Constitutional Law Commons^™

The Intentional Creation Of Fetal Tissue For Transplants: The Womb As A Fetus Farm, 21 J. Marshall L. Rev. 853 (1988), James David Roberts

UIC Law Review

No abstract provided.

The New Illinois Videotape Statute In Child Sexual Abuse Cases: Reconciling The Defendant's Constitutional Rights With The State's Interest In Prosecuting Defenders, 22 J. Marshall L. Rev. 331 (1988), Denise C. Hockley-Cann

UIC Law Review

No abstract provided.

Enforcement Provisions Of The Civil Rights Act Of 1866: A Legislative History In Light Of Runyon V. Mccrary, The Review Essay And Comments: Reconstructing Reconstruction, Robert J. Kaczorowski

Faculty Scholarship

The purpose of this Comment is to examine the history of the enactment and early enforcement of the Civil Rights Act of 1866 from the perspective of the remedies Congress sought to provide to meet the problems that necessitated the legislation. Its main foci are the statute's enforcement provisions and their early implementation, an aspect of the history of the statute that has not been fully considered in relation to section one, the provision that has received the most scholarly attention. The occasion of this study is the Supreme Court's reconsideration of Runyon v. McCrary' in Patterson v. McLean Credit …

Economic Union As A Constitutional Value, Richard B. Collins

Publications

Professor Collins presents an in-depth defense of the dormant commerce power doctrine. He maintains that the text of the commerce clause, the original intent behind it, and a century of congressional acquiescence to broad judicial enforcement of the dormant commerce power lend sufficient legitimacy to the doctrine to support its continued existence. After examining the textual and historical bases for the doctrine, Professor Collins concludes that the primary purpose behind the commerce clause is the promotion of economic integration and interstate harmony. Based upon his discussion of the doctrine's origins and development, he contends that critics of the doctrine who …

Management And Marketing Of Indian Water: From Conflict To Pragmatism, David H. Getches

Publications

No abstract provided.

Liquor Price Affirmation Statutes And The Dormant Commerce Clause, Ward A. Greenberg

Michigan Law Review

Part I of this Note examines the current state of the law in the liquor affirmation area. Part II argues that the twenty-first amendment may not be invoked to justify the extraterritorial impact of these statutes. The amendment does not preempt the commerce clause in the liquor area. While it gives the states free rein over liquor internally, it provides no basis for any extraterritorial projection of liquor price regulation. Part III considers the commerce clause analysis of Brown-Forman and argues that any interstate effects of these statutes will cause them to violate the commerce clause. This section argues that …

The New Federalism In West Virginia, Thomas B. Miller

West Virginia Law Review

No abstract provided.

Interstate Federalism, Lea Brilmayer

BYU Law Review

No abstract provided.

Aids Discrimination Under Federal, State, And Local Law After Arline, Robert P. Wasson, Jr.

Florida State University Law Review

In School Board v. Arline, the United States Supreme Court determined that people who suffer from tuberculosis can be protected from employment discrimination by the Rehabilitation Act of 1973. Arline is certain to affect people afflicted with AIDS-related disorders who suffer discrimination. In this Article, Professor Wasson examines the Arline decision and the effect it will have on AIDS-related discrimination. Also, he examines provisions of the United States Constitution, acts of Congress, state law, and municipal ordinances, all of which might provide alternative measures of protection for those who suffer AIDS-related discrimination.

Means, Ends And Original Intent: A Response To Charles Cooper, Michael Wells

Scholarly Works

Charles Cooper believes that the ninth amendment should be read at once more broadly and more narrowly than it is today. In his view, the intent of the Framers was to cabin the power of the federal government. By taking note in the ninth amendment of rights other than those enumerated in the first eight, they sought to ensure that the national government would not exercise powers beyond those listed in the Constitution. Since the aim of the ninth amendment was to keep the federal government one of limited power, it is inappropriate to apply the amendment to the states, …

Taking Federalism Seriously, Mitchell E. Daniels Jr., Alex Dimitrief

Articles & Chapters

No abstract provided.

Integrating Water Quality Objectives With Traditional Water Rights In California: The Sacramento–San Joaquin Delta Case, Ronald B. Robie

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

14 pages (includes 1 map).

The Homestake Project & Water Quality Issues, Tad Foster

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

5 pages (includes 1 map).

Conflicts Between Water Rights Administration And Water Quality Protection, Jan D. Laitos

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

43 pages.

Reconciling Large-Scale Water Development And Water Quality Effects, James S. Sanderson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

6 pages.

Wetlands Protection: The 404 Program, Patrick A. Parenteau

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

13 pages.

Includes unsigned annotations by David Getches.

The Clean Water Act, Water Quality, And Water Use, Bruce D. Ray

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

56 pages.

Includes unsigned annotations by David Getches.

Public Interest Review Of Water Right Allocation And Transfer In The West: Recognition Of Public Values, Douglas L. Grant

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains references.

New Developments In Water Rights On Public Lands: Federal Rights And State Interests, Christopher H. Meyer

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

25 pages.

Contains footnotes and 2 pages of references.

State Water Planning To Protect Public Needs, David H. Getches

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

44 pages.

Nurturing Public Values In The Water Resource—The Montana Way, Matthew W. Williams

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

21 pages.

Contains references.

Emerging Policy And Strategy Choices For Protection Of The Groundwater Resource, Richard H. Braun

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

22 pages.

Contains 2 pages of references.

Instream Flow Protection In The Western States: A Survey And Comparison, Brian E. Gray

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

32 pages.

Contains references.

Federal Regulatory Rights In Water, Lawrence J. Macdonnell

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

29 pages.

Contains 1 page of references.

Converting Conditional Water Rights To Instream Flow Protection: A Property Transfer Strategy, David L. Harrison

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

64 pages.

Contains references.

Water As A Public Resource: The Legal Basis, Charles F. Wilkinson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

37 pages.

Contains 2 pages of references.

Includes unsigned annotations by David Getches.

Public Access To Shorelines And Beaches: Alternative Approaches And The Taking Issue, Richard Hildreth

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

50 pages.

The Use Of “Nonnavigable” Water For Public Purposes, John E. Thorson

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

18 pages.

Contains references.

In Defense Of Private Rights In Water, Charles J. Meyers

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

4 pages.

Includes unsigned annotations by David Getches.

Agenda: Water As A Public Resource: Emerging Rights And Obligations, University Of Colorado Boulder. Natural Resources Law Center

Water as a Public Resource: Emerging Rights and Obligations (Summer Conference, June 1-3)

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

This conference focused on the legal rights associated with a broad range of public uses and interests in water including recreation, fish and wildlife protection, and water quality. Evolving legal areas such as the public trust doctrine, instream flow laws, federal reserved rights, and wetlands protection were discussed.

Water as a Public Resource: Emerging Rights and Obligations considered the extension of the public trust doctrine to areas previously not covered by this concept, as well as developments in …