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Series

1984

Articles

Discipline
Institution
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Articles 1 - 30 of 51

Full-Text Articles in Law

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway Nov 1984

Protection Of Biodiversity Under The Public Trust Doctrine, Ralph W. Johnson, William C. Galloway

Articles

The public trust doctrine is an ancient Roman legal doctrine that has been applied in both England and the Umted States. The doctrine traditionally addressed questions of public access to and use of commercially navigable waters for navigation, fisheries and various other uses of the underlying seabeds, lake bottoms, and riverbeds. In recent years, the public trust doctrine has been invoked to protect birds and other wildlife, water quality, ecological and environmental values, and different types of recreation. Although no public trust case has applied the doctrine to protect biodiversity per se, it seems clear by analogy to existing case ...


Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson Oct 1984

Pollution Control By Effluent Charges: It Works In The Federal Republic Of Germany, Why Not In The U.S., Gardner M. Brown Jr., Ralph W. Johnson

Articles

This article describes the recent Federal Republic of Germany effluent charge law and the political and legal background that permitted this law to be enacted. The impact of that law is assessed, although the assessment is necessarily tentative in view of the short experience with the law to date. The economic and legal implications of enacting an effluent charge law in the United States also are analyzed. Included in this discussion are the advantages and disadvantages of state vs. federal enactment, the constitutional objections that might be raised to such a law, and how it might be coordinated with existing ...


Introduction, Terrance Sandalow Oct 1984

Introduction, Terrance Sandalow

Articles

The articles that follow, initially presented in 1983 as the thirty-second series of Thomas M. Cooley Lectures, address a subject that has deep roots in the United States' history. Assurances that there would be constitutional protection of what are now called human rights-in the United States, they have more frequently been referred to as civil liberties and civil rights or individual rights and liberties-was a practical condition for the adoption of the Constitution. The belief that such guarantees are of vital importance in maintaining a society that is both free and just has over time become even more deeply embedded ...


Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar Apr 1984

Introduction: Trends And Developments With Respect To That Amendment 'Central To Enjoyment Of Other Guarantees Of The Bill Of Rights', Yale Kamisar

Articles

Seventy years ago, in the famous Weeks case,' the Supreme Court evoked a storm of controversy by promulgating the federal exclusionary rule. When, a half-century later, in the landmark Mapp case,2 the Court extended the Weeks rule to state criminal proceedings, at least one experienced observer assumed that the controversy "today finds its end." 3 But as we all know now, Mapp only intensified the controversy. Indeed, in recent years spirited debates over proposals to modify the exclusionary rule or to scrap it entirely have filled the air - and the law reviews.'


The Washington Environmental Policy Act, William H. Rodgers, Jr. Jan 1984

The Washington Environmental Policy Act, William H. Rodgers, Jr.

Articles

As the Washington State Environmental Policy Act of 1971 (SEPA)'approaches its fourteenth birthday, the time is ripe for an assessment of its recent history and foreseeable future. Several SEPA milestones have come and gone in the last several months, and a period of stability is in order. Reported Washington decisions citing SEPA now number close to one hundred; more than fifty of these are decisions of the Washington Supreme Court.

The books are closed on the two-year efforts of the Washington Commission on Environmental Policy (the SEPA Commission), whose work culminated in a report to the 1983 Legislature. There ...


Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Soverign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the controlling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of sovereign ...


Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden Jan 1984

Sovereign Immunity In Indian Tribal Law, Ralph W. Johnson, James M. Madden

Articles

An examination of the tribal courts' civil jurisdiction and sovereign immunity decisions, and a review of the doctrine's origins and purposes in federal and state law reveal the increasing importance of the sovereign immunity doctrine and suggest several options to tribal councils and courts in deciding which aspects of the doctrine to retain. The article concludes that:

(1) The doctrine of sovereign immunity is not part of the con-. trolling federal law applicable to Indian tribal courts, except where trust property is involved.

(2) Each Indian tribe has inherent sovereign power to adopt, reject, or waive the doctrine of ...


Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper Jan 1984

Taking Witherspoon Seriously: The Search For Death-Qualified Jurors, Eric Schnapper

Articles

This Article assesses, in light of fifteen years of judicial experience under Witherspoon v. Illinois, 391 U.S. 510 (1968), the meaning and impact of that decision and the practical and legal problems that arise in its application. The analysis draws heavily on actual voir dires reported in published opinions and considers the problems that judges and attorneys face when attempting to distinguish jurors who cannot be excluded under Witherspoon(commonly referred to as "death-qualified" jurors) from jurors who may be excluded for cause. Part II discusses the ways in which Witherspoon altered the law regarding jury selection in capital ...


Controlling The Structural Injunction, Robert F. Nagel Jan 1984

Controlling The Structural Injunction, Robert F. Nagel

Articles

No abstract provided.


The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller Jan 1984

The Federal Coconspirator Exception: Action, Assertion, And Hearsay, Christopher B. Mueller

Articles

No abstract provided.


The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson Jan 1984

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Articles

No abstract provided.


Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper Jan 1984

Authorization Cards And Union Representation Election Outcome: An Empirical Assessment Of The Assumption Underlying The Supreme Court's Gissel Decision, Laura J. Cooper

Articles

The National Labor Relations Act created the National Labor Re- lations Board (NLRB) and vested the Board with two principal respon- sibilities. First, the NLRB is responsible for conducting secret ballot elections among employees to ascertain whether they desire a collective bargaining representative.' Second, the NLRB is responsible for reme- dying unfair labor practices.2 These dual responsibilities, protection of employee free choice and remediation of unfair labor practices, may conflict when the Board is asked to provide a remedy for unfair labor practices that occur during the course of a union representation elec- tion campaign. The Board has been ...


Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld Jan 1984

Criminalizing Juvenile Justice: Rules Of Procedure For The Juvenile Court, Barry C. Feld

Articles

The 1967 United States Supreme Court decision In re Gault 1 precipitated a procedural revolution that has transformed the juvenile court into a legal institution very different from that envisioned by its Progressive creators. 2 In the years since Gault, states have struggled to bring the administration of their juvenile courts into harmony with the requirements of the Constitution, 3 aided by professional commentary and the continuing evolution of juvenile procedural due process requirements.


The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson Jan 1984

The Equal Credit Opportunity Act: A Functional Failure, John H. Matheson

Articles

The Equal Credit Opportunity Act was enacted in 1974 as (1) a consumer protection statute designed to provide accurate information to and about consumers involved in credit transactions, and (2) an antidiscrimination statute designed to shield protected classes of consumers from discrimination in the granting of credit. The Federal Reserve Board promulgated regulations to further these statutory goals. Congress intended that the Act would be enforced through both private litigation and public compliance programs. Few private lawsuits have been brought under the Act, however, and public enforcement efforts have neither checked credit discrimination nor halted perpetuation of prior discrimination. Professor ...


Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn Jan 1984

Brazil's Legal Culture: The Jeito Revisited, Keith S. Rosenn

Articles

No abstract provided.


The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton Jan 1984

The Economics And Jurisprudence Of Convertible Bonds, William Wilson Bratton

Articles

No abstract provided.


The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby Jan 1984

The Felony-Murder Rule: A Doctrine At Constitutional Crossroads, Nelson E. Roth, Scott E. Sundby

Articles

No abstract provided.


The Issuer's Paper: Property Or What? Zero Basis And Other Income Tax Mysteries, Elliott Manning Jan 1984

The Issuer's Paper: Property Or What? Zero Basis And Other Income Tax Mysteries, Elliott Manning

Articles

No abstract provided.


The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman Jan 1984

The Regime Of Warships Under The United Nations Convention On The Law Of The Sea, Bernard H. Oxman

Articles

No abstract provided.


Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers, Jr. Jan 1984

Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers, Jr.

Articles

No abstract provided.


Book Review, Mark J. Loewenstein Jan 1984

Book Review, Mark J. Loewenstein

Articles

No abstract provided.


On Complaining About The Burger Court, Robert F. Nagel Jan 1984

On Complaining About The Burger Court, Robert F. Nagel

Articles

No abstract provided.


Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel Jan 1984

Invisible Teachers: A Comment On Perceptions In The Classroom, Robert F. Nagel

Articles

No abstract provided.


Contemporary Social Problems, Georgia Briscoe Jan 1984

Contemporary Social Problems, Georgia Briscoe

Articles

No abstract provided.


Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun Jan 1984

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Articles

No abstract provided.


The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton Jan 1984

The Interpretation Of Contracts Governing Corporate Debt Relationships, William Wilson Bratton

Articles

No abstract provided.


Surface Rights In Artificial Watercourses, James N. Corbridge, Jr. Jan 1984

Surface Rights In Artificial Watercourses, James N. Corbridge, Jr.

Articles

No abstract provided.


How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel Jan 1984

How Useful Is Judicial Review In Free Speech Cases?, Robert F. Nagel

Articles

No abstract provided.


The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein Jan 1984

The Role Of The Attorney In Estate Administration, Robert Stein, Ian Fierstein

Articles

Estate administration is the process by which the affairs of a decedent are settled. During the course of administration of an estate, property owned by a decedent is collected and inventoried, debts and taxes are paid, and property is distributed to those having a right to succeed to it. Controversy has surrounded estate administration in recent years. 2 Critics of the process have advised the public to "avoid probate" because of allegedly high fees and unreasonable delays in settling estates; 3 the legal community has responded with various reform proposals. 4 The National Conference of Commissioners on Uniform State Laws ...


Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins Jan 1984

Do Government Rights Prevail, Or Are Shoshone Indians Trespassers In Their Own Country?, Richard B. Collins

Articles

No abstract provided.