Law Commons^™

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

Prisoners' Rights Litigation- 42 U.S.C. §1983- Litigation: Plaintiff's View, John D. Grad, Philip J. Hirschkop

University of Richmond Law Review

During the years of the Warren Court, much social progress was achieved in this country through litigation. In the areas of civil liberties and civil rights this was chiefly done through affirmative law suits brought in federal court under the Civil Rights Act of 1870. While this Act was not widely used in its first ninety years, its development in the last two decades has been remarkable. Suits under the Constitution and this Act have brought dramatic change in the fields of civil rights and civil liberties.

A Review Of Prisoners' Rights Litigation Under 42 U .S.C . §1983, Scott D. Anderson, Theodore I. Brenner, Vera Duke, James E. Gray, Ronald M. Maupin

University of Richmond Law Review

Before the mid-1960's, the federal courts frequently invoked the "hands-off" doctrine, a rule of deference to state correctional administrators, when petitioned by inmates to review conditions in state jails and prisons. When applied, the doctrine essentially held that a state prisoner's grievance was beyond the scope of authority or competence ofthe federal judiciary. With an increasing realization during the late 1960's and early 1970's that federal court intervention into state prison matters would be necessary, the 42 U.S.C. § 19831 civil rights complaint became the leading tool for effecting change in the area of prisoners rights. In order to gain …

Punctuation And The Interpretation Of Statutes, Raymond B. Marcin

Scholarly Articles

On the morning of August 3, 1916, at Pentonville Prison in England, Roger David Casement, former Knight of the Realm, was hanged. Sir Roger's last thoughts on that ultimate morning may well have centered on the incredible series of misadventures and blunders that led to his arrest some four months earlier, but his lawyer's thoughts almost certainly centered on punctuation. It was indeed an improbable set of mishaps that led to Sir Roger's arrest, but it was punctuation that eventually and inexorably did him in.

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

Calendar Of Legislative History Of The Copyright Act Of 1909, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Section-By-Section Cross Index, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Table Of Contents, E. Fulton Brylawski, Abe Goldman

Legislative History – Copyright Act of 1909

No abstract provided.

Standing Under Rule 10b-5 After Blue Chip Stamps, Michigan Law Review

Michigan Law Review

The purpose of this Note is to analyze the opinion in Blue Chip and to ascertain the content of the Birnbaum rule as it exists today. It will first discuss the opinion of the Court in Blue Chip itself and delineate the primary policy considerations upon which the majority focused. It will then apply these policy considerations to the major categories of case law that have arisen subsequent to Birnbaum and analyze the validity of this case law in light of Blue Chip.

Implication Of Civil Remedies Under The Indian Civil Rights Act, Michigan Law Review

Michigan Law Review

This Note will discuss neither -the wisdom of the express provisions of ICRA nor the desirability of express creation by Congress of a federal civil remedy. The purpose of this Note is, instead, to analyze the bases upon which remedies have been implied by federal courts and to question whether implication is consistent with standards of statutory interpretation appropriate for Indian law. It is contended that the implication of federal civil remedies against Indian governments is improper and that if such remedies are to be created, precedent and policy mandate that they be the product of Congress. The Note will …

Program Environmental Impact Statements: Review And Remedies, Michigan Law Review

Michigan Law Review

This Note discusses the application of NEPA to federal programs. It first analyzes when the courts have required a program impact statement and draws upon that analysis to explain the relative functions of site-specific and program statements. It then examines the appropriate scope of judicial inquiry and the proper standards for reviewing federal program compliance with NEPA. Finally, the Note scrutinizes the types of remedies that may be imposed if a program does not comply with NEPA and proposes a procedure for determining the proper scope of judicial remedies.

Reforming The Federal Criminal Code: A Congressional Response, Edward M. Kennedy

North Carolina Central Law Review

No abstract provided.

Bank Securities Activities And The Need To Separate Trust Departments From Large Commercial Banks, Thomas J. Schoenbaum

University of Michigan Journal of Law Reform

This article (1) analyzes the traditional Glass-Steagall Act restrictions on banks and the leading case of Investment Company Institute v. Camp, where the Supreme Court held that the offering by commercial banks of commingled agency accounts violated the Glass-Steagall Act prohibition against underwriting securities, (2) considers the. developments since that decision, and (3) offers suggestions on an approach to devising solutions to the policy questions involved.

Objectivity And Habeas Corpus: Should Federal District Court Judges Be Permitted To Rule Upon The Validity Of Their Own Criminal Trial Conduct?, Marilyn L. Kelley

University of Michigan Journal of Law Reform

It has already been suggested that one of the main purposes of section 2255 was to provide a convenient forum in which the trial judge might testify, if necessary. That purpose is, obviously, contrary to the interpretation rendered in Carvell.

Beyond this inconsistency, Carvell suggests two significant issues: first, that it is highly desirable that the motions be passed upon by the judge who is familiar with the facts; and second, that the criminal trial judge is not likely to be misled by allegations in the 2255 petition as to what had occurred. The first issue raises the question …

Municipal Bankruptcy: The Need For An Expanded Chapter Ix, Daniel J. Goldberg

University of Michigan Journal of Law Reform

New York City's default crisis in 1975 presented to Congress and the nation the possibility of a major municipality's entering the federal bankruptcy court. Chapter IX of the Bankruptcy Act, as recently amended by Congress, provides the exclusive remedy by which local governmental units may obtain relief from burdensome indebtedness. Unlike certain other chapters of the Bankruptcy Act, Chapter IX is limited to a voluntary composition or extension of indebtedness. In recent years municipalities have developed complex systems of financing, while experiencing unprecedented expansion in the services which they must provide. Accordingly, a mere composition of municipal indebtedness is no …

Legislative Notes: The Education Of All Handicapped Children Act Of 1975, Donald W. Keim

University of Michigan Journal of Law Reform

Part I reviews the landmark judicial decisions which have established the right of handicapped children to participate in free, public education. The basic provisions of the Education of All Handicapped Children Act of 1975 are then presented in Part II. The funding provisions are discussed in Part III with particular emphasis upon the tension between the promise of federal largesse and the expense of compliance with statutory and judicial requirements. Part IV reviews prior efforts to obtain judicial recognition of a substantive right to an appropriate education and suggests some ways in which the 1975 Act may alter the framework …

Proposal For A Model Name Act, Ellen Jean Dannin

University of Michigan Journal of Law Reform

This note will discuss the common law of names relating to such issues as identity, contract, civil procedure, and criminal procedure, as well as discussing common law and statutory change of name methods. The failure of some courts to apply the existing law of names in a manner consistent with the state interest in record keeping and the personal interest in freedom of expression will be reviewed. Finally, a model act will be proposed attempting to reconcile and promote these interests.

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

Statutory Interpretation: An Outline Of Method, Jodn M. Kernochan

Dalhousie Law Journal

We are moving ever more surely and deeply these days into an age of legislation. In the past, judge-made law was the dominant feature, as it was also the matrix, the fundamental and pervasive stuff, of our legal system. Statutes were scattered islands in the ocean of common law. For some time they were regarded by the courts as peculiar incursions on the system, troubling the harmony of caselaw patterns. A legislative enactment was seen, in the words of the late Chief Justice Stone, as an "alien intruder in the house of the common law." But change has come and …

The Indiana Business Takeover Act, Philip T. Simpson, Philip C. Genetos, James D. Moore

Indiana Law Journal

No abstract provided.

Foreign Bribes And The Securities Acts' Disclosure Requirements, Michigan Law Review

Michigan Law Review

The Securities Act of 1933 and the Securities Exchange Act of 1934 require most major corporations to disclose to investors all material information concerning company operations. Although they were not intended to regulate the conduct of business, these disclosure obligations can have a deterrent effect upon improper corporate activities. The recent revelation that a significant number of corporations have been making bribes and similar payments abroad has created interest in the feasibility of employing the disclosure requirements to curtail this practice. This Note will show that, despite recent pressures for change, the Securities and Exchange Commission has continued to view …

The Cost Of Environmental Protection: A Review, Ian T. Ball

IUSTITIA

Dan Richardson's study is "an attempt to analyze present regulatory procedures in the New Jersey coastal zone, with an emphasis on the cost of these procedures to residential developers and housing consumers." Specifically, twenty-one residential developments in a coastal township were monitored from acquisition of land to final approval of the development proposal, and the costs of regulatory approvals, consulting engineering, legal, and governmental fees, as well as holding costs incurred by the developer, were itemized. The costs of the regulatory process were then broken down according to costs incurred during the local regulatory process and those costs resulting from …

An Examination Of New England's Coastal Wetlands Legislation, Joseph M. D'Eugenio

Marine Affairs Theses and Major Papers

This paper will examine the different legislative schemes that have been created in New England for the protection of coastal wetlands. It will assess how they have worked in practice, both with respect to their administration and the judicial response to them, and will outline the arguments for and against upholding restrictions on the use of wetlands under the legislation.

Fetal Research--The Legislative Answer, Roberta Sue Core

West Virginia Law Review

No abstract provided.

Consumer Protection, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Torts, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Civil Procedure, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Property, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.