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1988

Legislation

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Articles 1 - 19 of 19

Full-Text Articles in Law

The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones Oct 1988

The Trials Of Mental Health Law: Recent Trends And Developments In Canadian Mental Health Jurisprudence, Robert M. Gordon, Simon N. Verdun-Jones

Dalhousie Law Journal

Mental health law in Canada has traditionally shared many common themes with the mental health law of such other Commonwealth countries as Britain, Australia and New Zealand but is only a distant cousin of the system of mental health law that has emerged in the United States. The existence of an entrenched Bill of Rights in the United States has fashioned a situation in which many major issues relating to the rights of mental health patients have been dealt with as constitutional matters of great import. Consequently, the 1960s and 1970s witnessed a burgeoning of an exciting body of case ...


The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia Jul 1988

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries management papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast. Arrangements under the OCS for West Australian fisheries fall into three catagories: 1. fisheries managed by the State under State law as far seaward as the arrangement specifies. 2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies. 3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies. Eleven of the ...


Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff May 1988

Maine Women's Lobby Legislative Alert (1988 - May), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters Apr 1988

Independent Agencies: Government’S Scourge Or Salvation?, Aulana L. Peters

Duke Law Journal

This symposium invites reflection on a number of important questions concerning the independence of the independent regulatory agencies. Three such questions are briefly examined in this essay: First, what is the nature of an independent agency? Second, why should regulatory agencies be independent? Finally, what constrains, and what ought to constrain, an agency's independence? These questions are considered against the backdrop of the legal debate about the constitutional legitimacy of independent regulatory agencies that has been raging since Congress created the first such agency a hundred years ago. The thoughts and conclusions offered in this essay draw on the ...


A Reexamination Of The Public Purpose Doctrine: Nichols V. South Carolina Research Authority, Arthur L. Coleman Apr 1988

A Reexamination Of The Public Purpose Doctrine: Nichols V. South Carolina Research Authority, Arthur L. Coleman

South Carolina Law Review

No abstract provided.


Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff Mar 1988

Maine Women's Lobby Legislative Alert (1988 - March), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Federal Onshore Oil And Gas Leasing And Reform Act Of 1987, Lyle K. Rising, University Of Colorado Boulder. Natural Resources Law Center Jan 1988

The Federal Onshore Oil And Gas Leasing And Reform Act Of 1987, Lyle K. Rising, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

14 p. ; 28 cm


Integrating Tributary Groundwater Development Into The Prior Appropriation System: The South Platte Experience, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute Jan 1988

Integrating Tributary Groundwater Development Into The Prior Appropriation System: The South Platte Experience, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center, Colorado Water Resources Research Institute

Books, Reports, and Studies

46 p. : ill., maps ; 28 cm


Granite Rocks And The State's Influence Over Federal Land Use, John D. Leshy, University Of Colorado Boulder. Natural Resources Law Center Jan 1988

Granite Rocks And The State's Influence Over Federal Land Use, John D. Leshy, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

22 p. ; 28 cm


Issues And Trends In Western Water Marketing, Steven J. Shupe, University Of Colorado Boulder. Natural Resources Law Center Jan 1988

Issues And Trends In Western Water Marketing, Steven J. Shupe, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

12 p. ; 28 cm


The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph Jan 1988

The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph

Seattle University Law Review

The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability ...


The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center Jan 1988

The Governmental Context For Natural Resources Development In Indian Country, Susan M. Williams, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

22 p. ; 28 cm


State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell Jan 1988

State And Local Government Legal Responsibilities To Provide Medical Care For The Poor, Michael A. Dowell

Journal of Law and Health

This article will provide an overview of the extent to which state and local government entities must provide medical care for the poor and ways to enforce these obligations. Delineation of specific medical assistance program responsibilities requires careful review of the legislative intent and statutory purpose. Remedies for state or local failure to meet statutory or constitutional obligations to provide indigent medical care will be discussed in the enforcement section.


Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell Jan 1988

Post Smith V. Van Gorkom Director Liability Legislation With A Proactive Perspective, Lynn A. Howell

Cleveland State Law Review

The Van Gorkom decision was viewed by many as the catalyst which triggered the dramatic increases in the number of shareholder suits filed, director and officer (hereinafter D & 0) insurance policy cancellations, skyrocketing premiums, and the flight of the outside directors.' Devastating decisions like Van Gorkom could be prevented or at least be of a lesser magnitude if corporate counsel chose to use the proactive approach to corporate representation by employing the techniques of preventive law. The theory is similar to the time honored cliché "an ounce of prevention is worth a pound of cure." This Article will address the ...


The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall Jan 1988

The Dilution Of The First Amendment And The Equality Of Ideas, William P. Marshall

Faculty Publications

No abstract provided.


Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff Jan 1988

Maine Women's Lobby Legislative Alert (1988 - January), Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


Legislative Enforcement Of Equal Protection, Stephen F. Ross Jan 1988

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Journal Articles

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and ...


A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine Jan 1988

A Seed Germinates: Unjust Discharge Reform Heads Toward Full Flower, Theodore J. St. Antoine

Articles

In this paper, I shall briefly review the nature and limitations of the theories most frequently invoked by the courts in dealing with wrongful dismissal. I shall then examine the major arguments for and against a general overhaul of the doctrine of employment at will. Lastly, I shall discuss some of the particular questions that will have to be addressed in fashioning a statutory solution.


Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank Jan 1988

Of Rules And Discretion: The Supreme Court, Federal Rules And Common Law, Stephen B. Burbank

Faculty Scholarship at Penn Law

No abstract provided.