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The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger Jan 2008

The Early History Of The Colorado Court Of Appeals, Robert M. Linz, Claire E. Munger

Publications

No abstract provided.


Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser Jan 2001

Federal Common Law, Cooperative Federalism, And The Enforcement Of The Telecom Act, Philip J. Weiser

Publications

Congress increasingly has enacted cooperative federalism programs to achieve complex regulatory policy objectives. Such programs combine the authority of federal regulators, state regulators, and federal courts in creative and often pathmarking ways, but the failure of these actors to appreciate fully their respective roles threatens to undermine cooperative federalism's effectiveness. In this Article, Professor Philip Weiser develops a coherent vision of how federal courts should enforce cooperative federalism regulatory programs. In particular, he relates the rise and purpose of cooperative federalism to the federal courts' increased reluctance to make federal common law under the Erie doctrine and their greater deference …


Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein Jan 1989

Toward An Auction Market For Corporate Control And The Demise Of The Business Judgment Rule, Mark J. Loewenstein

Publications

No abstract provided.


Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson Jan 1982

Cross-Jurisdictional Conflicts: An Analysis Of Legitimate State Interests On Federal And Indian Lands, Charles F. Wilkinson

Publications

No abstract provided.


Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis Jan 1981

Choice Of Federal Or State Law For Attorneys' Professional Responsibility In Securities Matters, Ted J. Fiflis

Publications

Professional standards of duty are implicated in the federal securities laws in two types of cases: those instituted by the SEC to impose sanctions for lack of character or unethical conduct and those brought by the SEC or private parties for violations of substantive provisions of the securities laws. The question faced by Professor Fiflis is whether state or federal standards should define the duties imposed under these laws. He argues that the proper method of resolving this question is to apply an interest analysis. Analyzing the various state and federal interests leads Professor Fiflis to the conclusion that federal …