Nursing Home Reform Law, John D. Croll
Michigan's Nursing Home Reform Law, John D. Croll
University of Michigan Journal of Law Reform
This article examines Michigan's new nursing home reform law, which has been hailed as "landmark legislation" and as a model for the entire country. Part I examines the past failures of nursing home regulation and the need for reform. Part II analyzes the law's key provisions. Part III examines the weaknesses of certain enforcement measures. The article proposes the following improvements: (1) extension of the law's protection to residents of homes for the aged; (2) greater access to patients by approved organizations; (3) adoption of nurse-patient ratios; (4) improvement of inspection procedures; and (5) allowance for patients or their representatives …
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
A Model First-Party Insurance Excess-Liability Act, Eric M. Holmes
Scholarly Works
The purpose of this article is to study the various statutes concerning first-party, excess-liability in an effort to compose a model act. The primary issues affecting this problem are two-fold: First, what type of extra-contract damages should be available (e.g., attorney fees, litigation expenses, consequential losses, emotional distress, punitive damages); and second, should these extra-contract damages be based on an equitable standard of good-faith conduct (fault) or on strict liability principles (no fault)? These are crucial questions as the division between contract and tort becomes ever more blurred in modern law.
Agency Discretion To Accept Comment In Informal Rulemaking: What Constitutes "Good Cause" Under The Administrative Procedure Act?, Layne M. Campbell
Agency Discretion To Accept Comment In Informal Rulemaking: What Constitutes "Good Cause" Under The Administrative Procedure Act?, Layne M. Campbell
BYU Law Review
No abstract provided.
Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review
Standards Of Willfulness Under The Fair Labor Standards Act, Michigan Law Review
Michigan Law Review
The statutes of limitations facing plaintiffs who bring actions under the Fair Labor Standards Act [FLSA] vary, depending upon the willfulness of the violation. The Act establishes two limitations: three years for willful violations, and two years for nonwillful violations. It does not, however, define willfulness, and federal courts have interpreted the concept in two very different ways. Under the more prevalent rule, the test is: "Did the employer know the FLSA was in the picture?" But other courts have been more guarded, reserving the longer limitations period for "violations which are intentional, knowing or voluntary as distinguished from accidental." …
Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review
Title Vi, Title Ix, And The Private University: Defining "Recipient" And "Program Or Part Thereof", Michigan Law Review
Michigan Law Review
This Note explores the meaning of "recipient" and "program or part thereof' in title VI and title IX. Section I studies federal court definitions of "recipient" and the legislative history of title VI; it concludes that only organizations that exercise discretion in disbursing federal funds to students are "recipients." Section II explores the "program or part thereof' language as applied to the university by examining legislative history and recent discrimination cases. It argues that, since Congress sought to protect beneficiaries both from discrimination and from overbroad cutoffs, courts and agencies should draw the perimeters of a funds cutoff by balancing …
Consumer Protection, University Of The Pacific; Mcgeorge School Of Law
Consumer Protection, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Civil Procedure, University Of The Pacific; Mcgeorge School Of Law
Civil Procedure, University Of The Pacific; Mcgeorge School Of Law
McGeorge Law Review
No abstract provided.
Session Law 80-271, Florida Senate & House Of Representatives
Session Law 80-271, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-274, Florida Senate & House Of Representatives
Session Law 80-274, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-284, Florida Senate & House Of Representatives
Session Law 80-284, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-287, Florida Senate & House Of Representatives
Session Law 80-287, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-293, Florida Senate & House Of Representatives
Session Law 80-293, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-300, Florida Senate & House Of Representatives
Session Law 80-300, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-268, Florida Senate & House Of Representatives
Session Law 80-268, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.
Session Law 80-032, Florida Senate & House Of Representatives
Session Law 80-032, Florida Senate & House Of Representatives
Staff Analyses & Legislative Documents
No abstract provided.