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Articles 31 - 60 of 67
Full-Text Articles in Law
City Of Indianapolis V. Edmond: An Unprecedented Use Of “Primary” Purpose Leaves Wide Open The Door For “Secondary” Problems, Leslie P. Butler
City Of Indianapolis V. Edmond: An Unprecedented Use Of “Primary” Purpose Leaves Wide Open The Door For “Secondary” Problems, Leslie P. Butler
Saint Louis University Law Journal
No abstract provided.
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Of Cherries, Fudge, And Onions: Science And Its Courtroom Perversion, David W. Peterson, John M. Conley
Law and Contemporary Problems
The thesis of this article is that the Supreme Court decision in Daubert v. Merrell Dow Pharmaceuticals, Inc.'s focus on the scientific method, however rigorously applied, invites certain classes of abuses. There are instances in which evidence can be made to look more scientific by a process that in fact and substance makes is utterly unscientific.
Lawyering For The Middle Class: Foreword, Nancy J. Moore
Lawyering For The Middle Class: Foreword, Nancy J. Moore
Fordham Law Review
No abstract provided.
Cadaveric Organ Donation And Consent: A Comparative Analysis Of The United States, Japan, Singapore, And China, Sean R. Fitzgibbons
Cadaveric Organ Donation And Consent: A Comparative Analysis Of The United States, Japan, Singapore, And China, Sean R. Fitzgibbons
ILSA Journal of International & Comparative Law
Due to the remarkable advances in medical science, the overall success in organ transplantation has led to one major problem - a shortage of human organs for transplantation.
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center
Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)
Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.
In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.
A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center
Sustainable Use of the West's Water (Summer Conference, June 12-14)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.
Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …
Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky
Messmer V. Teacher's Insurance Company: Turning Florida Law On Its Head, Stephanie A. Yelenosky
Nova Law Review
In our society, damages are often caused by the activities of multiple actors.
To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu
To Protect Developing City By The Enactment Of Local Laws And Regulations, Zilin Wu
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
13 pages.
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
Agenda: The Public Lands During The Remainder Of The 20th Century: Planning, Law, And Policy In The Federal Land Agencies, University Of Colorado Boulder. Natural Resources Law Center
The Public Lands During the Remainder of the 20th Century: Planning, Law, and Policy in the Federal Land Agencies (Summer Conference, June 8-10)
Conference organizers and/or speakers included University of Colorado School of Law professors Lawrence J. MacDonnell and Charles F. Wilkinson.
Public land management has undergone major changes in recent years in response to the greatly increased planning responsibilities mandated by Congress.
Public Lands During the Remainder of the 20th Century: Planning Law and Policy in the Federal Land Agencies looked at management and planning issues related to seven major resources in the public lands: timber, rangeland, minerals, wildlife, water, recreation, and preservation values. Charles F. Wilkinson, Professor of Law, University of Colorado, gave a luncheon talk on "Public Land Planning: Will …
The War On Drugs: Predicting The Status Quo, John Kaplan
The War On Drugs: Predicting The Status Quo, John Kaplan
Nova Law Review
I regard the chances of a major breakthrough which will dramatically change the amount of drug use and abuse among the citizenry or the problems caused by it at the governmental level, as somewhat between small and non-existent.
Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Western Water: Expanding Uses/Finite Supplies, University Of Colorado Boulder. Natural Resources Law Center
Western Water: Expanding Uses/Finite Supplies (Summer Conference, June 2-4)
Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell and David H. Getches.
This conference featured luncheon talks by Colorado Governor Richard D. Lamm and Undersecretary of the Department of the Interior Ann McLaughlin. The conference attracted 115 registrants from 19 states plus the District of Columbia.
Idea Protection And The Copyright Clause: The Problems Of Preemption, Laura Anne Moeller
Idea Protection And The Copyright Clause: The Problems Of Preemption, Laura Anne Moeller
University of Baltimore Law Forum
No abstract provided.
Innovative Transfer And Exchange Plans, Glenn E. Porzak
Innovative Transfer And Exchange Plans, Glenn E. Porzak
Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)
36 pages (includes maps).
Contains footnotes (page 32).
Nontributary Ground Water: A Continuing Dilemma, William A. Paddock
Nontributary Ground Water: A Continuing Dilemma, William A. Paddock
Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)
47 pages.
Contains 2 pages of footnotes.
Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe
Wasted Water: The Problems And Promise Of Improving Efficiency Under Western Water Law, Steven J. Shupe
Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)
61 pages.
Includes footnotes (pages 49-56).
Meeting Colorado’S Water Requirements: An Overview Of The Issues, David H. Getches
Meeting Colorado’S Water Requirements: An Overview Of The Issues, David H. Getches
Colorado Water Issues and Options: The 90's and Beyond: Toward Maximum Beneficial Use of Colorado's Water Resources (October 8)
43 pages (includes tables and map).
Includes 3 pages of footnotes.
Directions For The Future, Clyde O. Martz
Directions For The Future, Clyde O. Martz
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
11 pages.
Includes the Public Land Law Review Commission's 1970 report, A Program for the Future (7 pages).
Access To And Across Public Lands, Rebecca Love Kourlis
Access To And Across Public Lands, Rebecca Love Kourlis
The Federal Land Policy and Management Act (Summer Conference, June 6-8)
16 pages.
Contains list of references (page 1 of text).
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Some Problems With Judicial Review Of Administrative Inconsistency, H. Wade Maclauchlan
Dalhousie Law Journal
In a 1982 law review article Professor David Mullan proposes that we adopt the identification of inconsistency as a basis for judicial review of administrative action.1 On its surface such a proposal may not seem revolutionary. The concept of precedent and rule-oriented decision-making is fundamental to common notions of justice. Arbitrariness in official action offends the rule of law. Hence to resist such a proposal may not seem at the outset a very popular task, especially if the alternative is to tolerate inconsistent administrative action. But it is not the popularity or the unpopularity of the undertaking which is troubling, …
Judicial Enforcement Of Fair Housing Laws: An Analysis Of Some Unexamined Problems That The Fair Housing Amendments Act Of 1983 Would Eliminate, Willy E. Rice
Faculty Articles
Although the study by the National Committee Against Discrimination in 1979 could not determine the “true” incidence of racial discrimination, it did produce some startling results. For example, if a black person were to visit three private apartment complexes, the probability of his encountering racial discrimination would be sixty-one percent. Moreover, an increase in the number of visits dramatically increased the probability of discrimination. The probability of discrimination would be ninety percent if the black prospective renter were to visit seven complexes. The likelihood of discrimination in the sale of housing was also found to be high. For instance, if …
Groundwater Management Under The Florida Water Resources Act, Richard Hamann
Groundwater Management Under The Florida Water Resources Act, Richard Hamann
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
44 pages (includes maps).
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Groundwater: Allocation, Development And Pollution, University Of Colorado Boulder. Natural Resources Law Center
Groundwater: Allocation, Development and Pollution (Summer Conference, June 6-9)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies-and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation; Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
University of Colorado School of Law professors …
Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle
Canadian Environmental Law In The Eighties: Problems And Perspectives, Peter Z. R. Finkle
Dalhousie Law Journal
Environmental law in Canada has developed slowly during the last two decades. While the rise and popularisation of the environmental movement of the sixties and early seventies did encourage the creation of a federal Department of Environment and many provincial counterparts, as well as facilitate the passage of a number of pieces of legislation, there is some question as to how substantial an impact the institutions and legislation have made on Canada society. One problem which has beset the development of adequate environmental legislation is the significant gap which has opened up between the words on paper, the "black letter …
Personal Jurisdiction In Florida: Some Problems And Proposals, Marc Rohr
Personal Jurisdiction In Florida: Some Problems And Proposals, Marc Rohr
Nova Law Review
As any well-taught law student knows, two things must generally
be true in order for an American court to render a binding in personam
judgment against a party who does not reside within the borders of the
state in which the court is located:' (1) the party's conduct must fall
within the terms of a statute of that state, universally known as a "long
arm statute," conferring power upon that state's courts to hear cases of
the kind described therein, and (2) the assertion of personal jurisdiction
under the long arm statute must satisfy the "minimum contacts" test
articulated by …
“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch
“Don’T Go Near The Water” (Coal Leasing On Public Lands), Harrison Loesch
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
5 pages.
The General Mining Act Of 1872, Loren Mall
The General Mining Act Of 1872, Loren Mall
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
48 pages (includes graph).
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Federal Lands, Laws And Policies And The Development Of Natural Resources: A Short Course, University Of Colorado. School Of Law, University Of Colorado Boulder. Natural Resources Law Center
Federal Lands, Laws and Policies and the Development of Natural Resources: A Short Course (Summer Conference, July 28-August 1)
Even before the [Natural Resources Law] Center was established [in the fall of 1981], the [University of Colorado] School of Law was organizing annual natural resources law summer short courses. To date four programs have been presented:
- July 1980: "Federal Lands, Laws and Policies and the Development of Natural Resources"
- June 1981: "Water Resources Allocation: Laws and Emerging Issues"
- June 1982: "New Sources of Water for Energy Development and Growth: lnterbasin Transfers"
- June 1983: "Groundwater: Allocation, Development and Pollution"
(Reprinted from Resource Law Notes, no. 1, Jan. 1984, at 1.)
Instructors for this conference included University …
The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman
The Unpaid Employee As Creditor: Case Comment On Homeplan Realty, Debbie Zatzman
Dalhousie Law Journal
The unpaid employee is a common phenomenon in employment law, and one which poses difficult problems of determining the available rights and remedies. Take Jean, for example, who works full-time in an office for Bill. By virtue of her employment contract, Jean earns a fixed salary at an hourly rate. Moreover, provincial statutes entitle her to vacation pay and holiday pay. Bill falls one month in arrears in paying Jean's wages, because his business is financially unstable. This adds a new dimension to the employment relationship: Jean is not only an employee, but also a creditor of Bill for wages …
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
The Legal Effect Of Marital Separation Agreements Upon Community Property Status: Is It Time To Amend The Constitutional Definition Of Wife's Separate Property., Teresa A. Hunter
St. Mary's Law Journal
The present constitutional definition of married women’s separate property serves to protect the wife’s property rights and to preserve the community property system in Texas. However, the policy reasons for the constitutional definition no longer apply, since there is no present danger of the legislature reducing the property rights of married women or abandoning the community property system. Further, the needs and customs of the people of Texas have changed since the adoption of the original Texas Constitution in 1845. Today, it is estimated that thirty percent of couples who marry in the United States eventually divorce and sixty percent …
Capacity To Marry In The Conflict Of Laws: Some Variations On A Theme, H. Patrick Glenn
Capacity To Marry In The Conflict Of Laws: Some Variations On A Theme, H. Patrick Glenn
Dalhousie Law Journal
Problems of matrimonial capacity in the conflict of laws have traditionally been said to be resolved through a distributive application of the two personal laws in presence - to each his or her own law.' Yet the proponents of this "dual domicile doctrine" have met strong opposition from those who would recognize a paramount interest on the part of the State wherein the marriage is to be fixed, rather than that from which the parties may have come, in determining its validity. Savigny in Germany, 2 Bartin in France, 3 Cook in the U.S.A., 4 and Cheshire5 in England have …