Legal History Commons^™

The Clean Water Act As A Restraint On Interbasin Transfers Of Water, Sue Ellen Harrison

New Sources of Water for Energy Development and Growth: Interbasin Transfers: A Short Course (Summer Conference, June 7-10)

44 pages.

Contains references.

Contains 1 attachment.

The Expansion Of Federal Legislative Authority, Terrance Sandalow

Book Chapters

During the 190 years since the Constitution's adoption, the legislative authority of the Congress has greatly expanded. In the beginning, Congress's powers were closely circumscribed, but over the years the boundaries by which they were initially confined have been almost entirely obliterated. Congress has ceased to be merely the legislative authority of a federal government; it has for all practical purposes acquired the legislative authority of a unitary nation. Especially in the economic sphere, it is only a small exaggeration to say that Congress now possesses plenary authority.

Of course, Congress need not-and, in fact, does not--exercise all the power …

The Regulation Of Labor Unions, Theodore J. St. Antoine

Articles

This year completes exactly a half century in the federalization and codification of American labor law. Before that the regulation of both the internal affairs and external relations of labor organizations was left largely to the individual states, usually through the application of common or nonstatutory law by the courts. One major exception was the railroad industry, whose patent importance to interstate commerce made it an acceptable subject for federal legislation like the Railway Labor Act.

Managing The Public Lands: The Authority Of The Executive To Withdraw Lands, David H. Getches

Publications

No abstract provided.

The Role Of Law, Theodore J. St. Antoine

Book Chapters

In the early New Deal days, workers' placards in the coal fields proudly proclaimed, "President Roosevelt wants you to join the union." If not literally true, that boast was well within the bounds of poetic license. After the brief interval of federal laissez-faire treatment of labor relations ushered in by the Norris-La Guardia Act of 1932, the National Labor Relations (Wagner) Act of 1935 declared the policy of the United States to be one of "encouraging the practice and procedure of collective bargaining." Employers, but not unions, were forbidden to coerce or discriminate against employees because of their organizational activities. …

Prosecutorial Control In Canada: The Definition Of Attorney-General In Section 2 Of The Criminal Code, Camille Cameron

Articles, Book Chapters, & Popular Press

In 1969, as a result of the redefinition of Attorney-General” in section 2 of the Criminal Code, the federal Attorney-General assumed an increased role in criminal prosecutions within the provinces. This new role has resulted in various challenges to the constitutional validity of the amendment — the provinces claim that the new definition is an encroachment upon the administration of justice power given to them by section 92(14) of the British North America Act while the federal government relies on its criminal law power to justify the amendment. The author examines the 1969 amendment in light of sections 91(27) and …

The Practice Of Extradition From Antiquity To Modern France And The United States: A Brief History, Christopher L. Blakesley

Scholarly Works

In order to understand the perceptions of extradition’s function and purpose in modern France and the United States, it is important to consider the evolution of thought regarding extradition. This article will focus on the history of extradition law as it has influenced contemporary law in the United States and France. The purpose of the article is to provide insight into the development of the “modern” extradition. Although the process has not always been executed by use of a treaty agreement, treaty authorized extraditions have existed since antiquity. Moreover, a treaty authorized extradition for common crimes, as opposed to political …

Incapacitating The Habitual Criminal: The English Experience, Sir Leon Radzinowicz, Roger Hood

Michigan Law Review

In this Article, Sir Leon Radzinowicz and .Dr. Roger Hood trace 150 years of unsuccessful English efforts to identify, sentence, and reform habitual criminal offenders. The Supreme Court's recent decision in Rummel v. Estelle has publicized habitual offender statutes in the United States. But Rummel primarily addressed the constitutionality, rather than the desirability, of a state habitual offender statute. This Article examines the broader policy questions common to habitual offender programs in both the United Stales and Great Britain. It describes the tension between liberal tradition and the state's desire to incapacitate those who repeatedly threaten life or property.

The Public Trust Doctrine In Public Land Law, Charles F. Wilkinson

Publications

No abstract provided.

The Field Of Public Land Law: Some Connecting Threads And Future Directions, Charles F. Wilkinson

Publications

No abstract provided.

The "Fast-Track" Procedure: Problems Of Implementation, David N. Wall

Michigan Journal of International Law

The Trade Act of 1974 represented the most significant reformulation of United States international economic policy since the Trade Agreements Act of 1934. Responding to criticism from several quarters, Congress included in the Act major additions to the laws dealing with unfair foreign trade practices. In particular, the Act contained several measures intended to expedite the processing of antidumping complaints. One of these measures, the so-called "fast-track" provision, created a potentially powerful administrative mechanism to permit the summary dismissal of clearly unmeritorious complaints. Unfortunately, implementation of this amendment has suffered from a lack of legislative guidance, and it is not …

The Thirteenth And Fourteenth Amendments: Constitutional Authority For Federal Legislation Against Private Sex Discrimination, Emily Calhoun

Publications

No abstract provided.

An Essay On The Determination Of Relevancy Under The Federal Rules Of Evidence, Arthur H. Travers Jr.

Publications

The scope of the general definition of "relevant evidence" in the Federal Rules of Evidence is ambiguous. It is unclear whether Congress, for instance, intended that certain issues be considered legislatively determined or that those issues rest within the discretion of the courts. There is also some uncertainty over the definition's applicability to several types of evidence--particularly undisputed facts such as those that provide background information or are judicially admitted.

Calendar Of Legislative History Of The Copyright Act Of 1909, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Section-By-Section Cross Index, United States Congress

Legislative History – Copyright Act of 1909

No abstract provided.

Table Of Contents, E. Fulton Brylawski, Abe Goldman

Legislative History – Copyright Act of 1909

No abstract provided.

Hugo Black's Congressional Investigation Of Lobbying And The Public Utility Holding Company Act: A Historical View Of The Power Trust, New Deal Politics, And Regulatory Propaganda, William A. Gregory, Rennard Strickland

Faculty Publications By Year

No abstract provided.

Presidential Exemption From Mandatory Retirement Of Members Of The Independent Regulatory Commissions, Harold H. Bruff

Publications

No abstract provided.

Interlocks In Corporate Management And The Antitrust Laws, Arthur H. Travers Jr.

Publications

No abstract provided.

Product Identity And Branding Under The Robinson-Patman Act: Is The Ftcs Approach Consistent With Realities Of The Marketplace, Arthur D. Austin

Villanova Law Review (1956 - )

No abstract provided.

An Examination Of The Cab's Merger Policy, Arthur H. Travers Jr.

Publications

No abstract provided.

Film Censorship: The American And British Experience, Robert J. Klein

Villanova Law Review (1956 - )

No abstract provided.

Old Kontract Principles And Karl's New Kode: An Essay On The Jurisprudence Of Our New Commercial Law, Eugene F. Mooney

Villanova Law Review (1956 - )

No abstract provided.

Congress Versus Court: The Legislative Arsenal, Malcolm J. Gross

Villanova Law Review (1956 - )

No abstract provided.

British Statutes In American Law, 1776-1836, Elizabeth Gaspar Brown

Books

When a dependency severs its formal connection with the mother country - irrespective of the century in which such severance occurs - the act of independence can neither eradicate the past nor solve all problems of the future. In the late eighteenth and early nineteenth centuries, the United States of America discovered that independence from Great Britain in itself did not abolish the need for rules and regulations by which men could anticipate with some degree of certainty the consequences of particular actions. Wholesale adoption of such English statutes as were suited to their condition offered a solution to the …

Statutory Interpretation: Core Meaning And Marginal Uncertainty, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Territorial Courts And The Law: Unifying Factors In The Development Of American Legal Institutions-Pt.Ii-Influences Tending To Unify Territorial Law, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

With the exception of Kentucky, Vermont, Texas, California, and West Virginia, all parts of continental United States south and west of the present boundaries of the original states came under colonial rule, and were governed from the national capital through territorial governments for varying periods of time. All territories in this area were "incorporated" in the sense that they were destined to become states of the United States. All became states by 1912, leaving only Alaska and Hawaii for future statehood. Now that these territories have become states, it seems desirable to review legal developments in all of these "incorporated" …

Paul & Schwartz: Federal Censorship: Obscenity In The Mail, Harry Kalven Jr.

Michigan Law Review

A Review of Federal Censorship: Obscenity in the Mail. By James C. N. Paul and Murray L. Schwartz.

Territorial Courts And Law: Unifying Factors In The Development Of American Legal Institutions-Pt.1-Establishment Of A Standardized Judicial System, William Wirt Blume, Elizabeth Gaspar Brown

Michigan Law Review

The United States first became a sovereign nation when individual states of the Confederation ceded to the states collectively their several interests in the lands west of the Appalachians which lay east of the Mississippi, north of Spanish Florida, and south of the Great Lakes. This area had been relinquished by Great Britain by the Treaty of 1783 and, with the exception of Kentucky, now became the property of the United States. It was the first area over which the states as a group had complete sovereignty, subject only to the claims of the various Indian tribes. Colonies fresh from …

Murphy: Congress And The Court, Robert B. Mckay

Michigan Law Review

A Review of Congress and the Court. By Walter F. Murphy