Law Commons^™

Reflections On Sixty Years Of Water Law Practice, Glenn G. Saunders, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

50 p. ; 28 cm

Public-Private Partnerships In Biomedical Research: Resolving Conflicts Of Interest Arising Under The Federal Technology Transfer Act Of 1986, Thomas N. Bulleit Jr.

Journal of Law and Health

The Federal Technology Transfer Act of 1986 offers private industry the opportunity to enter into cooperative research and development agreements with scientists in federal laboratories and to gain rights in intellectual property resulting from such collaborations. Increased collaborations with private industry, however, expands the potential for conflicts of interest. Resolution of the tensions between the Technology Transfer Act and federal conflict of interest rules is important because federal laboratories, such as the NIH, are experiencing a loss of senior scientists to universities and private industry due to inadequate compensation. These tensions may be resolved by some combination of policies, regulations, …

Hazardous Chemicals In The Workplace: The Employer's Obligation To Inform Employees And The Community., Nelson A. Clare

St. Mary's Law Journal

Significant changes have recently occurred in reporting requirements for employers who have hazardous chemicals in their workplaces. The amended Federal Hazard Communication Standard requires private employers, engaged in a business using hazardous chemicals, to communicate to employees the potential hazards. The Standard requires employers to use: 1) a Hazard Communication Program, 2) labels and other forms of warning, 3) material safety data sheets, and 4) information and training about hazardous chemicals. Local and state governments must compare and reconcile the various and complex provisions relating to the Standard to ensure compliance with all requirements of the respective laws. The Texas …

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

The Supreme Court's Denial Of Reasonable Attorney's Fees To Prevailing Civil Rights Plaintiffs, Jean R. Sternlight

Scholarly Works

The Supreme Court, through a series of recent decisions has effectively overridden Congress’ dictate that prevailing civil rights plaintiffs are entitled to recover reasonable attorney’s fees and costs. The solution to the current crisis lies not in reluctant court-appointed attorneys, but rather in a broad-based reform of the law regarding court-awarded attorney’s fees.

This article argues that only action by Congress will suffice to override the Supreme Court’s erroneous ruling and ensure just compensation for civil rights attorneys. Absent such legislation, it seems virtually certain that both the quantity and quality of civil rights litigation will continue to decrease. Fewer …

Bent Pegs And Round Holes: New Concerns For Oil And Gas Commissions, Kemp Wilson, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

12 p. ; ill ; 28 cm

Transferring Water Rights In The Western States: A Comparison Of Policies And Procedures, Bonnie G. Colby, Mark A. Mcginnis, Ken A. Rait, Richard W. Wahl, University Of Colorado Boulder. Natural Resources Law Center

Books, Reports, and Studies

vi, 90 p. : ill. ; 28 cm

Beyond Mite-Cts V. Dynamics: Has Management Won The Battle In The Fight Against The Tender Offer, And What Injury Has The Individual Shareholder Suffered?, James S. Zmuda

Northern Illinois University Law Review

This Note examines two major Supreme Court cases addressing the conflict between federal and state law governing the use of the tender offer. Congress intended to protect the individual shareholder in making a decision whether to tender shares with voting rights, while balancing the legitimate interests of incumbent management and tender offerors. The Court upset this balance by upholding Indiana's Control Shares Acquisition Act as constitutional in the second of these two cases. This Note will highlight the inconsistencies between the cases, explain the present effect of both, and suggest an approach for states considering the adoption of takeover legislation.

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 …

A Scarcity Of Organs, Judith Areen

Journal of Legal Education

No abstract provided.

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

A Proposal For A Federal Takeover Law, Elliot J. Weiss

Cardozo Law Review

No abstract provided.

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 …

Reconsidering The Amendatory Veto In Illinois, Jack R. Van Der Silk

Northern Illinois University Law Review

This Article considers the controversy surrounding the governor's power of amendatory veto as provided in the 1970 Constitution, and whether this gives the governor too much power over pending legislation. The Article details the history and debate which led to the inclusion of this provision in the current constitutional document, explores the ways the amendatory veto has been used, and describes the ongoing battle between the legislature and the governor concerning its use. The Article concludes that procedural changes in the manner in which the power is used will result in a better balance between the two branches of government.

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

South Carolina Law Review

No abstract provided.

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 history …

The 1980'S Amendment To The Sherman Antitrust Act And The Revitalized Per Se Illegality Of Resale Price Maintenance, Nira Weisel

Cardozo Law Review

No abstract provided.

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

Books, Reports, and Studies

12 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

Books, Reports, and Studies

46 p. : ill., maps ; 28 cm

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

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 …

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.

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.

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 …

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

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 …

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

Faculty Publications

No abstract provided.

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

Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces

Cardozo Law Review

No abstract provided.

State And Local Government, Gregory W. Vanagel

South Carolina Law Review

No abstract provided.