Law Commons^™

Response To Susan Vivian Mangold's Extending Non-Exclusive Parenting And The Right To Protection For Older Foster Care Children: Creating Third Options In Permanency Planning, Lishone Bowsky

Buffalo Law Review

No abstract provided.

Response To The Urban Girls Conference April 14-15, 2000, Savita Droom

Buffalo Law Review

No abstract provided.

Trial And Tribulation: The Story Of United States V. Anthony, Rayne L. Hammond

Buffalo Law Review

No abstract provided.

The Use Of Legislative History In A System Of Separated Powers, Putting Legislative History To A Vote: A Response To Professor Siegel, Timing And Delegation: A Reply, Jonathan R. Siegel

Vanderbilt Law Review

The debate over the legitimacy of judicial use of legislative history has significant legal and political ramifications that have long sparked controversy. As additional commentators join this long-running engagement, the focus of the debate necessarily changes.

In a previous article, John Manning argued that the use of legislative history violates the constitutional rule barring congressional self-delegation. Jonathan Siegel argues here that judicial reliance on legislative history does not implicate that rule, because a statute's legislative history already exists at the time of the statute's passage, and statutory incorporation of preexisting materials operates as an adoption of those materials, not as …

Introduction: Symposium 2000: Water Rights And Watershed Management: Planning For The Future, Brian J. Perron, Sarah Richardson

William & Mary Environmental Law and Policy Review

No abstract provided.

Watersheds And The Integration Of U.S. Water Law And Policy: Bridging The Great Divides, Robert W. Adler, Michele Straube

William & Mary Environmental Law and Policy Review

No abstract provided.

Winters In The East: Tribal Reserved Rights To Water In Riparian States, Judith V. Royster

William & Mary Environmental Law and Policy Review

No abstract provided.

Practically Irrigable Acreage Standard: A Poor Partner For The West's Water Future, Elizabeth Weldon

William & Mary Environmental Law and Policy Review

No abstract provided.

Enlarging The Administrative Polity: Administrative Law And The Changing Definition Of Pluralism, 1945-1970, Reuel E. Schiller

Vanderbilt Law Review

"The availability of judicial review," wrote Louis Jaffe in 1965, "is the necessary condition, psychologically, if not logically, of a system of administrative power which purports to be legitimate, or legally valid." In so writing, Jaffe suggested that the abstract beliefs that Americans have about the way government is supposed to work define the relationship between courts and the administrative state. It does not follow, logically, from the existence of administrative agencies that their actions must be policed by courts. In- stead, our beliefs about how public policy ought to be made and about which institutions are best at protecting …

Putting Legislative History To A Vote: A Response To Professor Siegel, John F. Manning

Vanderbilt Law Review

In a previous article, I argued that, properly understood, textualism implements a special form of the nondelegation doctrine, one that prohibits legislative self-delegation.' If the judiciary accepts certain types of legislative history (committee reports and sponsors' statements) as "authoritative" evidence of legislative in- tent in cases of ambiguity, then the particular legislators who write that history (the committees and sponsors) effectively settle statutory meaning for Congress as a whole. Against the background of such a judicially fashioned interpretive practice, when Congress passes a vague or ambiguous statute, it thereby implicitly delegates its law-elaboration authority to legislative agents, who effectively fashion …

Timing And Delegation: A Reply, Jonathan R. Siegel

Vanderbilt Law Review

For two authors who come to such different conclusions, Professor Manning and I agree on a good deal. We agree that courts, in considering whether to consult legislative history in the course of statutory construction, must take heed of the special constitutional rule against congressional self-aggrandizement.' Thus, we agree that the Constitution forbids courts to give authoritative weight to post-enactment legislative history, because the effect of such a judicial practice is to permit Congress to delegate a very important power, the power to elaborate the meaning of statutes, to its committees or Members. We also agree, however, that Congress may, …

Feds 200, Indians ): The Burden Of Proof In The Federal / Indian Fiduciary Relationship, Eugenia A. Phipps

Vanderbilt Law Review

"Great nations, like great men, should keep their word."' Justice Black, in his dissent in Federal Power Commission v. Tuscarora Indian Nation, encapsulated the failures of two centuries of the United States' relationship with its native Indians. Since establishing the first tentative treaties of the Revolutionary era, the United States has made many broad promises to the Indians. These promises, detailed first in treaties and later in statutes, drew the government and the Indians into a fiduciary relationship. Although this relationship would have consequences for federal/Indian interactions, raising the level of care with which the government would treat its native …

The Use Of Legislative History In A System Of Separated Powers, Jonathan R. Siegel

Vanderbilt Law Review

Legislative history is the ultimate bugaboo of the textualists-those judges and scholars who assert that in statutory interpretation, "[w]e do not inquire what the legislature meant; we ask only what the statute means." The textualists have unleashed argument after argument against legislative history. Textualists assert that judicial use of legislative history seeks a collective legislative intent that does not exist and that would not be law if it did exist. They claim that congressional committees deliberately manipulate legislative history in order to influence statutory interpretation. They argue that legislative history is more ambiguous than the statutes it supposedly clarifies, that …

Title Page

South Carolina Law Review

No abstract provided.

Table Of Contents

South Carolina Law Review

No abstract provided.

The H-2a Non-Immigrant Visa Program: Weakening Its Provisions Would Be A Step Backward For America's Farmworkers, Cecilia Danger

University of Miami Inter-American Law Review

No abstract provided.

Property Ownership By Married Women In Victorian Ontario, Susan Ingram, Kris Inwood

Dalhousie Law Journal

This paper reports patterns of property holding by women and men in late nineteenth-century Ontario. We focus on the town of Guelph immediately before and after legislation in 1872 and 1884 which permitted married women to hold property in their own name. The female-held share of all property and the female share of all owners in the town increased sharply. The gains were made by married women, and even more strongly by single women and widows. However, there was little or no shift of property in nearby rural townships. We argue that an induced change in inheritance practice amplified the …

Faith On The Bench: The Role Of Religious Belief In The Criminal Sentencing Decisions Of Judges, Mark B. Greenlee

University of Dayton Law Review

No abstract provided.

Court Decisions As Information Sources For Journalists: How Journalists Can Better Cover Appellate Decisions, F. Dennis Hale

University of Arkansas at Little Rock Law Review

No abstract provided.

Icravetv And The New Rules Of Internet Broadcasting, Michael A. Geist

University of Arkansas at Little Rock Law Review

No abstract provided.

First Amendment—Campaign Finance Reform—The Supreme Court Halts The Eighth Circuit's Invalidation Of State Campaign Contribution Limits. Nixon V. Shrink Missouri Government Political Action Committee, 120 S. Ct. 897 (2000)., Erin Buford Vinett

University of Arkansas at Little Rock Law Review

No abstract provided.

Constitutional Law—First Amendment—Does The Right To Free Speech Trump The Right To Worship? Olmer V. City Of Lincoln, 192 F.3d 1176 (8th Cir. 1999)., Patti Stanley

University of Arkansas at Little Rock Law Review

No abstract provided.

The Best Things In Law Are Free?: Towards Quality Free Public Access To Primary Legal Materials In Canada, Teresa Scassa

Dalhousie Law Journal

In this article the author explores the move in several jurisdictions towards providing primary legal materials online without charge. In Canada the federal government, most provincial governments and many courts currently provide some form of online access to primary legal materials. However, this is not done in a unified, comprehensive or systematic manner. The author evaluates the "legal information institute" model as it has emerged in Australia, the United Kingdom and the United States, and considers whether such a model would be useful or workable in Canada. In the course of this assessment, the author canvasses such issues as the …

Rethinking Patent Law In The Administrative State, Orin S. Kerr

William & Mary Law Review

This Article challenges the Supreme Court's recent holding that administrative law doctrines should apply to the patent system. The Article contends that the dynamics ofpatent law derive not from public law regulation, but rather from the private law doctrines of contract, property, and tort. Based on this insight, the Article argues that administrative law doctrines such as Chevron and the Administrative Procedure Act should not apply within patent law, and that such doctrines in fact pose a serious threat to the proper functioning of the patent system.

Employment At Will In The United States: The Divine Right Of Employers, Clyde W. Summers

University of Pennsylvania Journal of Business Law

No abstract provided.

Fiduciary Duties Of Esop Trustees Under Erisa In Tender Offers: The Impact Of Herman V. Nations Bank Trust Company And A Proposal For Reform, Steven J. Arsenault

University of Pennsylvania Journal of Business Law

No abstract provided.

Judicial Interpretation Of The Warn Act Exceptions And Their Implications In The Health Care Industry, Meredith Klapholz

University of Pennsylvania Journal of Business Law

No abstract provided.

Selected Labor & Employment Law Updates, Book Review/Updates Editor

University of Pennsylvania Journal of Business Law

No abstract provided.

Selected Current Bibliography, Book Review/Updates Editor

University of Pennsylvania Journal of Business Law

No abstract provided.

The First Amendment In The New Millennium: How A Shifting Paradigm Threatens The First Amendment And Free Speech, Sandra F. Chance

University of Arkansas at Little Rock Law Review

No abstract provided.