Legislation Commons^™

Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Preventative Pretrial Detention And The Failure Of Interest-Balancing Approaches To Due Process, Albert W. Alschuler

Michigan Law Review

This article, echoing Highmore's treatise of 1783, maintains that neither a legitimate nor a very important governmental interest can justify preventive detention in the absence of significant proof of past wrongdoing or an inability to control one's behavior. Both the Supreme Court's neglect of this issue and Congress' similar neglect in the preventive detention provisions of the Federal Bail Reform Act of 1984 reveal the extent to which cost-benefit analysis has captured American law and threatened core concepts of individual dignity.

The article does not oppose all forms of preventive pretrial detention. To the contrary, it recognizes that the detention …

On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks

Cardozo Law Review

No abstract provided.

At-Large Elections And Vote Dilution: An Empirical Study, Richard A. Walawender

University of Michigan Journal of Law Reform

The 1982 amendments to the Act, however, have remained a subject of controversy. Opponents of the Act misperceive municipal at-large electoral systems, believing they provide as much minority representation as single-member district systems. This Note addresses that misperception with data showing that at large schemes provide significantly less minority representation than other schemes. The various standards used by federal courts in reviewing the constitutionality of at-large election systems are outlined in Part I. Part II sets forth an analysis of Congress's response to the judicial ambivalence toward at-large elections- the 1982 amendments to section 2 of the Voting Rights Act. …

An Analysis Of Illinois' New Offense Of Second Degree Murder, 20 J. Marshall L. Rev. 209 (1986), Timothy P. O'Neill

UIC Law Review

No abstract provided.

A Status Report On The Balanced Budget Constitutional Convention, 20 J. Marshall L. Rev. 29 (1986), William T. Barker

UIC Law Review

No abstract provided.

Justice Brennan, Due Process And The Freedom Of Speech: A Celebration Of Speiser V. Randall, 20 J. Marshall L. Rev. 7 (1986), George Anastaplo

UIC Law Review

No abstract provided.

The Legislative Veto, The Constitution, And The Courts, Robert F. Nagel

Publications

No abstract provided.

The Supreme Court And State Protectionism: Making Sense Of The Dormant Commerce Clause, Donald H. Regan

Articles

For almost fifty years, scholars have urged the Court to "balance" in dormant commerce clause cases; and the scholars have imagined that the Court was following their advice. The Court has indeed claimed to balance, winning scholarly approval. But the Court knows better than the scholars. Despite what the Court has said, it has not been balancing. It has been following a simpler and better-justified course. In the central area of dormant commerce clause jurisprudence, comprising what I shall call "movement-of-goods" cases), the Court has been concerned exclusively with preventing states from engaging in purposeful economic protectionism. Not only is …

Can Mental Health Professionals Predict Judicial Decisionmaking? Constitutional And Tort Liability Aspects Of The Right Of The Institutionalized Mentally Disabled To Refuse Treatment: On The Cutting Edge, Michael L. Perlin

Touro Law Review

No abstract provided.

Book Review Of Life In The Balance: Procedural Safeguards In Capital Cases, David Robinson Jr.

Journal of Legal Education

No abstract provided.

Teaching Human Rights Law, Howard R. Berman

Journal of Legal Education

No abstract provided.

The Availability Of Jury Trials In Copyright Infringement Cases: Limiting The Scope Of The Seventh Amendment, Andrew W. Stumpff

Michigan Law Review

This Note argues that statutory copyright damages are properly regarded as equitable and hence that no right to a jury trial exists in cases brought to recover such damages. More generally, the Note maintains that the seventh amendment's distinction between equitable and legal causes of action has produced irrational consequences, and proposes that "legal" issues be defined narrowly so as to limit the scope of the seventh amendment. Part I analyzes the debate over statutory copyright damages, concluding that historical and statutory construction arguments require these damages to be construed as legal. Part II examines some of the problems that …

The Endangered Species Act And Western Water Projects, Lawrence J. Macdonnell

Western Water Law in Transition (Summer Conference, June 3-5)

20 pages.

Contains references.

Water Project Financing Needs In Colorado, J. William Mcdonald

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Federal/State Relations In Theory And Practice: A Sovereignty Mismatch, Charles T. Dumars

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Contains footnotes.

Unresolved Issues In Federal Reserved Rights, Michael D. White

Western Water Law in Transition (Summer Conference, June 3-5)

12 pages.

Putting Indian Reservation Water Rights To Use, Richard B. Collins

Western Water Law in Transition (Summer Conference, June 3-5)

10 pages.

Financing Water Projects: Where Do We Go From Here?, Henry P. Caulfield, Jr.

Western Water Law in Transition (Summer Conference, June 3-5)

16 pages.

Financing Water Projects: Where Do We Go From Here?: A Panel Discussion [Colorado House Bill No. 1088, As Amended 4/15/85], Chris Paulson

Western Water Law in Transition (Summer Conference, June 3-5)

4 pages.

Contains text of Colorado House Bill No.1088, as amended 4/15/85.

Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock

Western Water Law in Transition (Summer Conference, June 3-5)

34 pages.

Western Ground Water Law: Overview And Recent Developments, J. David Aiken

Western Water Law in Transition (Summer Conference, June 3-5)

27 pages.

Representing The Water Client [Outline], David W. Robbins

Western Water Law in Transition (Summer Conference, June 3-5)

3 pages.

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

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

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.

The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson

Western Water Law in Transition (Summer Conference, June 3-5)

17 pages.

Contains references.

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.