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Articles 8311 - 8340 of 8707
Full-Text Articles in Law
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Federal Environmental Review Requirements Other Than Nepa: The Emerging Challenge, Ronald H. Rosenberg, Allen H. Olson
Faculty Publications
No abstract provided.
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown
Faculty Publications
No abstract provided.
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
The Trade Act Of 1974 Revisited: The Need For Further Reform, Scott C. Whitney
Faculty Publications
Approximately four months after President Ford signed into law the Trade Act of 1974,1 the first petition for import relief was filed invoking the "liberalized" provisions of Title II.2 In the three years since the effective date of the 1974 Act, the United States International Trade Commission (ITC) has instituted investigations concerning a wide variety of commodities. 3 Nonetheless, even though Congress by enacting the 1974 Act intended to minimize the President's control over trade policy and to make import relief more accessible to both industry and labor, the lTC's recommendations have rarely been followed. This article will analyze the …
Construction Has Begun, William B. Spong Jr.
Construction Has Begun, William B. Spong Jr.
Faculty Publications
No abstract provided.
The Affinity Provisions Of The Internal Revenue Code: A Case Study In Nonsimplification, Glenn E. Coven
The Affinity Provisions Of The Internal Revenue Code: A Case Study In Nonsimplification, Glenn E. Coven
Faculty Publications
No abstract provided.
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
The Mobius Strip Of The First Amendment: Perspectives On Red Lion, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
The Supreme Court, Warrantless Searches, And Exigent Circumstances, Richard A. Williamson
Faculty Publications
No abstract provided.
Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne
Does Article V Restrict The States To Calling Unlimited Conventions Only? - A Letter To A Colleague, William W. Van Alstyne
Faculty Publications
From time to time, various state legislatures have adopted resolutions designed to require Congress to call a limited convention in which one or another possible amendments to the Constitution might be proposed. In 1967, thirty-two states, two short of the requisite two-thirds filed such resolutions requesting a convention for the purpose of considering an amendment to "overrule" the Supreme Court's principal reapportionment decisions. In 1971, Senator Ervin of North Carolina introduced a bill to provide guidelines to be followed upon a state call for a convention. This year, approximately twenty-eight states have adopted some kind of resolution for the purpose …
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Fear, Risk And The First Amendment: Unraveling The Chilling Effect, Frederick Schauer
Faculty Publications
No abstract provided.
Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee
Erisa's "Bad Boy": Forfeiture For Cause In Retirement Plans, John W. Lee
Faculty Publications
No abstract provided.
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Miranda V. Arizona: The Law Today, Fredric I. Lederer
Faculty Publications
No abstract provided.
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
On Being Imposed Upon By Artful Or Designing Persons - The California Experience With The Involuntary Placement Of The Aged, George J. Alexander
Faculty Publications
No abstract provided.
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Reappraising The Legality Of Post-Trial Interviews, Fredric I. Lederer
Faculty Publications
No abstract provided.
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Replacing The Exclusionary Rule With Administrative Rulemaking, Francis A. Gilligan, Fredric I. Lederer
Faculty Publications
No abstract provided.
Proposed Regs. Under 355 Overhaul Device Test And Single-Business Divisions, John W. Lee
Proposed Regs. Under 355 Overhaul Device Test And Single-Business Divisions, John W. Lee
Faculty Publications
Newly issued Proposed Regulations, under Section 355, follow recent decisions allowing horizontal divisions of a single business. In addition, the proposals introduce factors for determining whether a Section 355 transaction is a device for bailing out earnings" Mr. Lee analyzes these and other changes in the Proposed Regulations.
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Conspiracy: The Criminal Agreement, In Theory And In Practice, Paul Marcus
Faculty Publications
Professor Marcus combines empirical research and theoretical analysis in this comprehensive study of the conspiracy doctrine. The article shows that the theoretical reasons for the conspiracy doctrine are inapplicable to most actual conspiracy prosecutions and that the practical reasons for conspiracy charges are often unacceptable prosecutorial shortcuts. Although ultimately concluding that the conspiracy doctrine is needed in some limited instances, Professor Marcus indicates that prosecutors should bring conspiracy charges only when justified by proper reasons and that courts should consider such charges more carefully.
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Civilizing Pornography: The Case For An Exclusive Obscenity Nuisance Statute, Doug R. Rendleman
Faculty Publications
Criminal penalties are increasingly perceived to be too severe for regulating obscenity. Professor Rendleman shares this perception and suggests that we replace criminal obscenity laws with an exclusive civil sanction utilizing injunctions. He proposes a comprehensive nuisance statute and discusses the various issues that arise in the equitable regulation of pornography.
Secs. 465 And 714(D): Invest At Your Own Risk, John W. Lee, Richard E. Fogg
Secs. 465 And 714(D): Invest At Your Own Risk, John W. Lee, Richard E. Fogg
Faculty Publications
No abstract provided.
Products Liability - The Defense Position, John J. Kircher
Products Liability - The Defense Position, John J. Kircher
Faculty Publications
No abstract provided.
Arbitration Perspective - Viable Alternative To Litigation?, John J. Kircher
Arbitration Perspective - Viable Alternative To Litigation?, John J. Kircher
Faculty Publications
No abstract provided.
Products Liability - Where Is The Borderline Now?, James D. Ghiardi
Products Liability - Where Is The Borderline Now?, James D. Ghiardi
Faculty Publications
No abstract provided.
The Highly Blameworthy Manufacturer: Implications On Rules Of Liability And Defense In Products Liability Actions, David Owen
Faculty Publications
No abstract provided.
Fraudulently Induced Consent To Intentional Torts, David A. Fischer
Fraudulently Induced Consent To Intentional Torts, David A. Fischer
Faculty Publications
This article will first proceed with a brief discussion of the nature of consent, the origin and application of the Restatement rule, and the exceptions to the rule which limit its application. A detailed analysis of the cases will follow.
Financing Condominiums And Cooperatives, Dale A. Whitman
Financing Condominiums And Cooperatives, Dale A. Whitman
Faculty Publications
This article will deal with legal problems relating to the financing of condominiums and cooperatives. While space does not permit a detailed treatment of the non-financing aspects of these forms of ownership, a rudimentary overview of the legal relationships involved will preface discussion of the central topic. Both condominiums and cooperatives are legal formats for “unit ownership” – that is, the ownership of a physically defined portion of a larger parcel of (usually improved) real property. In the majority of cases, the “unit” is a residential apartment in a multifamily housing project. Condominiums are much more tightly controlled by stage …
The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson
The Installment Land Contract--A National Viewpoint, Dale A. Whitman, Grant S. Nelson
Faculty Publications
The installment land contract is rarely used in some states, but in many it is the predominant means of vendor financing of land sales. Much has been written about it, but nearly all of the literature focuses on the law of one particular state or another. Our purpose here is to provide a nationwide perspective, with particular attention to the states in which the contract has been widely used and extensively litigated. We propose to examine the reasons for the installment contract's popularity, its advantages and disadvantages, and the risks it presents to both vendor and purchaser.
Employment Discrimination Law, Cynthia Mertens
Employment Discrimination Law, Cynthia Mertens
Faculty Publications
Employment Discrimination Law must be on the desk of every practitioner in this field and in all law libraries. The volume is also an excellent teaching tool. There is no question that the authors' two primary objectives have been met; the book is of "significant and equal value to practitioner and student and of substantial value to the sophisticated non-lawyer," and is "balanced and non-partisan.
Is Affirmative Action Reverse Discrimination?, George J. Alexander
Is Affirmative Action Reverse Discrimination?, George J. Alexander
Faculty Publications
No abstract provided.
Passive Use Of The Radio Spectrum For Scientific Purposes And The Frequency Allocation Process, George J. Alexander, Mark A. Stull
Passive Use Of The Radio Spectrum For Scientific Purposes And The Frequency Allocation Process, George J. Alexander, Mark A. Stull
Faculty Publications
No abstract provided.
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Tenure Rights In Contractual And Constitutional Context, Ronald C. Brown
Faculty Publications
No abstract provided.
New Developments In The Taxation Of Real Estate Partnerships, Michael T. Madison
New Developments In The Taxation Of Real Estate Partnerships, Michael T. Madison
Faculty Publications
No abstract provided.