Law Commons^™

Comment On Donohue, Danny Boggs

Law and Contemporary Problems

A comment on John J. Donohue III's article on the effects of fee-shifting rules on the rate of settlements in lawsuits is presented. The article bears out the idea that something may work fine in practice but it remains to be proven if it will work in theory.

Agenda: Innovation In Western Water Law And Management, University Of Colorado Boulder. Natural Resources Law Center

Innovation in Western Water Law and Management (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell, David H. Getches, Charles F. Wilkinson and Richard B. Collins.

Pressures of population, drought, and changing water use have provided the impetus for numerous innovations in water law and management in recent years. The Center's annual conference June 5-7, 1991, will look at innovation and change in five areas--water planning, special water management areas, negotiated settlements of tribal water rights, conjunctive use of ground and surface water, and public values in water decision making. Each session will begin with talks by experts from several western …

Northern Cheyenne Tribe Water Rights Compact, Northern Cheyenne Tribe, Mt

Native American Water Rights Settlement Project

Settlement Agreement and State Legislation: Water Rights Compact State among Montana, Northern Cheyenne Tribe and US. MCA 85-20-301 (1991). The statute ratifies Compact between Northern Cheyenne, MT and US. This Compact resolves all water claims by the Northern Cheyenne within MT so long as the Tongue River Reservoir is repaired and expanded. Pre-existing stock water, domestic and municipal water uses are recognized. Tribe has right to 32,500 a/f/y of direct flow and storage from the Tongue River Basin (and first rights to excess) with a priority date of Oct. 1, 1881 provided that actual depletion does not exceed 9,375 a/f/y. …

Defining "Green": Toward Regulation Of Environmental Marketing Claims, Roger D. Wynne

University of Michigan Journal of Law Reform

This Note joins a rising chorus calling for government regulation of green marketing claims. It attempts to encourage and add a sense of urgency to a burgeoning regulatory movement by highlighting some of the legal issues that such regulation entails. Part I identifies a gap in the law: the inability of current truth-in-advertising laws to clarify the legality of green marketing claims. Part II urges bridging that gap quickly; it examines the costs of continued nonregulation and describes some of the forms regulation is taking. Part III attempts to allay any fears that such regulations might be challenged on first …

Review Essay: Sunstein, Statutes, And The Common Law--Reconciling Markets, The Communal Impulse, And The Mammoth State, Peter L. Strauss

Michigan Law Review

The following pages principally address Professor Sunstein's basic argument for building on, rather than defending against, legislative judgments, and so virtually ignore the details of his proposals for statutory interpretation. Part I outlines Sunstein's case for some regulation - the necessary failures of market ordering and the consequent need for a mixed economy in which government regulation intervenes in important ways. Part II addresses Sunstein's decision to tie his analysis to the public law innovations of the New Deal, and suggests ways in which the analysis might be strengthened by attention to earlier struggles and changes - changes in common …

…And Backward: Death And Transfiguration Among The Savings Associations, Michael P. Malloy

Fordham Law Review

No abstract provided.

Judicial Responses To The Recent Enforcement Activities Of The Federal Banking Regulators, Lawrence G. Baxter

Fordham Law Review

Paper presented on April 12, 1991, as part of the Fordham University School of Law's Graduate Colloquium 1990-1991, The S&L Crisis: Death and Transfiguration. This paper is a pilot for a study being prepared for the Administrative Conference of the United States on the enforcement powers of the federal banking agencies. The views expressed herein are those of the author and do not necessarily reflect those of the Conference, its members or its staff.

A State's Response To The United States Tresury Department Proposals To Modernize The Nation's Banking System, Jill M. Considine

Fordham Law Review

This speech was given by Superintendent Considine as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law.

Causes Of The Savings And Loan Debacle, Robert J. Laughlin

Fordham Law Review

No abstract provided.

Playing With Firrea, Not Getting Burned: Statutory Overview Of The Financial Institutions Reform, Recovery And Enforcement Act Of 1989, Anthony C. Providenti, Jr.

Fordham Law Review

No abstract provided.

Resolution Trust Corporation: Waste Management And The S&L Crisis, Wayne M. Josel

Fordham Law Review

No abstract provided.

The Office Of Thrift Supervision, Robert Cooper

Fordham Law Review

No abstract provided.

The Fdic's Enhanced Powers Over Savings Assocations: Does Firrea Make It "Saif"?, Ann M. Taylor

Fordham Law Review

No abstract provided.

Osha Regulation Of Low-Exposure Carcinogens: A New Approach To Judicial Analysis Of Scientific Evidence, Victor B. Flatt

Seattle University Law Review

This Article will examine the legal framework governing OSHA risk regulation, the scientific studies and evidence that the judiciary currently accepts for challenging or supporting this regulation, and the effect of this standard of judicial acceptance on OSHA regulation. This Article will then compare the present state of judicial analysis of scientific evidence with alternative analyses in order to determine the most effective means of promoting a level of worker safety regulation that creates the greatest benefit to society within the legal framework established by Congress.

Products Liability And Preemption: A Judicial Framework, Barbara L. Atwell

Elisabeth Haub School of Law Faculty Publications

Part I of this article examines the preemption doctrine while Part II explores the development of the law of products liability. Part III analyzes products liability cases in which the preemption defense has been raised—focusing on cases involving cigarettes and automobiles—and examines the approaches taken by the courts. Finally, Part IV articulates a framework for courts to use when the preemption defense is asserted in products liability cases.

Authority And Responsibility: The Jurisprudence Of Deference, Joseph Vining

Articles

he connection between authority and responsibility is such that the one cannot be thought of without the other. In legal method, close reading and rereading of a text marks it as an authoritative text; the presupposition of mind which is necessary to close reading is presupposition of a responsible mind. In the working of institutions that embody authority, the disposition to follow the decisions and statements of a person responsible for a matter inevitably rests upon a presupposition that the decisions and statements followed are those of the responsible person. As that presupposition fades with bureaucratization of decision and writing, …

A Note To Congress And The Fdic: After Firrea, Where's The Bif?, David Andrew Segal

Fordham Law Review

No abstract provided.

The Development Of The Equal Treatment Principle In The International Debt Crisis, Carsten Thomas Ebenroth, Rüdiger Woggon

Michigan Journal of International Law

Since the outbreak of the international debt crisis at the beginning of the 1980s, debtor countries have reached a series of agreements with private creditor banks, with the aim of reducing the financial strain on the debtor countries and enabling them to service their debts. Long-term extensions of maturities are a central aspect of many of these arrangements. Included in the restructurings are all the medium- and long-term claims of the creditor banks, often short-term trade credits and interbank lines, and, in individual cases such as the restructuring of the debts of Poland, Yugoslavia, Costa Rica, and some African States, …

Savings And Loan Crisis, Carl Felsenfeld

Fordham Law Review

No abstract provided.

Thumbs On The Scale: The Role That Accounting Practices Played In The Savings And Loan Crisis, Richard C. Breeden

Fordham Law Review

Mr. Breeden is the Chairmain of the Securities and Exchance Commission. This speech was given by Chairman Breeden as part of the annual Financial Institutions and Regulation Symposium at the Fordham University School of Law. The Commission, as a matter of policy, disclaims responsibility for any private publication or statement by any of its members or employees. The views expressed herein are those of the author and do not necessarily reflect the views of other members of the Commission or the staff.

Private Market Solutions To The Savings And Loan Crisis: Bank Holding Company Acquisitions Of Savings Associations, Lissa Lamkin Broome

Fordham Law Review

This speech was given by Professor Broome as part of the Annual Financial Institutions and Regulation Symposium at the Fordham School of Law.

Too Many Consonants And Not Enough Consonance: The Development Of The S&L Regulatory Framework, Lucia J. Mandarino

Fordham Law Review

No abstract provided.

The Commodity Exchange Monopoly – Reform Is Needed, Jerry W. Markham

Faculty Publications

In theory, the commodity futures markets are the essence of competition. All orders are required to be exposed to trading pits where traders vie competitively and aggressively to assure the best possible execution price. On the surface, as observed from the exchange galleries or on television, the exchanges do appear to be highly competitive, particularly when one views hundreds of traders screaming and gesticulating wildly for orders. The now famous sting operations on the Chicago exchanges in 1989, however, have provided dramatic evidence that a dangerous symbiotic relationship has developed among traders on the floor that is undermining competition and …

Environmental Law, Honorable Leon D. Lazer

Touro Law Review

No abstract provided.

Pre-Emption Of Local Law By State Legislature

Touro Law Review

No abstract provided.

The Civil Rights Restoration Act Of 1987: Revitalization Of Title Ix, P. Michael Villalobos

Marquette Sports Law Review

No abstract provided.

Fort Mcdowell Indian Community Water Rights Settlement Of 1990 Act, 104th Congress

Native American Water Rights Settlement Project

Federal Legislation: Fort McDowell Indian Community Water Rights Settlement of 1990 Act, Title IV of the Arizona Desert Wilderness Act of 1990 (Jan. 15, 1990) (PL 101-628, 104 Stat. 4469, 4480) Parties: Fort McDowell Indian Community, AZ, US, Salt River Valley Water Users Association, Salt River Project Agricultural Improvement and Power District, Roosevelt Water Conservation District, Chandler, Glendale, Mesa, Phoenix, Scottsdale, Tempe, Gilbert, & Central Arizona Water Conservation District. Act resolves Tribe's water rights in General Adjudication of the Gila River System and Source. Neighboring non-Indian communities will transfer rights to 12,000 a/f of surface water and provide means for …

A Rational Choice Theory Of Supreme Court Statutory Decisions With Applications To The State Farm And Grove City Cases, Rafael Gely, Pablo T. Spiller

Faculty Publications

In this article we follow the recent developments of the modern theory of administrative agencies, by developing a rational choice theory of the Supreme Court. Our framework combines two of the main characteristics of this literature: namely, the rational choice modeling strategy with the notion that institutions matter in the design of public policy. We differ basically by modeling the Supreme Court as a self-interested, ideologically motivated institution, making its decisions subject not to the traditional legal rules of precedent, but to the constraints arising from the political interests of other institutions of government-namely, Congress and the President.

The Role Of The Democratic And Republican Parties As Organizers Of Shadow Interest Groups, Jonathan R. Macey

Michigan Law Review

This article advances a new theory to explain the relationship between political parties and interest groups. Among the as yet unanswered questions that I resolve are: (1) why many politicians -both Republicans and Democrats - develop a reputation for "party loyalty" despite the parties' inability to employ any meaningful sanctions against politicians who deviate from the party line; (2) why candidates for public office run in contested primaries when running as an independent generally would be a less costly mechanism for getting on the ballot; (3) why the two major U.S. political parties continue to attract resources from contributors and …

Michigan's Teacher Certification Requirement As Applied To Religiously Motivated Home Schools, Donald D. Dorman

University of Michigan Journal of Law Reform

This Note defends the thesis that the teacher-certification requirement of Michigan's compulsory attendance statute is unconstitutional as applied to people who, for sincere religious reasons, believe they must teach their children at home. Michigan courts have incorrectly applied a rational-basis test in regulating religiously motivated home schools, rather than the strict scrutiny required by the U.S. Supreme Court for cases involving both the free exercise of religion and parents' interest in directing their children's education.