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Legislation

1991

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Institution
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Articles 1 - 26 of 26

Full-Text Articles in Law

Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant Oct 1991

Justification And Cultural-Authority In S.35(1) Of The Constitution Act, 1982: Regina V. Sparrow, Chris Tennant

Dalhousie Law Journal

Regina v. Sparrow is the first decision of the Supreme Court of Canada under s.35(1) of the Constitution Ac 1982. The case has wide-reaching implications for the recognition and limitation of aboriginal rights. This case comment will explore some of the implications of Sparrow, with a focus on the test developed by the Court for the justification of government regulation of aboriginal rights. In particular, the question of the cultural authority of non-aboriginal judges to justify legislation regulating aboriginal rights will be addressed.


Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler Oct 1991

Compounding Or Creating Confusion About Supplemental Jurisdiction? A Reply To Professor Freer, Thomas D. Rowe Jr., Stephen B. Burbank, Thomas M. Mengler

All Faculty Scholarship

No abstract provided.


A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn Jul 1991

A Judge’S View Of Congressional Action Affecting The Courts, Avern Cohn

Law and Contemporary Problems

A comment on Larry Kramer's article suggesting an addition to the mechanisms of congressional review of proposed legislation that has an impact on the work of federal courts is presented. The Office of Technology Assessment's present job for Congress in this respect is evaluated.


“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer Jul 1991

“The One-Eyed Are Kings”: Improving Congress’S Ability To Regulate The Use Of Judicial Resources, Larry Kramer

Law and Contemporary Problems

Improving the ability of Congress to regulate the use of judicial resources is discussed. Reducing caseload growth in the federal courts, assuring that judicial resources are utilized effectively and a proposed agency that would structure jurisdiction under particular legislation are discussed.


“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck Jul 1991

“Users United”: The Civil Justice Reform Act Of 1990, Jeffrey J. Peck

Law and Contemporary Problems

The implementation of the Civil Justice Reform Act of 1990, a law designed to improve the management of the civil justice system, is discussed. The substantive components of the law and the process that led to its enactment are addressed.


The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson May 1991

The Genesis Of The Canadian Criminal Code Of 1892, Keith Jobson

Dalhousie Law Journal

Brown gives an interesting and readable account of the background of the 1892 Code and its genesis in the politics of the day. His preface and six short chapters are followed by an epilogue, a short biographical note and footnotes. Chapter One deals with the ambiguity of the term "code". Clearly, the 1892 Code was not a codification in the civilian tradition as exemplified, for example, in the Napoleonic Code, nor was it even a code such as Bentham might have drafted. It was a "code" only in the loose sense in which.the word was used by English and Canadian …


S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff Apr 1991

S. 1232—A Late Entry In The Race For Malpractice Reform, Clark C. Havighurst, Thomas B. Metzloff

Law and Contemporary Problems

S. 1232, the "Medical Injury Compensation Fairness Act of 1991, is discussed. S. 1232 may be too innovative to be enacted in its present form, but there is immense potential for combining its encouragement of private reform of poorly designed, cost-increasing malpractice rights with other federal proposals that seek to make good-quality health care accessible to all Americans at reasonable cost.


Maine Women's Lobby News Letter (1991 - January) No. 2, Maine Women's Lobby Staff Jan 1991

Maine Women's Lobby News Letter (1991 - January) No. 2, Maine Women's Lobby Staff

Maine Women's Publications - All

No abstract provided.


The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr. Jan 1991

The Americans With Disabilities Act: Analysis And Implications Of A Second-Generation Civil Rights Statute, Robert L. Burgdorf Jr.

Journal Articles

Martin Luther King, Jr. once wrote that our nation's civil rights laws were a "sparse and insufficient collection of statutes ... barely a naked framework."' On their faces, many federal civil rights statutes constitute little more than broad directives that "Thou shalt not discriminate." Broadly worded statements outlawing discrimination were the optimal approach to statutory draftsmanship in light of the controversial nature of the civil rights laws passed in the 1960s and 1970s. The drafters of these statutes needed to craft language that would be palatable to a majority of the members of Congress while still having a meaningful impact …


Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center Jan 1991

Implementing Winters Doctrine Indian Reserved Water Rights: Producing Indian Water & Economic Development Without Injuring Non-Indian Water Users?, Reid Peyton Chambers, John E. Echohawk, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

18 p. ; 28 cm


Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 1, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center Jan 1991

Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 1, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 v. : maps ; 28 cm


Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 2: Case Studies, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center Jan 1991

Facilitating Voluntary Transfers Of Bureau Of Reclamation-Supplied Water: Volume 2: Case Studies, Lawrence J. Macdonnell, Richard W. Wahl, Bruce C. Driver, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

1 v. : maps ; 28 cm


Water Allocation During Drought In Arizona And Southern California: Legal And Institutional Responses, David H. Getches, University Of Colorado Boulder. Natural Resources Law Center Jan 1991

Water Allocation During Drought In Arizona And Southern California: Legal And Institutional Responses, David H. Getches, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

vi, 101 p. : maps ; 28 cm


Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark Jan 1991

Love And Chicken Soup For Free: Goldstein's Mother-Love And Abortion, Elizabeth B. Clark

Publications

In 1904 the Carnegie Hero Fund Commission set out its criteria for awarding medals for heroism: an unpaid actor must have voluntarily risked life and limb to rescue a victim to whom he or she was unrelated by any family tie. Such behavior toward family members was expected. In these days of perilous family life the performance of obligations associated with ongoing family relations is no longer taken for granted but has taken on new, heroic dimensions. The volunteer mother, who renders her services to her child amply and without reward, is the hero of Robert Goldstein's new book, Mother-Love …


Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green Jan 1991

Review Of The Province Of Legislation Determined: Legal Theory In Eighteenth-Century Britain, Thomas A. Green

Reviews

David Lieberman's lucid and sure-footed reinterpretationof late-eighteenth and early-nineteenth-century jurisprudence is original, thoughtful, analytically acute, and a pleasure to read. Lieberman argues that Bentham's law reform ideas must be viewed in relation to earlier (and contemporary) reform traditions. Bentham's views were more complex than the long-held myth would have it, partly because they were more derivative, at least in his early enterprises, combining as they did a reception of earlier notions with the novelty for which he is usually credited. Blackstone and Mansfield, on this account, were not the match stick figures they are sometimes made out to be; the …


Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino Jan 1991

Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino

Fordham Law Review

No abstract provided.


Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr. Jan 1991

Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.

Fordham Law Review

No abstract provided.


The Office Of Thrift Supervision, Robert Cooper Jan 1991

The Office Of Thrift Supervision, Robert Cooper

Fordham Law Review

No abstract provided.


A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal Jan 1991

A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal

Fordham Law Review

No abstract provided.


The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr. Jan 1991

The Canons Of Construction In Georgia: "Anachronisms" In Action, R. Perry Sentell Jr.

Scholarly Works

Two initial observations may be tendered concerning the canons of interpretations: The literature, almost uniformly, discredits them; the courts, almost uniformly, employ them. The purpose of this effort is to reflect some sense of background, and illustratively to marshal the Georgia experiences with what are perhaps the three most famous canons of interpretation.


Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff Jan 1991

Assessing The Limited Liability Company, Wayne M. Gazur, Neil M. Goff

Publications

The limited liability company is one of the newest forms of business organization. This form combines the limited liability of a corporation with the tax benefits normally associated with a partnership. The authors examine various implications and ramifications of this organizational form.


Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley Jan 1991

Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley

Scholarly Works

Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …


A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler Jan 1991

A Coda On Supplemental Jurisdiction, Stephen B. Burbank, Thomas D. Rowe Jr., Thomas M. Mengler

All Faculty Scholarship

No abstract provided.


United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson Jan 1991

United States V. Mcgoff: Can Lawyers Be Taught How To Read Statutes, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus Jan 1991

The Tragedy Of Distrust In The Implementation Of Federal Environmental Law, Richard J. Lazarus

Georgetown Law Faculty Publications and Other Works

The need to reduce dramatically the strain we place on the natural environment is simultaneously immediate and long-term. Our domestic laws reflect that understanding and express a symbolic commitment to that goal. Those laws have achieved, moreover, significant improvement in discrete areas and, in some others, have managed to resist further environmental degradation in the face of a growing economy. For that reason, they warrant great praise. The past twenty years nevertheless reveal that those same laws decline to undertake the concomitant modification of our governmental institutions, and the way we think about them, which is necessary for a fuller …


Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien Jan 1991

Parental Leaves And Poor Women: Paying The Price For Time Off, Maria O'Brien

Faculty Scholarship

This Article presents a critique of unpaid "parental" leaves and the parental leave legislation recently passed by Congress.1 Eight states have already enacted parental leave statutes of various kinds.' For the sake of simplicity and uniformity, however, this Article focuses on the proposed federal legislation3 and its anticipated effects on unemployed and underemployed women.4 Specifically, this Article argues that the debate about parental leave 5 has ignored the possibility that the cost of this mandated benefit is likely to be borne by poor, low-skill working women6 who will find that their job opportunities narrow as employers try to shift some …