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Articles 1 - 23 of 23

Full-Text Articles in Law

Rent Control: End Of An Era, Myron Moskovitz Jun 1985

Rent Control: End Of An Era, Myron Moskovitz

Publications

No abstract provided.


Seventh Report On Jurisdictional Immunities Of States And Their Property, Sompong Sucharitkul Mar 1985

Seventh Report On Jurisdictional Immunities Of States And Their Property, Sompong Sucharitkul

Publications

This report is the seventh in the series of reports on jurisdictional immunities of States and their property submitted to the International Law Commission by the Special Rapporteur. Since the present report was begun a few months after the end of the Commission's thirty-sixth session and completed shortly after the conclusion of the thirty-ninth session of the General Assembly, it was not possible to include any account of the discussion on the topic in the Sixth Committee of the General Assembly. However, sufficient progress has been made in the examination of the draft articles in first reading to warrant consideration …


A New Approach To The Fourth Amendment In Light Of Proposition Eight, Robert K. Calhoun Jan 1985

A New Approach To The Fourth Amendment In Light Of Proposition Eight, Robert K. Calhoun

Publications

The purpose of this article is quite simple. It confines itself to the area of search and seizure law and begins by assuming the worst-that the Court eventually rules that a federal standard applies to all such suppression issues. It then goes on to propose an argument which is intended to rescue as much of California's independent search and seizure law as is possible.


The Future Course Of The Winters Doctrine, Richard B. Collins Jan 1985

The Future Course Of The Winters Doctrine, Richard B. Collins

Publications

No abstract provided.


Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches Jan 1985

Controlling Groundwater Use And Quality: A Fragmented System, David H. Getches

Publications

No abstract provided.


Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson Jan 1985

Historical Truth, Narrative Truth, And Expert Testimony, Marianne Wesson

Publications

No abstract provided.


Indian Allotment Water Rights, Richard B. Collins Jan 1985

Indian Allotment Water Rights, Richard B. Collins

Publications

Allotted tribal lands create troublesome questions for western water lawyers. In this article the author reviews the history of basic Indian reservation water rights created by the Supreme Court's landmark decision in Winters v. United States. He then explains the disposition of those rights when reservation lands are allotted. Finally, he discusses the difficult issues that arise when allotted lands pass from the federal trust become subject to state law, and are transferred to non-Indians.


The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun Jan 1985

The First Amendment And Distributional Voting Rights Controversies, Emily M. Calhoun

Publications

No abstract provided.


Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins Jan 1985

Can A Tribal Court Be Enjoined From Exercising Jurisdiction Over Nonmembers Of The Tribe?, Richard B. Collins

Publications

No abstract provided.


Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins Jan 1985

Are The Pueblo Indians Too "Civilized" For Federal Indian Law?, Richard B. Collins

Publications

No abstract provided.


Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy Jan 1985

Environmental Management In A North Sea Coastal Zone: Law, Institutions And Policy, Lakshman Guruswamy

Publications

No abstract provided.


Tender Offer Litigation And State Law, Mark J. Loewenstein Jan 1985

Tender Offer Litigation And State Law, Mark J. Loewenstein

Publications

The recent spate of hostile takeover battles has focused attention and criticism on the federal securities laws. Most claims of defeated offerors and disappointed shareholders have been based on sections 14(e) and 10(b) of the Securities Exchange Act of 1934. The United States Supreme Court, however, has limited such federal remedies and suggested that plaintiffs bring state-law actions for interference with a prospective economic advantage. Professor Loewenstein discusses this tort, which has not been used widely in this context, and reviews the tort's traditional elements, its formulation in the Restatement (Second) of Torts, and its recent treatment by state courts. …


The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi Jan 1985

The Privilege Against Self-Incrimination In A Rescue Situation, William T. Pizzi

Publications

No abstract provided.


Book Review, Pierre Schlag Jan 1985

Book Review, Pierre Schlag

Publications

No abstract provided.


Western Water Law In Transition, Charles F. Wilkinson Jan 1985

Western Water Law In Transition, Charles F. Wilkinson

Publications

No abstract provided.


Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson Jan 1985

Land And Resource Planning In The National Forests, Charles F. Wilkinson, H. Michael Anderson

Publications

No abstract provided.


The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson Jan 1985

The Quest To Enforce The Old Promises: Indian Law In The Modern Era, Charles Wilkinson

Publications

No abstract provided.


Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins Jan 1985

Can An Indian Tribe Recover Land Illegally Taken In The Seventeenth Century?, Richard B. Collins

Publications

No abstract provided.


Competing Demands For The Colorado River, David H. Getches Jan 1985

Competing Demands For The Colorado River, David H. Getches

Publications

No abstract provided.


The Formulaic Constitution, Robert F. Nagel Jan 1985

The Formulaic Constitution, Robert F. Nagel

Publications

The Supreme Court's constitutional jurisprudence of late has been filled with formulae - tests that must be met, hurdles that must be overcome. This multi-pronged analytical technique is, according to Professor Nagel, distancing the Justices from both their audience, the American public, and their text, the Constitution. In an effort to retain the authority of that text, the Court is instead displacing it; in an effort to persuade that audience, the Court is instead excluding it. Furthermore, the Court's attempt to constrain judges has actually created an irresponsible judicial freedom, while its attempt to locate a middle ground between the …


Rules And Standards, Pierre Schlag Jan 1985

Rules And Standards, Pierre Schlag

Publications

No abstract provided.


Framers Intent: The Illegitimate Uses Of History, Pierre Schlag Jan 1985

Framers Intent: The Illegitimate Uses Of History, Pierre Schlag

Publications

No abstract provided.


Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace Jan 1985

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government?, Mark Squillace

Publications

No abstract provided.