Law Commons^™

Recent Changes In The Duration Of Copyright In The United States And European Union:  Procedure And Policy, Lisa M. Brownlee

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Restoring The West’S Waters: Opportunities For The Bureau Of Reclamation, Volume Ii: Phase Two Area Studies, Lawrence J. Macdonnell, Teresa A. Rice, Judith Jacobsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

2 v. : ill. ; 28 cm

V. 2. PHASE TWO AREA STUDIES: Foreword -- The Yakima River Basin, Washington / Larry MacDonnell -- The Upper Snake River Basin, Idaho / Teresa Rice -- The Truckee-Carson River Basins, California and Nevada / Larry MacDonnell -- The North Platte River Basin, Wyoming / Lawrence J. MacDonnell, Judith Jacobsen -- The Upper Colorado River Basin, Colorado / Larry MacDonnell -- The Middle Rio Grande Basin, New Mexico / Teresa Rice

The American Dream In Legislation: The Role Of Popular Symbols In Wealth Tax Policy, William S. Blatt

Articles

No abstract provided.

A Feminist Exploration Of Issues Around Assisted Death, Jocelyn Downie, Susan Sherwin

Articles, Book Chapters, & Popular Press

Although a great deal of public attention has recently been focused on issues around assisted death remarkably little of it has come from an explicitly feminist perspective. This is a serious omission at a time when legislators are feeling pressure to review and perhaps revise existing policies on assisted death, and when the policies they contemplate may have a significant negative and disproportionate impact on women. We think it is essential that there be some discussion of these issues from an explicitly feminist perspective in order to ensure that concerns about the oppression of women become part of the public …

The Case For A "Strong" Regulatory Compliance Defense, Richard C. Ausness

Law Faculty Scholarly Articles

Federal administrative agencies have established safety standards or licensing procedures for airplanes, motor vehicles, pesticides, drugs, medical devices, and a variety of other products. At the same time, product sellers are subject to tort liability even though their products comply with applicable federal safety standards. Product sellers maintain that compliance with federal safety standards ought to protect them from liability under state tort law and have relied upon several legal principles to support this claim. The first, and most successful, theory is federal preemption. Under this concept, Congress may expressly or impliedly assert the primacy of federal law under the …

Plugs, Holes, Filters, And Goals: An Analysis Of Legislative Attitudes, M.B.W. Sinclair

NYLS Law Review

No abstract provided.

Rethinking Civil Rights And Employment At Will: Toward A Coherent National Discharge Policy, Ann C. Mcginley

Scholarly Works

America's employment discharge policy begs for reform. Although most states have created exceptions to the employment at will doctrine, the doctrine thrives. Title VII of the Civil Rights Act of 1964 (“Title VII”), which bans discrimination in employment based on race, gender, color, religion, and national origin, has proved ineffective in combating employment discrimination. Despite the statutory and common law exceptions to the employment at will doctrine, today's employees may have less job security than in the past. Although I applaud the Commissioners' efforts toward achieving justice in the workplace, I believe that abolishing the employment at will doctrine through …

The Chaotic Pseudotext, Paul F. Campos

Publications

No abstract provided.

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

The Voice Of Edith Cowan: Australia's First Woman Parliamentarian 1921-1924, Harry C.J. Phillips

Research outputs pre 2011

On 12 March 1996 the Honourable Justice French, as Chancellor of Edith Cowan University, led a rededication ceremony of the Edith Cowan Clock Tower. This occasion, the seventy-fifth anniversary of Edith Cowan's election to the Legislative Assembly, was immediately followed by a breakfast at the nearby Parliament of Western Australia. During the evening a touring exhibition of Edith Cowan's life was launched titled "A Tough Nut to Crack". Then five days later Professor Geoffrey Bolton spoke at St George's Cathedral to celebrate a "Life of Service" by Edith Cowan.

The Voice of Edith Cowan is another contribution to the anniversary. …

Constitutional Constancy: Why Congress Should Cure Itself Of Amendment Fever, Kathleen M. Sullivan

Cardozo Law Review

The annual Benjamin N. Cardozo Lecture was delivered at the House of the Association on October 25, 1995, in memory of Benjamin N. Cardozo.

Restoring The West's Waters: Opportunities For The Bureau Of Reclamation, Volume I: Section One: Summary Of Findings, Section Two: Case Studies, Lawrence J. Macdonnell, Teresa A. Rice, Judith Jacobsen, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

2 v. : ill. ; 28 cm

V. 1. SUMMARY OF FINDINGS: Introduction -- Summary of Phase One findings -- Summary of Phase Two findings -- Selected illustrations from area studies -- Overview of changes under way -- Conclusion -- CASE STUDIES: Rapid Valley Unit, and Project, Rapid Creek, South Dakota / Daniel Reimer -- Nelson Reservoir, Milk River Project, Montana / Roberta Hoy -- Canyon Ferry Dam, Missouri River, Montana / Daniel Reimer -- Hungry Horse Dam, South Fork Flathead River, Montana / Robert Hoy -- Glendo Dam, North Platte River, Wyoming / Beth Doherty -- Seminoe Dam to …

New Options For The Lower Colorado River Basin, Lawrence J. Macdonnell, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

53 leaves ; 29 cm

Welfare Reform And Child Care: A Proposal For State Legislation, Clare Huntington

Faculty Scholarship

The shortage of subsidized child care creates three problems. First, it contributes to underemployment because job options are greatly reduced when child care is unavailable. Second, it erodes the wages of parents who do work because low-income families spend a debilitating percentage of their earnings to pay for the care of their children. Third, it relegates many children to poor quality child care settings, compromising their academic potential and social well-being, and placing them at risk for delinquency and dependency. Part I of this article discusses the current paucity of quality, affordable child care, and the effects of this shortage. …

Bowers V. Hardwick, Romer V. Evans, And The Meaning Of Anti-Discrimination Legislation, Marc A. Fajer

Articles

No abstract provided.

A Sweet Home No More?: The Future For Habitat Protection Under The Endangered Species Act, Federico Cheever, Murray D. Feldman, University Of Colorado Boulder. Natural Resources Law Center

A Sweet Home No More?: The Future for Habitat Protection Under the Endangered Species Act (November 29)

20 pages.

Includes bibliographical references and biographical information for Federico Cheever and Murray D. Feldman.

Contents:

Babbitt v. Sweet Home Chapter of Communities for a Greater Oregon / Federico Cheever -- The Sweet Home decision and private property issues / Murray D. Feldman -- Memorandum of Agreement between the State of Colorado and the Department of the Interior concerning programs to manage Colorado's declining native species

The U.S. Supreme Court decision in Babbitt v. Sweet Home Chapter of Communities for a Great Oregon,115 S.Ct. 2407 (1995), held that the Department of the Interior reasonably construed Congress' intent when it included …

Environmental Regulation Of Oil And Gas Development On Tribal Lands: Who Has The Authority?, Richard B. Collins, Tom Shipps, Marla Williams, University Of Colorado Boulder. Natural Resources Law Center

Environmental Regulation of Oil and Gas Development on Tribal Lands: Who Has the Authority? (November 1)

14 pages.

Collection of 3 papers presented at the Hot Topics in Natural Resources Law program held on Nov. 1, 1995.

Includes bibliographical references.

Contents:

Environmental regulation of oil and gas development on tribal lands : who has authority? / Richard Collins -- Environmental regulation of energy resource development on Indian reservation land / Tom Shipps -- Colorado Oil and Gas [Conservation] Commission jurisdiction over environmental matters on Indian lands / Marla Williams

Jurisdiction to regulate the environmental impacts of oil and gas development on the reservation has been contested by tribes, the state, private land owners and federal agencies. …

The Constitutionality Of Legislative Supermajority Requirements: A Defense, John O. Mcginnis, Michael B. Rappaport

Articles

No abstract provided.

Rules Of The Road:  The Constitutional Limits Of Restricting Indecent Speech On The Information Superhighway, Stacey J. Rappaport

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Losing The Struggle For Another Voice: The Case Of Family Law, Carol Smart

Dalhousie Law Journal

This paper is based on empirical work in progress concerning co-parenting and the ways in which mothers and fathers organize the care of children after separation. It deals with two foundational issues: Gilligan's concept of "another voice" and its congruence with recent developments in family law in the United Kingdom and otherdeveloped countries including Canada and the United States. The author concludes that the ethic of care incorporated in the British legislation and given some expression in the judicial system does not fully recognize two kinds of caring. There is caring about and caring for. The caring about of fathers …

Mikmaw Tenure In Atlantic Canada, James [Sákéj] Youngblood Henderson

Dalhousie Law Journal

The Supreme Court of Canada has characterized aboriginal title to land as a sui generis legal interest. This essay describes the sui generis interest of Mikmaw tenure in Atlantic Canada from a Mikmaq linguistic perspective. The author argues the prerogative treaties and legislation of the eighteenth century suggest it is a reserved and protected tenure, which in Eurocentric law might be reconceptualized as allodial tenure.

The Aftermath Of Kansas V. Colorado: Regulation Of Well Pumping In The Arkansas Valley, Hal Simpson, David L. Harrison, Michael T. Mitchell, Steve Arveschoug, University Of Colorado Boulder. Natural Resources Law Center

The Aftermath of Kansas v. Colorado: Regulation of Well Pumping in the Arkansas Valley (September 18)

27 pages.

Contents:

Draft rules and regulations governing the use, control, and protection of surface and ground water rights in the Arkansas River and its tributaries : revised draft, September 6, 1995 / Hal Simpson -- Lower Arkansas Water Management Association viewpoint / David L. Harrison -- Aftermath of Kansas v. Colorado : concerns of surface users / Michael T. Mitchell -- Aftermath of Kansas vs. Colorado : role of the Southeastern Colorado Water Conservancy District / Steve Arveschoug

On May 15, 1995 the Supreme Court handed down its opinion in the case of Kansas v. Colorado, 1995 WL 283477 …

Whooping Cranes And Piping Plovers: Watershed Problem Solving On The Platte, Elizabeth Rieke, Gordon W. (Jeff) Fassett, University Of Colorado Boulder. Natural Resources Law Center

Whooping Cranes and Piping Plovers: Watershed Problem Solving on the Platte (April 27)

21 pages.

Includes illustrations, maps, and biographical information for Gordon W. Fassett and James S. Lochhead.

Habitat for species listed as endangered under federal law along the Platte River in Nebraska has been adversely affected by decreased river flows, resulting in federal legal barriers to further water development throughout the basin in three states. In June 1994 state and federal officials entered an agreement to develop a basin-wide recovery plan. Elizabeth Rieke, Assistant Secretary for Water & Science, Dept. of Interior, will discuss federal perspectives. Gordon (Jeff) Fassett, Wyoming State Engineer, and J. Michael (Mike) Jess, Nebraska …

Legal And Political Hermeneutics, Or Principles Of Interpretation And Construction In Law And Politics, With Remarks On Precedents And Authorities, Francis Lieber

Cardozo Law Review

The second edition of the Hermeneutics was published in 1839, and has now been out of print for almost forty years. In 1860 Dr. Lieber carefully revised it, and made additions to both text and notes, expecting to publish a third edition, with a second part, of "Special Hermeneutics, or Legal Rules of Interpretation and Construction," by an eminent member of the New York Bar, Mr. William Curtis Noyes. This plan, however, was not carried out, and Mr. Noyes died December 25, 1863, without having written his proposed part. The text of the present edition, and Dr. Lieber's own notes, …

Deregulation Of The Natural Gas Industry, Elisabeth Pendley

Implications of FERC Order No. 636 for the Natural Gas Industry (March 13)

4 pages.

Hot Topic: Implications of FERC Order No. 636 for the Natural Gas Industry.

After one year of natural gas pipeline deregulation, what impact has Order No. 636, issued by the Federal Energy Regulatory Commission in 1992, had on the natural gas industry - specifically, pipeline and local distribution companies? What additional changes might occur? Elisabeth Pendley, of KN Energy and the NRLC 1995 El Paso Natural Gas Law Fellow, will discuss the dramatic changes to the natural gas industry caused by FERC Order No. 636.

Congressional Risk Proposals, Dalton G. Paxman

RISK: Health, Safety & Environment (1990-2002)

Dr. Paxman relates how an ambitious environmental agenda supported by the Administration and many members of the 103d Congress was ultimately derailed. He associates this with an apparently ever-growing interest in risk assessment.

Deregulation Of The Energy Industry, Elisabeth Pendley, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

43 p. ; 28 cm

Conserving Biodiversity On Private Lands, David Farrier, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

19 p. ; 28 cm

The Law Of The Colorado River: Coping With Severe Sustained Drought, Lawrence J. Macdonnell, David H. Getches, William C. Hugenberg, Jr., University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

p. 825-836 : map ; 28 cm

The Dignity Of Legislation , Jeremy Waldron

Maryland Law Review

No abstract provided.