Legislation Commons^™

Virginia's Birth-Related Neurological Injury Compensation Act: Constitutional And Policy Challenges, Jane R. Ward

University of Richmond Law Review

In 1987, Virginia's General Assembly enacted the Virginia Birth-Related Neurological Injury Compensation Act (the Act). Although there is a dearth of official legislative history for the Act, newspaper reports provide some insight as to the intended purpose and scope. Reportedly, the Act was a response to medical malpractice insurers' refusal to provide coverage for obstetricians. Proponents of the Act feared critical shortages of obstetrical services if action was not taken to ensure the availability of liability insurance.

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

Publications

No abstract provided.

Civil Liberties Guarantees When Indian Tribes Act As Majority Societies: The Case Of The Winnebago Retrocession, Charles F. Wilkinson

Publications

No abstract provided.

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …

Dormant Commerce Clause Claims Under 42 U.S.C. § 1983: Protecting The Right To Be Free Of Protectionist State Action, Gregory A. Kalscheur

Michigan Law Review

This Note will attempt to show that some commerce clause violations should give rise to cognizable section 1983 claims. Two fundamental questions will be addressed: Is the commerce clause the source of any "rights, privileges, or immunities secured by the Constitution?" and if so, Does section 1983 protect whatever "rights, privileges, or immunities" grow out of the commerce clause? Part I will describe the present status of authority on this issue and argue that none of the conflicting opinions have adequately addressed the fundamental questions involved. Part II will demonstrate that the commerce clause does indeed protect a "right[], privilege[ …

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 …

In The Beginning God Created The Public Trust Doctrine?, Ralph W. Johnson

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

15 pages.

Water Development, Wildlife And Recreation: Panel, Charles W. Howe

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

32 pages.

Contains 5 pages of footnotes and tables and 2 pages of references.

Includes a paper: "Option Value: Empirical Evidence from a Case Study of Recreation and Water Quality" by Douglas A. Greenley, Richard G. Walsh and Robert A. Young. A final version of this paper was published in 96(4) The Quarterly Journal of Economics (1981): 657-673.

Striking Down The Clergyman-Communicant Privilege Statutes: Let Free Exercise Of Religion Govern, Jane E. Mayes

Indiana Law Journal

No abstract provided.

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.

Terrorism And The Constitution, Christopher L. Blakesley

Scholarly Works

How do terrorism and the Iran-Contra hearings relate to the Constitution? My thesis is that there is a tendency for the executive of this or any nation to eschew even constitutionally mandated avenues of problem solving considered to be cumbersome, inefficient, or inimical to the executive’s vision of the national interest in foreign affairs. There is also a tendency to consider one’s own conduct and the conduct of one’s allies and friends to be justified when it is directed at goals deemed by the executive branch to be good. Constitutional provisions based on the checks and balances and separation of …

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.