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1987

Legislation

Institution
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Articles 211 - 240 of 240

Full-Text Articles in Law

Session Law 87-347, Florida Senate & House Of Representatives Jan 1987

Session Law 87-347, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-334, Florida Senate & House Of Representatives Jan 1987

Session Law 87-334, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-332, Florida Senate & House Of Representatives Jan 1987

Session Law 87-332, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-316, Florida Senate & House Of Representatives Jan 1987

Session Law 87-316, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-310, Florida Senate & House Of Representatives Jan 1987

Session Law 87-310, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-274, Florida Senate & House Of Representatives Jan 1987

Session Law 87-274, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-253, Florida Senate & House Of Representatives Jan 1987

Session Law 87-253, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-237, Florida Senate & House Of Representatives Jan 1987

Session Law 87-237, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-239, Florida Senate & House Of Representatives Jan 1987

Session Law 87-239, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-382, Florida Senate & House Of Representatives Jan 1987

Session Law 87-382, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-097, Florida Senate & House Of Representatives Jan 1987

Session Law 87-097, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-067, Florida Senate & House Of Representatives Jan 1987

Session Law 87-067, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-062, Florida Senate & House Of Representatives Jan 1987

Session Law 87-062, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-397, Florida Senate & House Of Representatives Jan 1987

Session Law 87-397, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-385, Florida Senate & House Of Representatives Jan 1987

Session Law 87-385, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Session Law 87-006, Florida Senate & House Of Representatives Jan 1987

Session Law 87-006, Florida Senate & House Of Representatives

Staff Analysis

No abstract provided.


Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson Jan 1987

Introduction: Forest Law After The First Stage Of The National Forest Management Act, Charles F. Wilkinson

Publications

No abstract provided.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …


Terrorism And The Constitution, Christopher L. Blakesley Jan 1987

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …


It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni Jan 1987

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.


Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin Jan 1987

Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Statutes And Constitutions In An Age Of Common Law, Reed Dickerson Jan 1987

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Legal Evolution And Legislation, Alan Watson Jan 1987

Legal Evolution And Legislation, Alan Watson

Scholarly Works

For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.


Copyright, Compromise And Legislative History, Jessica D. Litman Jan 1987

Copyright, Compromise And Legislative History, Jessica D. Litman

Articles

Copyright law gives authors a "property right." But what kind of property right? Indeed, a property right in what? The answers to these questions should be apparent from a perusal of title seventeen of the United States Code-the statute that confers the "property" right.' Courts, however, have apparently found title seventeen an unhelpful guide. For the most part, they look elsewhere for answers, relying primarily on prior courts' constructions of an earlier and very different statute on the same subject. 2


Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White Jan 1987

Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White

Articles

In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …


Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine Jan 1987

Review Of Protecting American Workers: An Assessment Of Government Programs, By S. A. Levitan Et Al., Theodore J. St. Antoine

Reviews

For almost a quarter century following the great tide of New Deal social legislation, the federal government largely refrained from further efforts at direct regulation of the workplace. But certain intractable problems, like job safety, pension fund abuses, and race and sex discrimination in employment, kindled interest in additional federal controls. The result was a second wave of federal laws governing the employer-employee relationship - Title VII of the Civil Rights Act of 1964, the Occupational Safety and Health Act (OSHA) of 1970, and the Employee Retirement Income Security Act (ERISA) of 1974. Only the boldest scholars would attempt to …


Why The Mccarran-Walter Act Must Be Amended, John Scanlan Jan 1987

Why The Mccarran-Walter Act Must Be Amended, John Scanlan

Articles by Maurer Faculty

No abstract provided.


The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams Jan 1987

The Scope Of Liability Under Section 12 Of The Federal Securities Act Of 1933: 'Participation' And The Pertinent Legislative Materials, Douglas E. Abrams

Faculty Publications

Section 12 of the Securities Act of 1933 creates two private rights of action, each providing in relevant part that ‘ a ny person who offers or sells a security . . . shall be liable to the person purchasing such security from him . . ..’ Because suit may be maintained only by the person who purchases the security from defendant, an offeror may incur section 12 liability only if the offeror also ‘sells' the security to the plaintiff. Section 12(1) imposes liability on any seller whose offer or sale violates the Act's registration or prospectus requirements found in …


Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner Jan 1987

Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner

Articles

The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.


Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch Jan 1987

Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.