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Articles 31 - 60 of 195
Full-Text Articles in Law
Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell
Colorado’S Law Of “Underground Water”: A Look At The South Platte Basin & Beyond, Lawrence J. Macdonnell
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
50 pages (includes illustrations and maps).
Contains footnotes.
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.
Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …
Kansas Intensive Groundwater Use Control Areas, David L. Pope
Kansas Intensive Groundwater Use Control Areas, David L. Pope
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
22 pages (includes maps).
Contains references.
Water Planning: The Oregon Approach, William H. Young
Water Planning: The Oregon Approach, William H. Young
Innovation in Western Water Law and Management (Summer Conference, June 5-7)
64 pages.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Judicial Reliance On Public Policy: An Empirical Analysis Of Products Liability Decisions, James A. Henderson Jr.
Cornell Law Faculty Publications
No abstract provided.
Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants
Employer Recapture Of Erisa Contributions Made By Mistake: A Federal Common Law Remedy To Prevent Unjust Enrichment, J. Daniel Plants
Michigan Law Review
This Note investigates more fully the policies animating ERISA in order to ascribe an appropriate construction to the mistaken contribution section. Part I analyzes the Ninth Circuit's anomalous implied cause of action theory. Searching the legislative history as well as ERISA's language and structure, this Part finds lacking the requisite expression of congressional intent to support a statutorily implied remedy. As an alternative, Part II explores the appropriateness of common law relief. Part II defends the creation of common law relief by the federal courts as consistent with the direct and indirect evidence suggesting that Congress envisioned judicial supplementation of …
Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper
Bright Lines, Dark Deeds: Counting Convictions Under The Armed Career Criminal Act, James E. Hooper
Michigan Law Review
The Armed Career Criminal Act of 1984 (ACCA) enables the federal government to help state authorities more effectively prosecute "career criminals.'' The ACCA imposes a mandatory sentence of at least fifteen years, and up to life imprisonment, for illegal possession of a firearm by anyone who has three prior convictions for violent felonies or serious drug offenses "committed on occasions different from one another."
To apply the ACCA, judges must determine first whether the defendant's prior convictions meet the definitions of "violent felony or serious drug offense," and secondly whether the offenses were committed on different occasions so that they …
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
Abstention And The Constitutional Limits Of The Judicial Power Of The United States, Calvin R. Massey
BYU Law Review
No abstract provided.
The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley
The Screening Of Appeals: The Ninth Circuit's Experience In The Eighties And Innovations For The Nineties, John B. Oakley
BYU Law Review
No abstract provided.
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
Against An Elite Federal Judiciary: Comments On The Report Of The Federal Courts Study Committee, Michael Wells
BYU Law Review
No abstract provided.
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
The Monroe Mystery Solved: Beyond The "Unhappy History" Theory Of Civil Rights Litigation, Louise Weinberg
BYU Law Review
No abstract provided.
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
Dealing With Younger Abstention As A Part Of Federal Courts Reform-The Role Of The Vanishing Proposal, George D. Brown
BYU Law Review
No abstract provided.
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
Multiple Jury Formats And Civil Litigation: Arnold V. Eastern Airlines, David S. Chipman
BYU Law Review
No abstract provided.
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
Patent Venue: One More Attempt To Broaden The Statute, David Fogg
BYU Law Review
No abstract provided.
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
Pragmatism Without Politics-A Half Measure Of Authority For Jurisdictional Common Law, Gene R. Shreve
BYU Law Review
No abstract provided.
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
Rule 11 And Federalizing Lawyer Ethics, Judith A. Mcmorrow
BYU Law Review
No abstract provided.
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
The Constitutional Case Against Intracircuit Nonacquiescence, Dan T. Coenen
Scholarly Works
A cornerstone of the United States Constitution is its separation of powers among the legislative, executive, and judicial branches of the national government. The Framers of the Constitution reasoned that separated powers would guard against tyranny by blocking the undue concentration of authority in any single governmental department. In crafting the Constitution, however, the Framers could not anticipate every dispute their scheme of separated powers might engender. One modern separation-of-powers conflict not specifically anticipated by the constitutional text involves so-called "intracircuit nonacquiescence.”
Intracircuit nonacquiescence occurs when executive-branch decision makers refuse to follow a circuit court's precedents even when acting subject …
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Treatise Writing And Federal Jurisdiction Scholarship: Does Doctrine Matter When Law Is Politics?, Richard A. Matasar
Michigan Law Review
A Review of Federal Jurisdiction by Erwin Chemerinsky and Federal Jurisdiction 1990 Supplement by Erwin Chemerinsky
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Criminal Justice In The Lower Courts: A Study In Continuity, Gerald Caplan
Michigan Law Review
A Review of The Transformation of Criminal Justice: Philadelphia, 1800-1880 by Allen Steinberg
Defining “Co-Party” Within Federal Rule Of Civil Procedure 13(G): Are Cross-Claims Between Original Defendants And Third-Party Defendants Allowable?, John Bessler
All Faculty Scholarship
No abstract provided.
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
The Failure Of The Florida Judicial Review Process To Provide Effective Incentives For Agency Rulemaking, Johnny C. Burris
Florida State University Law Review
No abstract provided.
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
What's In A Name? The Constitutionality Of Multiple "Supreme" Courts, David E. Engdahl
Indiana Law Journal
No abstract provided.
Authoritarianism And The Rule Of Law, Lynne Henderson
Authoritarianism And The Rule Of Law, Lynne Henderson
Indiana Law Journal
No abstract provided.
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Plotting The Next "Revolution" In Choice Of Law: A Proposed Approach, Gary J. Simson
Cornell Law Faculty Publications
No abstract provided.
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
The Enduring Example Of John Marshall Harlan: "Virtue As Practice" In The Supreme Court, William W. Van Alstyne
Faculty Publications
No abstract provided.
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
The Jurisprudence Of Wringing Hands: A Brief Response To Professor Soifer, Allan Ides
Washington and Lee Law Review
No abstract provided.
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
On Being Overly Discrete And Insular: Involuntary Groups And The Angloamerican Judicial Tradition, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Faith In Secular Religion: A Brief Reply, Aviam Soifer
Washington and Lee Law Review
No abstract provided.
Soifer's Vision And Three Questions About Images, Milner S. Ball
Soifer's Vision And Three Questions About Images, Milner S. Ball
Washington and Lee Law Review
No abstract provided.
Groups In Perspectives, Carol Weisbrod
Groups In Perspectives, Carol Weisbrod
Washington and Lee Law Review
No abstract provided.