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Articles 1 - 10 of 10

Full-Text Articles in Law

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin Oct 1992

Constitutionalism, Democracy And Foreign Affairs, Louis Henkin

Indiana Law Journal

No abstract provided.


Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin Jun 1992

Retroactive Application Of The Civil Rights Act Of 1991 To Pending Cases, Michele A. Estrin

Michigan Law Review

This Note addresses the applicability of the Civil Rights Act of 1991 to cases pending on the Act's date of enactment. Part I discusses current Supreme Court doctrine on the issue. This Part finds that the Court has endorsed two conflicting views on retroactively applying statutes to pending cases and that the lower federal courts consequently lack a principled framework for dealing with retroactivity issues in the 1991 Act. Part II describes the battle over the Civil Rights Acts of 1990 and 1991 and the subsequent confusion over the enacted statute's reach. This Part finds that Congress provided conflicting textual …


United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol Apr 1992

United States V. Morison: A Threat To The First Amendment Right To Publish National Security Information, David H. Topol

South Carolina Law Review

No abstract provided.


Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein Jan 1992

Thinking The Unthinkable: What Should Commercial Banks Or Their Holding Companies Be Allowed To Own?, Cynthia C. Lichtenstein

Indiana Law Journal

Symposium: The Financial Services Industry: A New World (Dis)Order?


The Lifeline Banking Controversy: Putting Deregulation To Work For The Low-Income Consumer, Edward L. Rubin Jan 1992

The Lifeline Banking Controversy: Putting Deregulation To Work For The Low-Income Consumer, Edward L. Rubin

Indiana Law Journal

Symposium: The Financial Services Industry: A New World (Dis)Order?


The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw Jan 1992

The Dormant Commerce Clause After Garcia: An Application To The Interstate Commerce Of Sanitary Landfill Space, James Hinshaw

Indiana Law Journal

No abstract provided.


Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf Jan 1992

Erisa And The Bankruptcy Code: Stepping Into Quicksand Or Something Else, Post Mackey, Maria A. Di Pippo, Gerald P. Wolf

Touro Law Review

No abstract provided.


The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus Jan 1992

The Abrogation Of Expert Dissection In Popular Music Copyright Infringement Cases: Suggested Modifications For The Implementation Of The Lay Listener Standard, Matthew W. Daus

Touro Law Review

No abstract provided.


What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney Jan 1992

What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney

Fordham Urban Law Journal

Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …


Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr. Jan 1992

Congress, The Executive Brand And The Dispute Resolution Process, Charles E. Grassley, Charles Pou Jr.

Journal of Dispute Resolution

This rapid, recent expansion in administrative proceedings and related litigation is not, of course, a unique or isolated phenomenon. It is part of a greatly increased reliance on our judiciary to decide all manner of social, political, and economic issues. Much of this litigation may be an inexorable result of complicated social and economic interactions, heightened resort to regulatory schemes to deal with environmental, health and safety, civil rights and welfare concerns, and other historical factors. However, the point has been reached where much of it is unnecessary, unproductive, and less than ideally suited for many of the conflicts involved. …