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Legislation

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Articles 1411 - 1440 of 1943

Full-Text Articles in Law

The Hidden Gender Of Law, Christine Boyle May 1992

The Hidden Gender Of Law, Christine Boyle

Dalhousie Law Journal

Two legal academics who set out to produce a book of materials with such a title could weave many components into it. They could explore feminist methodology, and show how much feminist legal scholarship has in common with feminist scholarship generally. They could illustrate the influence of feminist academic work on actual legal decisions and legislation. They could discuss feminist scholarship and legal education, including the dramatic developments over the last twenty years. Questions about fundamental values - equality, liberty, security, fairness - could be addressed. Materials could be included from the field of law often called Women and the …


505 And All That—The Defendant’S Dilemma, Peter Jaszi Apr 1992

505 And All That—The Defendant’S Dilemma, Peter Jaszi

Law and Contemporary Problems

Section 505 of the Copyright Act of 1909 was carried forth, without substantive change, into the Copyright Act of 1976. An assessment of section 505 is presented.


South Carolina's New Ucc Article Eight: Towards A Uniform Securities System, Martin C. Mcwilliams Jr., Lee Ann Anderson Apr 1992

South Carolina's New Ucc Article Eight: Towards A Uniform Securities System, Martin C. Mcwilliams Jr., Lee Ann Anderson

South Carolina Law Review

No abstract provided.


1992 Virginia Legislative Summary, Editors Of The William & Mary Environmental Law And Policy Review Apr 1992

1992 Virginia Legislative Summary, Editors Of The William & Mary Environmental Law And Policy Review

William & Mary Environmental Law and Policy Review

The following are synopses of forty-four pieces of important legislation concerning Virginia's natural environment that the General Assembly enacted and the Governor signed into law in 1992, as of April 6, 1992.


Design Protection And The Legislative Agenda, J. H. Reichman Apr 1992

Design Protection And The Legislative Agenda, J. H. Reichman

Law and Contemporary Problems

An argument is made that an appropriate design protection law is in the best interests of the US. Without such a design law, industries will continue to seek anti-competitive protection from the government.


The Natural Resources Law Center: Our First Decade: Informing Natural Resources Decisions, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

The Natural Resources Law Center: Our First Decade: Informing Natural Resources Decisions, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

[20] p. : ill. ; 28 cm


The Western Public Lands: An Introduction, Sarah F. Bates, University Of Colorado Boulder. Western Lands Program, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

The Western Public Lands: An Introduction, Sarah F. Bates, University Of Colorado Boulder. Western Lands Program, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

72 p. : ill., maps ; 28 cm


Restoring Endangered Ecosystems: The Truckee-Carson Water Rights Settlement, David Yardas, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

Restoring Endangered Ecosystems: The Truckee-Carson Water Rights Settlement, David Yardas, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

12 p. : map ; 28 cm


Contributions To Sustainable Development From The Legal Community: Opportunity For International Cooperation, Rodrigo Barahona, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

Contributions To Sustainable Development From The Legal Community: Opportunity For International Cooperation, Rodrigo Barahona, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

9 p. ; 28 cm


Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast Jan 1992

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.


Point, Andrew Popper Jan 1992

Point, Andrew Popper

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Discretion And Rules: A Lawyer's View, Carl E. Scheider Jan 1992

Discretion And Rules: A Lawyer's View, Carl E. Scheider

Book Chapters

In modern society the law regulates the complex behavior of millions of people. To do this efficiently-to do this at all-broadly applicable rules must be used. Yet such rules are bound to be incomplete, to be ambiguous, to fail in some cases, to be unfair in others. Some of the drawbacks of rules can be minimized by giving discretion to the administrators and judges who apply them. Yet doing so dilutes the advantages of rules and creates the risk that discretion may be abused. Working out the proper balance of these considerations is both necessary and perplexing in every area …


The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post Jan 1992

The Question Of Family: Lesbians And Gay Men Reflecting A Redefined Society, Libby Post

Fordham Urban Law Journal

The cutting edge issue in the gay community is now the fight for domestic partnership rights. The absence of domestic partnership rights have resulted in the unequal treatment of an entire class of citizens, with gays and lesbians routinely denied jobs, housing, economic benefits such as health care, insurance, public accommodations, and may even result in these individuals being fired or facing eviction solely because of their sexual orientation. The author argues that to rectify these injustices, we must redefine the definition of family to be more in line with that used in New York's Braschi v. Stahl Assocs. Co., …


What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney Jan 1992

What Do You Mean My Partnership Has Been Petitioned Into Bankruptcy?, Karen E. Blaney

Fordham Urban Law Journal

Bankruptcy law regarding partnerships differs from the law pertaining to individuals and corporations. Only a partnership can be involuntarily petitioned into bankruptcy by individuals within the organization. Involuntary petitions can be used by general partners as bargaining chips, and may encourage partners who can personally benefit from filing to do so, even if the act would be detrimental to the partnership. Under present bankruptcy law, an involuntary petition may be commenced against a partnership by fewer than all of the general partners in such partnership. In comparison to prior bankruptcy provisions governing a partner's involuntary petition against the partnership, the …


Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly Jan 1992

Capital Punishment: A Critique Of The Political And Philosophical Thought Supporting The Justices' Positions., Samuel J.M. Donnelly

St. Mary's Law Journal

Since Gregg v. Georgia, the Supreme Court has developed what could be described as a subparadigm for capital punishment. This subparadigm is now at a point of crisis for two enduring and mutually supporting reasons. The dissents by Justice Brennan and Justice Marshall represent the convergence of the better modern thought in regard to capital punishment. Even with the retirement of both Justices, the criticism found in their dissenting opinions presents a continuing challenge to the plurality’s position. Those using the plurality’s rhetoric are now split into two groups. Justices Blackmun and Stevens regularly vote against capital punishment, while focusing …


The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii Jan 1992

The Dimensions Of American Constitutional Equality, J. Harvie Wilkinson Iii

Law and Contemporary Problems

Liberty and equality are the hallmark characteristics of any legal order. Constitutional equality in the US is discussed. The rights of equality are not economic in nature, and they are not subject to strictly majority rule.


Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny Jan 1992

Question Of Class: Does 42 U.S.C. Section 1985(3) Protect Women Who Are Barred From Abortion Clinics, Mary F. Leheny

Fordham Law Review

No abstract provided.


Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman Jan 1992

Environmental Reforms In Post-Communist Central Europe: From High Hopes To Hard Reality, David Hunter, Margaret Bowman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


A Decade's Experience In Implementing A Land-Use Environmental Impact Assessment System In Israel In View Of The American And European Experience, Ruth Rotenberg, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

A Decade's Experience In Implementing A Land-Use Environmental Impact Assessment System In Israel In View Of The American And European Experience, Ruth Rotenberg, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

ii, 38 p. ; 28 cm


Recreation Use Limits And Allocation On The Lower Deschutes River, Sarah F. Bates, University Of Colorado Boulder. Natural Resources Law Center Jan 1992

Recreation Use Limits And Allocation On The Lower Deschutes River, Sarah F. Bates, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

iii, 73 p. ; 28 cm


Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz Jan 1992

Judicial Textualism Meets Congressional Micromanagement: A Potential Collision In Clean Air Act Interpretation, Michael E. Herz

Articles

No abstract provided.


Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter Jan 1992

Corporate Pro-Choice: New York Assumes An Anti-Takover Position, Paula Walter

Touro Law Review

No abstract provided.


Content Of Appropriation Bills Jan 1992

Content Of Appropriation Bills

Touro Law Review

No abstract provided.


“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler Dec 1991

“The Prophet Stumbles”: Brandies, The Bill Of Rights, And Prohibition, Natalie Wexler

Cardozo Law Review

No abstract provided.


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.


“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.


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.


“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.


Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz Jun 1991

Textualism And Taboo: Interpretation And Deference For Justice Scalia, Michael E. Herz

Cardozo Law Review

No abstract provided.


Foreword, David Rudenstine Jun 1991

Foreword, David Rudenstine

Cardozo Law Review

No abstract provided.