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Administrative Regulation Of The High School Press, Michigan Law Review

Michigan Law Review

This Note examines the constitutional limits on administrative regulation of publications by and for public high school students. Part I discusses the widely divergent standards adopted by different circuits. Part II describes the hard line the Supreme Court has taken against restraints on free expression in the adult context and the different circumstances that justify limiting freedom of expression in high schools. Part III discusses the timing of administrative regulation of student speech. This Part argues that prior restraint is constitutionally acceptable and, in fact, preferable to subsequent punishment so long as its use is governed by proper criteria. Part …

The Intellectual Development Of The American Doctrine Of Judicial Review, Pnina Lahav

Faculty Scholarship

No abstract provided.

Criminal Prosecution Of Bank Personnel Under The Misapplication Statute: The Proper Mens Rea Standard For Establishing Intent, William J. Holley, Ii

Vanderbilt Law Review

This Recent Development advocates legislative adoption of a new Misapplication Statute as a long range solution to the courts'continued debate over the appropriate mens rea standard and judicial adoption of a uniform approach as a short run alternative. Part II of this Recent Development traces the various mens rea standards that courts have applied under the Misapplication Statute. Part III discusses the current confusion over the appropriate section 656 mens rea standard by looking at three recent circuit court decisions.' Part IV advocates the adoption of a new Misapplication Statute similar to the approach that the National Com-mission on Reform …

Prosecutor's Duty To Disclose Evidence, Brett A. Kassabian

North Carolina Central Law Review

No abstract provided.

Independent Federal Injury In Habeas Corpus Cases: When Is A State Court Factual Determination Not Fairly Supported By The Record Under 28 U.S.C. 2254 (D)(8), Glenn F. Lang

North Carolina Central Law Review

No abstract provided.

European Integration Through Fundamental Rights, Jochen Abr. Frowein

University of Michigan Journal of Law Reform

The conception of fundamental rights as natural rights of human beings developed in European legal thinking mainly in the seventeenth and eighteenth centuries. John Locke, Jean-Jacques Rousseau, and also Immanuel Kant should be mentioned. But it was in the new world that the principles of fundamental human rights were first put into practice. A little more than ten years after the first American declarations, the "Declaration des droits de l'homme et du citoyen" was adopted in Paris; it remains part of French constitutional law today. But, unlike the development in the United States, the French guarantees could not be enforced …

Wainwright V. Witt, Lewis F. Powell Jr.

Supreme Court Case Files

No abstract provided.

The Psychiatric Expert As Due Process Decisionmaker, Robert S. Berger

Buffalo Law Review

No abstract provided.

Abusive Pro Se Plaintiffs In The Federal Courts: Proposals For Judicial Control, Michael J. Mueller

University of Michigan Journal of Law Reform

This Note argues that a few courts have adopted lawful restraints and administrative procedures that, if uniformly adopted, would significantly improve protection of judicial resources while preserving access to the civil courts for legitimate claims. Part I identifies career plaintiffs and the burdens imposed on courts by excessive and abusive litigation. Part I also examines the source and scope of the right of access to the judicial process. Part II analyzes judicial responses to abuse in terms of their constitutionality and effectiveness at curbing such tactics. Part III advocates administrative procedures that would promote earlier identification of pro se career …

Truth And Hierarchy: Will The Circle Be Unbroken?, David Fraser

Buffalo Law Review

No abstract provided.

Strikebreakers, The Supreme Court, And Belknap, Inc. V. Hale: The Continuing Erosion Of Federal Labor Preemption, Kevin J. Fay

Buffalo Law Review

No abstract provided.

The Evolution Of The Lower Court Of Nova Scotia, Sandra E. Oxner

Dalhousie Law Journal

The evolution of the Supreme Court of Nova Scotia has been well described elsewhere.' This paper will describe the evolution during the colonial period of the main civil and criminal lower courts of Nova Scotia. Omitted are such courts as the Vice Admiralty and Probate Courts. These require separate examination. This paper traces the development of the courts of General Sessions of the Peace and the Inferior Court of Common Pleas, the main criminal and civil lower courts of the period, from the time of their inception shortly after the founding of Halifax in 1749. The examination of these courts …

Where The Money Is: Remedies To Finance Compliance With Strict Structural Injunctions, James M. Hirschhorn

Michigan Law Review

This Article examines the formal powers that are available to the federal courts to meet this situation. Part I places the problem in perspective, describing the party structure of the institutional reform decree, the :financial burdens it places on the government defendants, and the relationship of these defendants to the fiscal authorities. Part II surveys the coercive powers historically available to the federal courts sitting in equity. Part III discusses the use of these devices against government defendants who claim financial impossibility. It emphasizes the limited recognition of impossibility, the power to compel the defendants to use available resources efficiently …

A Prescription For The Appellate Caseload Explosion, Ben F. Overton

Florida State University Law Review

No abstract provided.

Groundwater Control Programs Affecting Water Development, Arthur L. Littleworth

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

19 pages.

[Section] 404 Panel Discussion, Gregory J. Hobbs, Jr.

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

5 pages.

Supplemental materials. Includes proposed bill language for Department of the Interior appropriations bill. Outline of key events and dates in the history of water law.

Panel: Section 404 Of The Clean Water Act And Section 7 Of The Endangered Species Act: Potential Impacts On Water Supplies [Supplemental Materials], Wendy C. Weiss

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Supplemental materials. Includes text of Riverside Irrigation District v. Andrews, 568 F.Supp 563 and Opening Brief of Plaintiff-Intervenor-Appellants in Riverside Irrigation District v. Andrews, Cases No. 83-2114, 83-2115, 83-2119, 83-2230, April 3, 1984.

Wetlands Preservation And The Protection Of Endangered Species As Limits On Western Water Development, A. Dan Tarlock

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

25 pages.

Ferc, Purpa And The Federal Power Act, Lawrence J. Wolfe

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

62 pages.

Contains references.

Effects Of The Clean Water Act On Water Availability And Development, Paula C. Phillips

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Instream Flows As Reserved Rights On Federal Reservations After United States V. New Mexico, Hank Meshorer

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Reserved Water Rights Of Indian Allotments, Richard B. Collins

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

10 pages.

Contains references.

The Case For A Legislative Solution To Indian Water Claims, James M. Bush

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

57 pages.

Role Of The State Courts In Adjudicating Indian Water Rights, Jon L. Kyl

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

39 pages.

Indian Water Rights In The Supreme Court: A Review And Preview, Louis F. Claiborne

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

12 pages.

Introduction To Reserved Water Rights, Ralph W. Johnson

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

16 pages.

Developments In Federal Water Policies And Programs, Harold W. Furman Ii

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

14 pages.

Agenda: The Federal Impact On State Water Rights, University Of Colorado Boulder. Natural Resources Law Center

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

Conference organizers and/or speakers included University of Colorado School of Law professors James N. Corbridge, Jr., David H. Getches, Lawrence J. MacDonnell and Richard B. Collins.

In general, water rights are a matter of state law. However, the availability and development of water are affected by important federal rights, policies and programs. In this conference, an outstanding group of private practitioners, government representatives and academics consider this important topic.

Negotiation As A Means Of Quantifying Indian Water Rights, Joseph R. Membrino

The Federal Impact on State Water Rights (Summer Conference, June 11-13)

88 pages.

Contains attachments.

Withdrawals Of Public Lands Under The Federal Land Policy And Management Act, David H. Getches

The Federal Land Policy and Management Act (Summer Conference, June 6-8)

17 pages.