Law Commons^™

Session Law 80-344, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 80-322, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Putting Bite In Nepa's Bark: New Council On Environmental Quality Regulations For The Preparation Of Environmental Impact Statements, David M. Lesser

University of Michigan Journal of Law Reform

This article will examine the new regulations to assess the manner in which they will affect federal decisionmaking. Part I briefly reviews the role the NEPA process has heretofore played in agency decisionmaking and its potential for the future. Parts II, III, and IV discuss specific provisions of the new regulations which may profoundly affect the agencies. Part II examines those sections of the regulations which seek to ensure that the EIS contains the substantive information necessary to fulfill NEPA's policies. Part III discusses significant procedural changes in the environmental assessment process designed to insure that this substantive information is …

Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman

Michigan Law Review

This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …

Interest Analysis And The Myth Of Legislative Intent, Lea Brilmayer

Michigan Law Review

My critique begins with a brief analysis of the principles underlying the Currie school's calculations of whether a state has an interest in having its law applied; it seeks to expose the unarticulated biases inherent in that calculus. I then argue that Currie's principles cannot be justified as expressions of actual legislative intent regarding a statute's territorial scope. Indeed, the discrepancy between governmental interests and actual legislative intent has been overlooked only because, in the vast majority of cases, legislatures have no actual intent on territorial reach with which to contrast Currie's results.

But without actual legislative endorsement, interest analysis …

The Pacific Northwest Electric Power Planning And Conservation (And Thermal Power Plant Relief) Act, Ralph Cavanagh

Seattle University Law Review

Supporters of the proposed Pacific Northwest Electric Power Planning and Conservation Act have not produced satisfactory answers to two fundamental questions. First, why does the region require significant new incentives for the construction of nuclear and coal-fired power plants? Second, why must Congress link urgently needed encouragement of conservation and renewable energy measures to the creation of such incentives?

Material Witness And Material Injustice, Ronald L. Carlson, Mark S. Voelpel

Scholarly Works

No serious student of the adversary system can ignore the grave threat to the integrity of the American witness process posed by this nation’s material witness statutes. These outmoded laws, some dating back to the territorial period of a state’s history, are not invoked in every case, perhaps not even routinely, but when dusted off and put into operation, these archaic statutes result in innocent citizens spending weeks – even months – in custody. To remedy such injustices the authors, after examining cases decided and legislation adopted during the last ten years, will propose a model material witness law that …

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

Legislation: Cooperation As The Key To Effectuation Of The Indian Child Welfare Act, Suzanne Broadbent

American Indian Law Review

No abstract provided.

United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson

American Indian Law Review

No abstract provided.

Statutes Of Nonstatutory Origin, R. Perry Sentell Jr.

Scholarly Works

It is appealing, perhaps, to envision the legislative process as the fountainhead of public policy, most representative of society's felt needs, and the branch of government most unrestrained in responding to those needs. Shackled by neither the presence of a specific litigated controversy nor the absence of the power of appropriation, the legislative branch presumably possesses the most peripheral perspective and the most undiluted source of solution. Bounded only by the vague confines of practical politics, the legislature enjoys unique theoretical status in foreseeing and formulating rather than merely reflecting and reacting.

The Uniform Child Custody Jurisdiction Act In Virginia, Elizabeth Carrington Shuff

University of Richmond Law Review

Due to the dramatic rise over the last decade in the number of child custody disputes between parents who are geographically separated, courts increasingly are faced with interstate litigation and its attendant legal and emotional problems. Because foreign state custody decrees traditionally have been viewed as modifiable and therefore have not been accorded the respect given to final decrees, parents who lose in one state have been encouraged to seek a more favorable forum in a second state. By employing such self-help methods as "child snatching,"' a parent can avail himself of a second day in court.

Jurisdiction, Myres S. Mcdougal

International Law Studies

No abstract provided.

Disqualifications Of Decisional Officials In Rulemaking, Peter L. Strauss

Faculty Scholarship

What constraints on impartiality govern agency officials responsible for decisions in proceedings other than on-the-record adjudications? The past few years have witnessed the emergence of a striking body of professional debate, statute, and case law concerning ethics in government and the control of "special interest" influence on governmental decisions. Higher standards for conflict of interest, expanded constraints on ex parte communications, and enlarged concems about separation of functions within the agencies are parts of this development. Another strand, tangled with the others yet doctrinally distinct, concerns the disqualification of responsible government officials for their prior contacts with or expressions of …

Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Protection Of Battered Women: A Survey Of State Legislation, Lisa G. Lerman

Scholarly Articles

No abstract provided.

The Federal Bribery Statute: An Argument For Cautious Revision, Susan Daunhauer Phillips

Kentucky Law Journal

No abstract provided.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

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 …

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.

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.

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 …

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 …

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

Florida State University Law Review

No abstract provided.

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

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