Law Commons^™

Running The Gauntlet Of "Undue Hardship" - The Discharge Of Student Loans In Bankruptcy, Janice E. Kosel

Publications

No abstract provided.

Nigerian Foreign Policy Under The Constitution Of The Federal Republic Of Nigeria (1979), Christian N. Okeke

Publications

It is proposed to divide this paper into two main parts. The first part will be concerned with a review of the philosophies that formerly underlined Nigeria's international activities, in other words, the foreign policy objectives enunciated by the country's leaders on the eve of independence in 1960. By so doing, it is intended to ascertain to what extent there has been a shift from old practices in the foreign policy of the country. The second part will attempt to analyze the statements and/or provisions concerning Nigerian foreign policy contained in the 1979 Presidential Constitution. Finally, an attempt will be …

Calculation Of Attorneys' Fees Awards In Title Vii Actions Against Private Defendants, Drucilla S. Ramey

Publications

In this article it will be argued that the legislative history of the attorneys' fees provision of Title VII requires that fee awards be computed by a method which produces fees sufficient to sustain a Title VII bar, and that this may best be accomplished by a modified version of the approach customarily used in the antitrust area.

First addressed will be a brief overview of Title VII litigation problems, with emphasis on the complexity, duration, and high-risk nature of the work involved. Then follows a discussion of the legislative purpose of Title VII and its fee provisions, with particular …

Educating Children Of Immigrant Workers: Language Policies In France & The Usa, Stephen A. Rosenbaum

Publications

This article presents a comparative overview of education law and policy addressing the linguistic and cultural needs of migrant children in two destination countries of immigration. The author relies on the experience of the United States and France as two important immigrant host countries in the industrialized west, or Global North. Part I documents the legal instruments, i.e. the major legislative acts, administrative regulations and judicial decisions, adopted in both countries. Part II compares and critiques the policies promoted by the law in these two countries. Both France and the U.S. have instituted educational programs designed to meet the special …

A Comment On The Burger Court And "Judicial Activism", Robert F. Nagel

Publications

No abstract provided.

Recent Development, Constitutional Law: Protection Against Illegal Search And Seizure--Blackie's House Of Beef, Inc. V. Castillo, No. 79-1057 & 79-2358 (D.C. Cir. July 22, 1981), Stephen James Anaya

Publications

No abstract provided.

Federalism As A Fundamental Value: National League Of Cities In Perspective, Robert F. Nagel

Publications

No abstract provided.

Accounting For Mergers, Acquisitions And Investments, In A Nutshell: The Interrelationships Of, And Criteria For, Purchase Or Pooling, The Equity Method, And Parent-Company-Only And Consolidated Statements, Ted J. Fiflis

Publications

No abstract provided.

Mens Rea And The Colorado Criminal Code, Marianne Wesson

Publications

No abstract provided.

Perspectives On Water And Energy In The American West And In Indian Country, Charles F. Wilkinson

Publications

No abstract provided.

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 …

Water Rights On Indian Allotments, David H. Getches

Publications

Development of individually-held reservation lands for agriculture, mining, or commerce almost always depends on a supply of water. Thus, it is essential that owners of land within a reservation have some certainty of their water rights. No statute or other source, however, expressly defines water rights on Indian allotments. This article attempts to define those water rights by examining the allotment policy and legislation in light of the reserved water rights doctrine. The author concludes that no reserved rights may be held by individuals, but that during the period of trust some of those rights may be used by allottees. …

Judge Frankel And The Adversary System, William T. Pizzi

Publications

No abstract provided.

Nineteen Eighty: Being An Interview With William O. Douglas Shortly After His Death Together With A Brief Remembrance Of His Life, Marc Stickgold

Publications

No abstract provided.

Qualified Disclaimers Of Joint Tenancies: A Policy And Property Law Analysis, Helen E. Hartnell, D. L. Uchtmann

Publications

In light of the present position of the Service on the issue of joint tenancy disclaimers and the importance of this issue in many estates, a thorough analysis of this issue is warranted. The following sections of this Article will examine: 1) whether such a disclaimer should be treated as a "qualified disclaimer" on policy grounds; and 2) whether a disclaimer or the "accretive portion" of a joint tenancy interest by a surviving joint tenant meets the technical requirements of a "qualified disclaimer" under federal law in light of contemporary property law.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

The Privilege Against Self-Incrimination In Civil Commitment Proceedings, Marianne Wesson

Publications

No abstract provided.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Adversary Model Is Bent, William T. Pizzi, Phillip S. Figa, Kenneth E. Barnhill, Jr.

Publications

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

The Jury-Some Thoughts, Historical And Personal, Peter Keane

Publications

rich baggage of our heritage and origins as a communal people. It is both what we have been and what we are now. From the jury's first crude forms developed by our primitive ancestors in thick groves of forest clearings, to contemporary juries in modern courtrooms listening to testimony about DNA and E. Coli Bacteria, the institution has been adequate to the tasks we give it. A jury is a more representative societal mechanism of our culture than anything else in which we participate as citizens.

Constitutional Review: Supreme Court, October 1977 Term, Marc Greenberg

Publications

This review of Supreme Court cases address the News Media and the Broadcast Media and the First Amendment.

The Impact Of Law On Marketing, Christian N. Okeke

Publications

No abstract provided.

Moderator's Remarks, Institutional Due Process In The Twenty-First Century: The Future Of The Hearing Requirement, Harold H. Bruff

Publications

No abstract provided.

Implied Limitations On The Jurisdiction Of Indian Tribes, Richard B. Collins

Publications

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

A Prison And A Prisoner: The Provincial's View, Emily Calhoun

Publications

No abstract provided.

Book Review, Robert F. Nagel

Publications

No abstract provided.

National Juvenile Justice Program Collaboration - Evaluation Report, Genevieve Burch

Publications

Evaluation of a Collaboration of National Non-Profit Health and Welfare Organizations as They Worked Together to Serve Status Offenders and Other Youth at Risk

Chapter 2: Yesterday's Paranoia Is Today's Reality: Documentation Of Police Surveillance Of First Amendment Activity, Marc Stickgold

Publications

A member of the Michigan Association for Consumer Protection discovered that the Michigan State Police had been making inquiries concerning the activities and political views of the group and its members. The result of this revelation was Benkert v. Michigan State Police, a suit challenging the legality of such a politically motivated inquiry, as well as attacking the entire "subversive investigations" apparatus of the state police. Following publicity about the suit and the police admission that the "inquiry" was "unauthorized," the complaint was amended to greatly expand the suit. It has since proceeded with fourteen plaintiffs as representatives of …