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Articles 781 - 810 of 867
Full-Text Articles in Law
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center
Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.
Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.
This conference will provide the …
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
The Impact Of Substantive Interests On The Law Of Federal Courts, Michael L. Wells
Scholarly Works
The thesis of this Article is that substantive factors exert a powerful and often unrecognized influence over the resolution of jurisdictional issues, and have done so throughout our history. The chief substantive factors at issue are the government's interest iin regulating behavior on the one hand, and the individual's interest in enforcing constitutional restraints upon government on the other. Part I of this Article examines the relationship between jurisdictional rules and substantive consequences, Part II describes the Court's conventional account of federal courts doctrine in terms of jurisdictional policy and institutional roles, and Part III shows that the reasons set …
Choosing Judges The Democratic Way, Larry Yackle
Choosing Judges The Democratic Way, Larry Yackle
Faculty Scholarship
A generation ago, the pressing question in constitutional law was the countermajoritarian difficulty.' Americans insisted their government was a democratic republic and took that to mean rule by a majority of elected representatives in various offices and bodies, federal and local. Yet courts whose members had not won election presumed to override the actions of executive and legislative officers who had. The conventional answer to this apparent paradox was the Constitution, which arguably owed its existence to the people directly. Judicial review was justified, accordingly, when court decisions were rooted firmly in the particular text, structure, or historical backdrop of …
Interjurisdictional Certification And Choice Of Law, Ira Robbins
Interjurisdictional Certification And Choice Of Law, Ira Robbins
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann
Government Official Torts And The Takings Clause: Federalism And State Sovereign Immunity, Jack M. Beermann
Faculty Scholarship
In this article, I argue that state sovereign and official immunities, insofar as they bar recovery when private parties would be liable for similar conduct, are unconstitutional under the takings clause of the fifth amendment, as applied to the states under the fourteenth.22 A state's refusal to compensate plaintiffs for the tortious damage or destruction of property should be redressed by the federal courts in civil actions brought under § 1983.
Section I of this article provides background through a discussion of the Supreme Court's treatment of the problem of torts committed by government officials, primarily in procedural due …
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall
Faculty Publications
No abstract provided.
"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier
"Institutional Relationships Between Tribunals And Courts" Book Review Of Recent Developments In Administrative Law, Dianne Pothier
Dianne Pothier Collection
If one brings together 14 experts on administrative law to participate in a continuing legal education program on "Administrative Law": Recent Developments and Emerging Trends," there is the potential for either stimulating critical analyses or humdrum descriptive update. On reading the preface to this book, the product of such a program held at Toronto and Ottawa in November 1986, I was expective the former. In large measure, I was disappointed.
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
A Distorted Mirror: The Supreme Court's Shimmering View Of Summary Judgment, Directed Verdict, And The Value Of Adjudication, Jeffrey W. Stempel
Scholarly Works
As almost anyone alive during the past decade knows, this is the era of the ‘litigation explosion,’ or there is at least the perception that a litigation explosion exists. Although all agree that the absolute number of lawsuits has increased in virtually every corner of the state and federal court systems, there exists vigorous debate about whether the increase is unusual in relative or historical terms and even more vigorous debate about whether the absolute increase in cases symbolizes the American concern for fairness and justice or represents a surge in frivolous or trivial disputes needlessly clogging the courts. As …
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Law, Change, And Litigation: A Critical Examination Of An Empirical Research Tradition, Frank W. Munger
Articles & Chapters
This article examines the theory and empirical methods of recent studies of law and litigation. It argues that the recent interest in longitudinal studies of trial court dockets proceeds from a deeply rooted functionalist theoretical tradition in empirical work on courts. Functionalist theory, through its sophisticated application in the work of James Willard Hurst, is described as the direct or indirect source of theory for longitudinal litigation studies. Though there are many reasons for suspecting that fuctionalist theory is inadequate, it has seldom been rejected through proper empirical testing of its hypotheses. The theory, often poorly conceptualized, is discussed here …
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
The Preiser Puzzle: Continued Frustrating Conflict Between The Civil Rights And Habeas Corpus Remedies For State Prisoners, Martin A. Schwartz
Scholarly Works
No abstract provided.
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
What The Constitution Means By Executive Power, Charles J. Cooper, Orrin Hatch, Eugene V. Rowstow, Michael E. Tigar
Faculty Scholarship
No abstract provided.
Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky
Parity Reconsidered: Defining A Role For The Federal Judiciary, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky
Federal Courts, State Courts, And The Constitution: A Rejoinder To Professor Redish, Erwin Chemerinsky
Faculty Scholarship
No abstract provided.
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Judicial Enforcement Of Nlrb Bargaining Orders: What Influences The Courts?, Terry A. Bethel, Catherine A. Melfi
Articles by Maurer Faculty
No abstract provided.
Procedural Due Process: The Original Understanding, Edward J. Eberle
Procedural Due Process: The Original Understanding, Edward J. Eberle
Law Faculty Scholarship
No abstract provided.
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
Gender Dynamics And Jury Deliberations (Student Note), Nancy S. Marder
All Faculty Scholarship
No abstract provided.
Ripeness And The Constitution, Gene R. Nichol Jr.
Ripeness And The Constitution, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Federalism, State Courts, And Section 1983, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Dialectical Federalism: A Tribute To The West Virginia Supreme Court Of Appeals, Gene R. Nichol
Faculty Publications
No abstract provided.
The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank
The Scope Of Criminal Restitution: Awarding Unliquidated Damages In Sentencing Hearings, Bradford Mank
Faculty Articles and Other Publications
During the past several years a variety of victim groups have forced the criminal justice system to pay more attention to the restitution needs of victims! Criminal courts, however, are still limited in the types of restitution they may award. Typically, sentencing judges can award restitution for the whole range of liquidated damages including the value of stolen or destroyed property, medical expenses, and lost past wages. In most jurisdictions, however, criminal courts cannot award restitution for unliquidated damages involving compensation for pain and suffering, or for lost future earning capacity. Crime victims must initiate a civil suit at their …
Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson
Cable Television's New Legal Universe: Early Judicial Response To The Cable Act, Michael I. Meyerson
All Faculty Scholarship
On October 29, 1984, a new era began in the relationship between law and cable television. On that day, the first major law regulation cable television, the Cable Communications Policy Act of 1984,was signed into law.
Early judicial attempts to interpret the Cable Act revealed the difficulties judges had with understanding the new legal regimen. A common thread running through these varied cases, if any, was the courts' apparent lack of appreciation of the Act's complexity. Many, though not all, decisions appear to misread congressional language and misinterpret congressional intent. The first part of this Article will discuss this problem …
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
The Duty To Criticize The Courts (Ii), Roger J. Miner '56
Judges
No abstract provided.
Racketeer Influenced And Corrupt Organizations (Rico)—Securities And Commercial Fraud As Racketeering Crime After Sedima: What Is A "Pattern Of Racketeering Activity"?, Barbara Black
Faculty Articles and Other Publications
Congress enacted the Racketeer Influenced and Corrupt Organizations Act (RICO) in 1970 in order to stem the infiltration and corruption of legitimate businesses by organized crime. During the 1970's, civil litigants virtually ignored the statute, but in the 1980's the utility of RICO's civil provisions has come to be generally recognized. Attorneys representing the victims of securities and commercial fraud now routinely add a claim alleging a RICO violation. Ii It is the attractiveness of the remedy - the successful plaintiff's recovery of treble damages and attorney's fees - that has led to this ever increasing use of RICO.
To …
Unprecedential Analysis And Original Intent, William P. Marshall
Unprecedential Analysis And Original Intent, William P. Marshall
Faculty Publications
No abstract provided.
Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.
Injury And The Disintegration Of Article Iii, Gene R. Nichol Jr.
Faculty Publications
No abstract provided.
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Attempting The Impossible: The Emerging Consensus, Ira Robbins
Articles in Law Reviews & Other Academic Journals
Impossible attempts are situations in which an actor fails to consummate a substantive crime because he is mistaken about attendant circumstances. Professor Robbins divides mistakes regarding circumstances into three categories: mistakes of fact, mistakes of law, and mistakes of mixed fact and law. Courts and commentators disagree primarily over the identification and treatment of mixed fact law cases. Professor Robbins surveys each category of mistake. He then examines the objective, subjective, and hybrid approaches to dealing with the mixed fact/law category. The objective approach requires an objective manifestation of the actor's intent before conviction is allowed. The subjective approach permits …
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Child Custody - Jurisdiction And Procedure, Christopher L. Blakesley
Scholarly Works
Custody determinations traditionally have comprised a subcategory of litigation under the Pennoyer v. Neff exception for proceedings relating to status. Of course, states have the power to decide the status of their domiciliaries. It was natural, therefore, for the courts and scholars of the nineteenth and early twentieth centuries to consider domicile the sole basis of jurisdiction in custody matters. Gradually, judges and scholars began to challenge the notion that domicile was the sole basis and courts began to apply other bases, such as the child's presence in the state or personal jurisdiction over both parents. One commentator suggests that …
The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas
The Right Of Elderly Patients To Refuse Life-Sustaining Treatment, George J. Annas
Faculty Scholarship
Some legislation, such as law permitting living wills, has addressed the problem of decisions regarding life-sustaining treatment for the elderly. Most of the developing law on the subject is, however, being made by the courts, often in prospective decisions about treatment. These rulings have followed a variety of approaches to the ends of protecting incompetent patients and enforcing the right of the competent to make their own decisions.
The Duty To Criticize The Courts (I), Roger J. Miner '56
The Duty To Criticize The Courts (I), Roger J. Miner '56
Lawyers and the Legal Profession
No abstract provided.
Working With The Individual Judge Assignment System, Roger J. Miner '56
Working With The Individual Judge Assignment System, Roger J. Miner '56
Court Conferences and Events
No abstract provided.