Law Commons^™

Federal Regulation Of Collective Bargaining By State And Local Employees: Constitutional Alternatives, Ronald C. Brown

South Carolina Law Review

No abstract provided.

Legal Drafting: Writing As Thinking, Or, Talk-Back From Your Draft And How To Exploit It, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Water Use Permits In A Riparian State: Problems And Proposals, Richard C. Ausness

Law Faculty Scholarly Articles

Although adequate supplies of water are generally available in Kentucky, the law governing its use and allocation is much less satisfactory. At present, Kentucky water law is a complex mixture of common law and statutory water rights. The purpose of this article is to evaluate these water rights and suggest a number of improvements. Part I will examine the common law rules as they relate to both surface water and ground water. Part II will focus upon Kentucky's present system of statutory water use regulation and will identify some of its more serious deficiencies. Part III will recommend some short-range …

Recent Developments

American Indian Law Review

No abstract provided.

Recent Federal Developments

American Indian Law Review

No abstract provided.

Chapter Vi Penal Sanctions For Maltreatment Of Prisoners Of War, Howard S. Levie

International Law Studies

No abstract provided.

A Proposal For Revision Of The Florida Constitution: Environmental Rights For Florida Citizens, Martha L. Harrell

Florida State University Law Review

No abstract provided.

Survey Of Develpoments In West Virginia Law: 1977, Joseph W. Bowman, Thomas Evans, Janet Archer Goodwin, Laura Jane Kelly, Kenneth E. Tawney

West Virginia Law Review

No abstract provided.

Judicial Protection Of Minorities, Terrance Sandalow

Articles

In United States v. Carolene Products Co., Justice Stone suggested by indirection that there "may be narrower scope for operation of the presumption of constitutionality" when courts are called upon to determine the validity "of statutes directed at particular religious . . . or national . . . or racial minorities."' In such cases, he explained, "prejudice against discrete and insular minorities may be a special condition, which tends seriously to curtail the operation of those political processes ordinarily to be relied upon to protect minorities, and which may call for a correspondingly more searching judicial inquiry."' Forty years later, …

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

Kentucky Law Survey: Commercial Law And Consumer Credit, Harold R. Weinberg

Law Faculty Scholarly Articles

This article is a survey of commercial law and consumer credit in the Commonwealth of Kentucky. The most significant development during the past survey year was the demise of the holder in due course doctrine and other related doctrines which insulated creditors financing consumer sales from consumer claims and defenses. As a result of this development, consumers will now be able to assert claims or defenses arising out of the sale financed against the financer under certain circumstances. Other developments also surveyed herein relate to the Uniform Commercial Code statutes of frauds and prejudgment creditors’ remedies.

Towards Integrated Management Of International Trade - The U.S. Trade Act Of 1974, Kazimierz Grzybowski, Victor Rud, George Stepanyenko

Faculty Scholarship

No abstract provided.

Problems In Attempting To Translate Statuory Standards Into Emission Limitations Under Air And Water Pollution Control Legislation, Jonathan L.F. Silver

Articles

No abstract provided.

Public Participation In The Regulation Of Utilities By The Virginia State Corporation Commission: How The Commission Makes Public Policy While It Makes Rates, John T. Schell, Philip Sparks

William & Mary Law Review

No abstract provided.

Banking Structure And Statewide Branching: The Potential For Virginia, David C. Parcell

William & Mary Law Review

No abstract provided.

Legal Institutions For The Allocation Of Water And Their Impact On Coal Conversion Operations In Kentucky, Richard C. Ausness, Gary W. Callahan, Steven W. Dills, Bill H. Flynn, John S. Gillig

KWRRI Research Reports

The conversion of coal into other types of fuel through gasification and liquefaction has been proposed as a means of coping with America's increasing energy needs. Coal conversion plants require large quantities of water for cooling purposes and for use as a raw material.

There are three types of water allocation presently used in the United States, riparianism, prior appropriation, and administrative permit systems. The common law riparian system is undesirable because under it water rights are insecure and subject to locational use restrictions. Prior appropriation is better, but the permanent water right created under this system results in excessive …

Survey Of Developments In West Virginia Law: 1975-1976, Lloyd George Jackson Ii, John Burdick Koch, Alan Dale Moats, Thomas A. Vorbach

West Virginia Law Review

No abstract provided.

Fetal Research--The Legislative Answer, Roberta Sue Core

West Virginia Law Review

No abstract provided.

An Intermediate National Appellate Court: Solution Or Diversion, Stephen C. White

Villanova Law Review (1956 - )

No abstract provided.

Substantive Validity Challenges Under The Pennsylvania Municipalities Planning Code: The Practitioner And The New Procedures, Benjamin N. Henszey, Benjamin Novak

Villanova Law Review (1956 - )

No abstract provided.

Tax Shelters Under The Tax Reform Act Of 1976, Lawrence J. Lee

Villanova Law Review (1956 - )

No abstract provided.

The Corporate Patent - Reform Or Retrogression, Mary Helen Sears

Villanova Law Review (1956 - )

No abstract provided.

State Ex Rel. Swann V. Pack: Self-Endangerment And The First Amendment, Sarah N. Welling

Law Faculty Scholarly Articles

For many years there has been some controversy over whether an individual has the right to endanger himself if his conduct threatens no direct harm to others. This issue has come up in a number of contexts including committing suicide, wearing a helmet while riding a motorcycle, engaging in endurance contests, and refusing a medically indicated blood transfusion. Recently it was raised again when the Holiness Church of God in Jesus Name in the mountains of Tennessee went to court over the right of its members to drink poison. On September 8, 1975, the Supreme Court of Tennessee handed down …

The Small Tax Case Procedure: How It Works--Does It Work?, Christopher J. Badum

Fordham Urban Law Journal

In 1968 the section of Taxation of the American Bar Association proposed an amendment to the Internal Revenue Code of 1954 to provide for a small claims division in the United States Tax Court. Such a division was thought to be a necessary alternative to the often expensive and time consuming tax litigation procedure in the Tax Court, the Court of Claims, and the district court. Congress adopted the proposal and it was incorporated into the Tax Reform Act of 1969. This Note will discuss the proceedings of bringing suit in the Small Tax Case Division and will propose ways …

Toward Equal Delivery Of Municipal Services In The Central Cities, Kenneth W. Bond

Fordham Urban Law Journal

Urban living has become inevitable for most Americans in central cities and government assistance has risen steadily to help the masses crowded in the urban complex. Legislation has been aimed at equalizing the opportunity for employment, decent housing, voting, education, basic social welfare, and a host of other concerns considered elemental for the fulfillment of the “American dream.” Until recently, the courts have been slow to act affirmatively to remedy the inequities related to the enforcement of such legislation. Recent cases suggest an attitude of benign complacency in the Supreme Court, allowing it to ignore critical socio-economic problems in the …

Alaska Native Claims Settlement Act: Analysis Of The Protective Clauses Of The Act Through Comparison With The Dawes Act Of 1887, Lauren L. Fuller

American Indian Law Review

No abstract provided.

Interlocking Directorates - Present Anti-Trust Enforcement Interest Placed In Proper Analytical Perspective, James T. Halverson

Villanova Law Review (1956 - )

No abstract provided.

An Examination Of Congressional Powers Under Section 5 Of The 14th Amendment, Gene R. Nichol Jr.

Faculty Publications

No abstract provided.

The Law Of Water Allocation In Kentucky, Richard C. Ausness, Bill H. Flynn

KWRRI Research Reports

This study discusses navigability concepts, consumptive rights to surface and ground waters, the disposal of diffused surface waters and the administration of Kentucky's statutory water allocation system.

Federal regulatory powers are based on navigability as is state ownership of submerged lands. Kentucky uses the ebb-and-flow test of navigability to determine title to submerged lands but uses a navigability-in-fact test to determine the scope of state regulatory authority. Consumptive uses of water in Kentucky are governed by the riparian landowner to use as much water as he needs as long as his use does not interfere with the legitimate uses of …

Patent Law Reform: A Legislative Perspective Of An Extended Gestation, Hugh Scott, Dennis Unkovic

William & Mary Law Review

No abstract provided.