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1983

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Full-Text Articles in Law

Statutes Of Limitations And Defendant Class Actions, Michigan Law Review Nov 1983

Statutes Of Limitations And Defendant Class Actions, Michigan Law Review

Michigan Law Review

This Note argues that in defendant class actions the statute of limitations should be tolled as to all named and absent class members upon informal notice given by the plaintiff at the beginning of the suit. Part I examines the purposes of statutes of limitations and class actions, and the manner in which these purposes were reconciled in American Pipe. It concludes that American Pipe requires the creation of a tolling doctrine that promotes both the fair notice policy that underlies statutes of limitations and the concern for litigative economy that underlies rule 23 class actions. Part II then demonstrates ...


Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby Oct 1983

Notice To Class Members Under The Fair Labor Standards Act Representative Action Provision, Thomas Ashby

University of Michigan Journal of Law Reform

Federal courts currently apply different standards concerning the permissibility of notice. Although the Ninth Circuit forbids notice and the Seventh Circuit grants plaintiffs a right to send notice, the Second Circuit permits notice only in appropriate cases. This Note advocates that plaintiffs in FLSA and ADEA actions should be allowed to notify potential class members in appropriate cases. Part I analyzes inherent court powers, statutes, legislative history, and federal policies relating to notice. It concludes that enactment of FLSA and ADEA remedies did not alter the inherent power of federal courts to permit or prohibit notice. On the contrary, only ...


Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer Oct 1983

Recognition Of The National Football League As A Single Entity Under Section 1 Of The Sherman Act: Implications Of The Consumer Welfare Model, Myron C. Grauer

Michigan Law Review

This article argues that Justice Rehnquist has analyzed the operational structure of the NFL in a manner that is consistent with proper antitrust enforcement policy, and expands upon the view that he espoused. It contends that the NFL is analogous to a law firm partnership, with the teams analogous to departments or partners that can make operating rules for the firm without fear of violating section 1 of the Sherman Act. In arriving at the opposite conclusion, both the Oakland Raiders and NASL courts relied on several cases involving player restraints that presupposed that teams in professional sports leagues, such ...


The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review Oct 1983

The Scope Of Judicial Review Of Consent Decrees Under The Antitrust Procedures And Penalties Act Of 1974, Michigan Law Review

Michigan Law Review

In the wake of this uncertainty, this Note analyzes the proper scope of judicial review of consent decrees. The Note argues that to further the policies embodied in the APP A, courts should undertake intense review of proposed settlements before entering them as final judgments. Both the congressional intent in enacting the APP A and the public's interest in effective enforcement of the antitrust laws support intense judicial review. The Note then demonstrates that the deferential standard that some courts have applied is derived mainly from a case that is inapplicable to the review of consent decrees. Finally, the ...


The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever Jul 1983

The Role Of Oral Argument At The U.S. Supreme Court-- A View From The Podium, Arthur R. Landever

Law Faculty Articles and Essays

This article has offered survey results of the attitudes of lawyers who have made oral arguments at the U.S. Supreme Court. Respondents generally approve of the current process, find the justices relatively well prepared, and the questions generally useful. At the same time, they express some uncertainty about whether the oral argument phase had any impact in their particular cases. By and large, they take as a given, the important function of oral argument as a supplement to the written brief.


A Case Of Unexamined Assumptions: The Use And Misuse Of The Statistical Analysis Of Castaneda/Hazelwood In Discrimination Litigation, Thomas J. Sugrue, William B. Fairley Jul 1983

A Case Of Unexamined Assumptions: The Use And Misuse Of The Statistical Analysis Of Castaneda/Hazelwood In Discrimination Litigation, Thomas J. Sugrue, William B. Fairley

Boston College Law Review

No abstract provided.


John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater Jul 1983

John Hinckley, Jr. And The Insanity Defense: The Public's Verdict, Valerie P. Hans, Dan Slater

Cornell Law Faculty Publications

Public furor over the Not Guilty by Reason of Insanity verdict in the trial of John Hinckley, Jr. already has stimulated legal changes in the insanity defense. This study documents more systematically the dimensions of negative public opinion concerning the Hinckley verdict. A survey of Delaware residents shortly after the trial's conclusion indicated that the verdict was perceived as unfair, Hinckley was viewed as not insane, the psychiatrists' testimony at the trial was not trusted, and the vast majority thought that the insanity defense was a loophole. However, survey respondents were unable to define the legal test for insanity ...


Comparative Approaches To Groundwater Management, Robert D. Hayton Jun 1983

Comparative Approaches To Groundwater Management, Robert D. Hayton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

38 pages.


Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton Jun 1983

Transboundary Groundwater Law: Focus On The U.S.-Mexico Boundary [Includes Appended Opinion In City Of El Paso Ex Rel. Pub. Serv. Bd. V. Reynolds, Civ. No. 80-730 Hb, 563 F. Supp. 279 (D.N.M. 1983)], Albert E. Utton

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

48 pages.


Problems Of Interstate Allocation Of Groundwater, Charles E. Corker Jun 1983

Problems Of Interstate Allocation Of Groundwater, Charles E. Corker

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

41 pages.


Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger Jun 1983

Federal And Indian Reserved Rights To Groundwater [Outline], Robert S. Pelcyger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

6 pages.


Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv Jun 1983

Ground Water Monitoring System And Procedures At Kin-Buc I Landfill Middlesex County New Jersey, Dan D. Raviv

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

37 pages (includes illustrations and map).


Ogallala Ground Water, Morton W. Bittinger Jun 1983

Ogallala Ground Water, Morton W. Bittinger

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.


The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson Jun 1983

The San Luis Valley Groundwater Dispute, David Harrison, Jeris Danielson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes illustrations and map).


Groundwater Management Under The Florida Water Resources Act, Richard Hamann Jun 1983

Groundwater Management Under The Florida Water Resources Act, Richard Hamann

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

44 pages (includes maps).


Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews Jun 1983

Groundwater And Intergovernmental Relations In The Southern San Joaquin Valley, California, Sally K. Fairfax, Barbara T. Andrews

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

25 pages (includes maps).


Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen Jun 1983

Groundwater Pollution Problems In Mining And Energy Production, Henry W. Ipsen

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

17 pages.


Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer Jun 1983

Subsidence Of Land Caused By Ground-Water Pumping, Thomas L. Holzer

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

22 pages (includes illustration).

Contains references (pages 2-6).


Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza Jun 1983

Groundwater Quality: The Issues, Remedies And Strategies, Kathleen M. Kulasza

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

34 pages.


Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson Jun 1983

Legal Systems For Allocating Groundwater And Controlling Its Extraction, Charles F. Wilkinson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

22 pages (includes illustration).

Contains research sources list (pages 1-2).


Observations On Groundwater Law From The Federal Perspective, Carol E. Dinkins Jun 1983

Observations On Groundwater Law From The Federal Perspective, Carol E. Dinkins

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

66 pages.

Contains several cases and US Congress bills as supplemental materials.

Digitized copy lacks the Memorandum Opinion for City of El Paso v. Reynolds (563 F.Supp 379 (D. New Mexico 1983)).


Sustaining Aquifer Productivity, Harrison C. Dunning Jun 1983

Sustaining Aquifer Productivity, Harrison C. Dunning

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

12 pages.

Includes full text of the Owens Valley Groundwater Management Referendum Measure A, which is an ordinance to regulate the extraction of groundwater within the Owens Valley groundwater basin.


Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson Jun 1983

Hydrology: Unraveling The Mysteries Of Groundwater Occurrence And Movement, Thomas M. Stetson

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

31 pages (includes illustrations).

Glossary omitted.


Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center Jun 1983

Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center

Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)

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.)

University of Colorado School of Law professors James N. Corbridge, Jr ...


Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin Jun 1983

Equity, Due Process And The Seventh Amendment: A Commentary On The Zenith Case, Patrick Devlin

Michigan Law Review

The seventh amendment to the United States Constitution requires that "[i]n Suits at common law . . . the right of trial by jury shall be preserved." What exactly is a suit at common law? When the amendment was enacted in 1791, there was no law that was common to all the states. In 1812 Supreme Court Justice Story, in a Circuit Court ruling, held that the common law alluded to was the common law of England, "the grand reservoir of all of our jurisprudence." This means that when today an American judge has to decide whether in any set of proceedings ...


Degree Of Immunity Applicable To Senior Aides Of The President Of The United States In Civil Actions Arising Under The Constitution: Harlow V. Fitzgerald, Lynda Cook May 1983

Degree Of Immunity Applicable To Senior Aides Of The President Of The United States In Civil Actions Arising Under The Constitution: Harlow V. Fitzgerald, Lynda Cook

BYU Law Review

No abstract provided.


Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper Apr 1983

Civil Rico And Parens Patriae: Lowering Litigation Barriers Through State Intervention, Beth S. Schipper

William & Mary Law Review

No abstract provided.


An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor Apr 1983

An Analysis Of The Legal, Social, And Political Issues Raised By Asbestos Litigation, John P. Burns, G. Edward Cassady, Iii, Kenneth B. Cole, Jr., Timothy R. Dodson, Philip E. Holladay, Jr., Paul C. Ney, Jr., Drew T. Parobek, Kimberly Payne, D. Blaine Sanders, L. D. Simmons, Ii, Charles D. Maguire, Jr. Special Project Editor, Laurin Blumenthal Associate Special Project Editor

Vanderbilt Law Review

This Special Project examines the most important issues of the asbestos problem and advocates a congressional solution (1) to relieve the courts of the thousands of present and potential asbestos cases, (2) to protect future claimants' rights to adequate compensation, and (3) to provide for equitable participation by all responsible parties, which, in addition to asbestos manufacturers,include the federal government, insurance companies, and the tobacco industry. The first six parts of the Special Project examine the various issues of asbestos litigation: theories of liability in products liability suits against asbestos manufacturers, causation,defenses, statutory limitations on actions, collateral estoppel ...


Evidence: Making The Record, Margaret G. Stewart Mar 1983

Evidence: Making The Record, Margaret G. Stewart

All Faculty Scholarship

No abstract provided.


Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr. Mar 1983

Conceptual Overburden In The System's Operation?: Of Judges And Scholars, Jurisdiction And All That, James Dickson Phillips Jr.

Michigan Law Review

A Review of Federal Practice and Procedure, Volumes 13-19: Jurisdiction and Related Matters by Charles Alan Wright, Arthur R. Miller, and Edward H. Cooper