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Articles 7981 - 8010 of 8707
Full-Text Articles in Law
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Allocating Consumptive Water Rights In A Riparian Jurisdiction: Defining The Relationship Between Public And Private Interests, Lynda L. Butler
Faculty Publications
Historically, water consumption in the eastern United States has been governed by the common-law riparian doctrine. Fashioned to protect the domestic uses of private individuals in a largely agrarian society, the doctrine is not well suited to today's environment in which the demands of public users have grown enormously. Even in the East, where water has long been abundant, the effects of increased consumption, pollution, and periodic drought have brought the continued viability of the doctrine into question. Professor Butler examines the legal standards which have developed under the riparian doctrine and identifies three principal areas in which the doctrine …
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Reflections Upon Federal And State Control Of Administrative Policy Making, Paul R. Verkuil
Faculty Publications
No abstract provided.
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
The Economic And Cultural Impact Of The Origins Of Property: 1180-1220, Robert C. Palmer
Faculty Publications
No abstract provided.
A Constitutional Right To Home Instruction?, Neal Devins
A Constitutional Right To Home Instruction?, Neal Devins
Faculty Publications
No abstract provided.
The Trouble With Jaycees, Neal Devins
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Legal Positivism And Federalism: The Certification Experience, Paul A. Lebel
Faculty Publications
No abstract provided.
Deterrence And Desert In Tort: A Comment, David G. Owen
Deterrence And Desert In Tort: A Comment, David G. Owen
Faculty Publications
No abstract provided.
Book Review Of The Second American Revolution, Neal Devins
Book Review Of The Second American Revolution, Neal Devins
Faculty Publications
No abstract provided.
A Message From The New Dean, Timothy J. Sullivan
A Message From The New Dean, Timothy J. Sullivan
Faculty Publications
No abstract provided.
The Origins Of Property In England, Robert C. Palmer
The Origins Of Property In England, Robert C. Palmer
Faculty Publications
No abstract provided.
Federal Jurisdiction, Thomas E. Baker
Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman
Please Fasten Your Safety Belts For Landing: The Law Of Recovery And Liability In International Flights, Michael P. Waxman
Faculty Publications
No abstract provided.
When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig
When Can An Employee Sue For The Bad Faith Failure To Pay Benefits Provided By A Collective Bargaining Agreement?, Jay E. Grenig
Faculty Publications
No abstract provided.
Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman
Compelling Dumping In The United States: Can Foreign Governments Shield Unfair Trade Practices?, Michael P. Waxman
Faculty Publications
No abstract provided.
Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman
Damages Awards In International Flight Disasters: The Court Takes Another Look, Michael Peter Waxman
Faculty Publications
No abstract provided.
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Use Of Government Funding And Taxing Power To Regulate Schools, Carl H. Esbeck, Kline Capps
Faculty Publications
The past two decades in America have witnessed a resurgence of interest in religious-based schooling. Manifestations of this trend are evident in the increased number of primary and secondary students enrolled in religious schools and the rapidity with which new church-affiliated schools are being opened.
Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck
Toward A General Theory Of Church-State Relations And The First Amendment, Carl H. Esbeck
Faculty Publications
Although government intervention in religious affairs is a new and understandably worrisome experience for many American churches, history instructs us that the confrontation is not novel. We can find some comfort in the fact that this double wrestle of state with church and state with individual believers is a perennial match. After all, it has been nearly sixty years since a brutish measure in Oregon making parochial school education unlawful had to be sidelined by the United States Supreme Court in Pierce v. Society of Sisters.' Over forty-five years ago the Supreme Court decided Lovell v. City of Griffin, snuffing …
Introduction And Welcome, Gerald F. Uelmen
Foreward: The Use And Control Of Punitive Damages, David Owen
Foreward: The Use And Control Of Punitive Damages, David Owen
Faculty Publications
No abstract provided.
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
A Critical Analysis Of The New Uniform Fraudulent Transfer Act, Peter A. Alces, Luther M. Dorr
Faculty Publications
No abstract provided.
Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson
Installment Land Contracts--The National Scene Revisited, Dale A. Whitman, Grant S. Nelson
Faculty Publications
In 1977 we published an article in this Review that discussed the legal aspects of the installment land contract. The installment contract was then, and continues to be, widely used as a device for seller financing of real estate. In our judgment, and increasingly in the judgment of the courts, that is a mistake. Few situations, if any, would lead an informed lawyer to advise his client to use an installment contract rather than its financing cousin, the note secured by a mortgage or deed of trust. Since the prior article was published, the courts have continued to place impediments …
Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance
Legal Theory And The Pivotal Role Of The Concept Of Coercion, Dale A. Nance
Faculty Publications
This paper addresses an important problem in modem legal philosophy: the problem of identifying the proper role of the concept of coercion in a general theory of the nature of law. The present state of philosophical art on this topic is the legacy of difficulties arising from a naive positivism - generally thought to have over-emphasized the role of coercive power. The resulting reaction in modem jurisprudence against the focus upon coercion reflects a failure to come to grips fully with the underlying methodological issues of descriptive legal theory.
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Polygraph And Deception Tests: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
Expert Testimony, Paul C. Giannelli
Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli
Transfer Of Jurisdiction From The Juvenile Court, Paul C. Giannelli
Faculty Publications
No abstract provided.
The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck
The Naked Public Square: Religion And Democracy In America , Carl H. Esbeck
Faculty Publications
A crisis of confidence in our institutions and talk about loss of life's purpose are everywhere. Sociologists describe the modern individual's sense of isolation, his so-called spiritual homelessness, his weakening sense of values, and his bewilderment in the face of seemingly impersonal forces before which he feels helpless and often victimized.
Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman
Preface: Missouri Law Review--1913-1936-1986, Dale A. Whitman
Faculty Publications
The half-century from 1936 to 1986 has seen astonishing growth in the law and in legal education. Among countless illustrations are the enormous expansion of the law of products liability, the promulgation and adoption of numerous Model and Uniform Acts and Codes, and the adoption of the Federal Rules of Civil Procedure and of Evidence. In Missouri, procedural civil and criminal codes have been created, a new Constitution has been adopted, and the judiciary has recently abandoned the doctrine of contributory negligence in favor of a system of pure comparative fault, working a fundamental change in our common law of …
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Coercive Appointments Of Counsel In Civil Cases In Forma Pauperis: An Easy Case Makes Hard Law, William B. Fisch
Faculty Publications
The power to appoint an unwilling attorney, whether judicial or statutory in origin, has been challenged in principle on three grounds, founded in the Federal Constitution and its state counterparts: (i) that to require the lawyer to serve constitutes involuntary servitude, within the meaning of the thirteenth amendment;' (ii) that it constitutes an unlawful taking of property, or at the very least constitutes a taking for a public use which requires just compensation, under the fifth amendment;8 and (iii) that to subject attorneys as a class to such an obligation constitutes discrimination which would deny them equal protection of the …
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Justifying Unisex Insurance: Another Perspective, Robert H. Jerry Ii, Kyle B. Mansfield
Faculty Publications
This Article contends that gender is an impermissible basis for calculating insurance premiums and payments. Although this Article agrees with the arguments of those who share this view, it offers a different justification for eliminating gender discrimination in insurance. Part I of this Article briefly reviews the status of existing restrictions on gender discrimination in insurance. Part II examines the issues involved in gender-based insurance rating from the perspective of both insurers and advocates of individual equality. Part III presents a new justification for unisex insurance.
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Territorial Authority And Personal Jurisdiction, Arthur M. Weisburd
Faculty Publications
No abstract provided.