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Articles 1 - 30 of 69
Full-Text Articles in Law
State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein
State Income Taxation Of Multijurisdictional Corporations: Reflections On Mobil, Exxon, And H.R. 5076, Walter Hellerstein
Scholarly Works
The state tax field is enjoying a renaissance of sorts. The Supreme Court has displayed a renewed interest in the area, handing down an unusual number of significant decisions addressed to the constitutional restraints on state tax power. State courts have exhibited a similar revival of interest in these problems through an out-pouring of uncharacteristically thoughtful opinions concerning state taxation of multistate and multinational enterprise. Congress, whose concern with state taxation of interstate and foreign commerce has been sporadic, is again considering legislation that would limit state taxing authority in these domains.
Even the executive branch, which seldom intervenes in …
Constitutional Torts, Christina B. Whitman
Constitutional Torts, Christina B. Whitman
Articles
In this Article, I analyze the significance of the overlap between state tort law remedies and remedies under section 1983. I conclude that the dissatisfaction with section 1983 cannot fairly be attributed to the fact that it has been read to provide a remedy that "supplements" state law. I argue that most of the anxiety over constitutional damage actions under section 1983 can be understood - and resolved - only by focusing on two other questions. The first of these concerns the appropriate reach of the Constitution. Ambivalence about section 1983 reflects, in part, a fear that the federal Constitution …
Remarks Of J. Clay Smith, Jr., President Of The Federal Bar Association, J. Clay Smith Jr.
Remarks Of J. Clay Smith, Jr., President Of The Federal Bar Association, J. Clay Smith Jr.
Selected Speeches
No abstract provided.
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
The First Amendment And The Free Press: A Comment On Some New Trends And Some Old Theories, William W. Van Alstyne
Faculty Publications
Responding to the trend of media rights being subjugated through the legal process, this article examines Justice Stewart's suggestion that the media should be treated with extra deference in First Amendment cases. This examination looks at the sufficiency of the press's claim of judicial harshness, whether the press should be treated differently than other speakers, and also compares press freedom in foreign nations.
Wood V. Georgia, Lewis F. Powell, Jr.
Little V. Streater, Lewis F. Powell, Jr.
Little V. Streater, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Rhodes V. Chapman, Lewis F. Powell, Jr.
Rhodes V. Chapman, Lewis F. Powell, Jr.
Supreme Court Case Files
No abstract provided.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Certain Named And Unnamed Non-Citizen Children And Their Parents V. Texas, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Estelle V. Smith, Lewis F. Powell Jr.
Edwards V. Arizona, Lewis F. Powell Jr.
Edwards V. Arizona, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Michael M. V. Superior Court Of Sonoma County, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
H.L. V. Matheson, Lewis F. Powell Jr.
Michigan V. Summers, Lewis F. Powell Jr.
Michigan V. Summers, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States V. Cortez, Lewis F. Powell Jr.
United States V. Cortez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Robbins V. California, Lewis F. Powell Jr.
Robbins V. California, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Schweiker V. Wilson, Lewis F. Powell Jr.
Schweiker V. Wilson, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Rostker V. Goldberg, Lewis F. Powell Jr.
Rostker V. Goldberg, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Maryland V. Louisiana, Lewis F. Powell Jr.
Maryland V. Louisiana, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Dames & Moore V. Regan, Lewis F. Powell Jr.
Dames & Moore V. Regan, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.
United States Railroad Retirement Board V. Fritz, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Montana V. United States, Lewis F. Powell Jr.
Montana V. United States, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.
Federal Communications Commission V. Wncn Listeners Guild, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Mcdaniel V. Sanchez, Lewis F. Powell Jr.
Mcdaniel V. Sanchez, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.
Pennhurst State School And Hospital V. Halderman, Lewis F. Powell Jr.
Supreme Court Case Files
No abstract provided.
The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
The Governmental-Proprietary Distinction In Constitutional Law, Michael L. Wells, Walter Hellerstein
Scholarly Works
The governmental-proprietary distinction has led a stormy life. Courts have characterized it as “illusory,” a “quagmire,” a “rule of law that is inherently unsound,” and as a “talismanic formula” that results in “unenlightening characterizations of States’ activities.” Commentators have branded the distinction as “probably one of the most unsatisfactory known to the law,” have questioned its internal coherence, and have dismissed it as irrelevant in constitutional decisions. The distinction, however, clings stubbornly to life, appearing in a remarkably wide range of cases. The United States Supreme Court itself appears ambivalent about its worth. In some cases, the Court has rejected …
The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii
The Surface Mining Control And Reclamation Act Of 1977, Hamlet J. Barry, Iii
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
48 pages.
Includes footnotes (pages 44 to 47).
The General Mining Act Of 1872, Loren Mall
The General Mining Act Of 1872, Loren Mall
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
48 pages (includes graph).
The Mineral Leasing Act Of 1920, Patrick H. Martin
The Mineral Leasing Act Of 1920, Patrick H. Martin
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
39 pages (includes sample forms).
Pages M-26; M-36; M-38; and M-40 do not contain pagination or content, and were not scanned.
Contains references (page M-1).
Clean Water Act & Company: Impact On Mining, George W. Pring
Clean Water Act & Company: Impact On Mining, George W. Pring
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
8 pages.
National Environmental Policy Act: Its Substance, Effects, And Relationship To Mineral And Water Resource Development In The West, Robert J. Golten
National Environmental Policy Act: Its Substance, Effects, And Relationship To Mineral And Water Resource Development In The West, Robert J. Golten
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
8 pages.