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Articles 1 - 10 of 10

Full-Text Articles in Law

A Proposal For An Outrageous, Albeit Effective, Strategy To Prevent Groundwater Pollution, George Cameron Coggins Jun 1988

A Proposal For An Outrageous, Albeit Effective, Strategy To Prevent Groundwater Pollution, George Cameron Coggins

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

14 pages.


Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann Apr 1988

Timeliness Of Petitions For Judicial Review Under Section 106(A) Of The Immigration And Nationality Act, Marilyn Mann

Michigan Law Review

This Note argues that courts should adopt a "good faith approach" to the section 106 timeliness issue. This approach would be similar to that suggested by the District of Columbia and Second Circuits. Part I discusses the statute, the relevant regulations, and the history of Supreme Court interpretation of section 106. Part II reviews the various approaches to the timeliness question developed by the courts of appeals. Part III argues that although the statutory lang╬╝age and legislative history are ambiguous on the section 106(a) timeliness question, the good faith approach would best achieve the goals of section 106: judicial ...


The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr. Jan 1988

The Most Effective Or Least Restrictive Alternative As The Only Intermediate And Only Means-Focused Review In Due Process And Equal Protection, Roy G. Spece Jr.

Villanova Law Review

No abstract provided.


Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy Jan 1988

Judicial Review As Midcal Active Supervision: Immunizing Private Parties From Antitrust Liability, Michal Dlouhy

Fordham Law Review

No abstract provided.


Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin Jan 1988

Ventriloquism And The Verbal Icon: A Comment On Professor Hogg's "The Charter And American Theories Of Interpretation", Richard F. Devlin

Osgoode Hall Law Journal

In this brief comment I offer some critical reflections on Professor Hogg's proposed approach to Charter interpretation. I suggest that Professor Hogg's attempt to legitimize and constrain judicial review is an exercise in confession and avoidance. On the one hand, he admits that "interpretivism" is explanatorily inadequate, yet on the other he refuses to accept "non-interpretivism" for he realizes that it has the potential to unmask the politics of law. I argue that Hogg's third way - that Charter interpretation should be progressive and purposive - is incapable of bearing the legitimizing weight which he requires in that it ...


Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray Jan 1988

Protecting The Parties' Bargain After Misco: Court Review Of Labor Arbitration Awards, Douglas E. Ray

Indiana Law Journal

No abstract provided.


Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine Jan 1988

Deferral To Arbitration And Use Of External Law In Arbitration, Theodore J. St. Antoine

Articles

proper definition of the appropriate roles of arbitrators, administrative agencies and the courts depends in great part on the notion that, generally speaking, in labor relations, the interpretation and application of contracts is for arbitrators, and the interpretation and application of statutes is for the administrative agencies and the courts. Arbitrators deal primarily with contract rights and administrative agencies, like the NLRB and the courts, deal primarily with statutory rights. If that distinction is maintained, the problems of deferral to arbitration and the use of external law in arbitration can be more easily resolved.


Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa Jan 1988

Judicial Conscience And Natural Rights: A Reply To Professor Ledewitz, Harry V. Jaffa

Seattle University Law Review

In our Spring 1987 issue, Professor Jaffa authored an essay in which he posited that the fundamental principles of equality and other tenets of natural law expressed in the Declaration of Independence were originally intended to be the principles of the Constitution of 1787 Professor Jaffa asserted that while the Framers believed in the "law of nature and nature's God," many contemporary constitutional thinkers, including fellow conservatives Chief Justice William Rehnquist and Attorney General Edwin Meese, do not. Thus, Jaffa argued, those conservatives "who today most aggressively appeal to the doctrine of original intent are among its most resolute ...


Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman Jan 1988

Administrative Law In A Global Era: Progress, Deregulatory Change, And The Rise Of The Administrative Presidency, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.


Toward A General Theory Of The Establishment Clause, Daniel O. Conkle Jan 1988

Toward A General Theory Of The Establishment Clause, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.