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Continuing The Erie Debate: A Response To Westen And Lehman, Martin H. Redish

Michigan Law Review

Although the Supreme Court has not spoken in detail on the Erie doctrine since its much-discussed decision in Hanna v. Plumer in 1965, commentary on the doctrine in the literature has undergone something of a "boomlet" in the last several years. Much of it has been stimulated by the groundbreaking article by Professor John Hart Ely in 1974. The latest contribution to the area is the recent article by Professor Peter Westen and Mr. Jeffrey Lehman appearing earlier this year in this journal. Unfortunately, their article does little to advance analysis of the Erie question, and contains numerous fundamental misstatements …

After "Life For Erie--A Reply, Peter Westen

Michigan Law Review

Erie, having "preoccupied the intellectually dominant group of academic lawyers rising to maturity during the 1940's and 1950's," is reported to be losing its "symbolic centrality" for the newest generation of legal scholars. Professor Redish's prompt and excited response to our essay proves one thing: there is at least one scholar in the country who, having come to legal maturity during the last decade, still remains capable of becoming impassioned about Erie RR v. Tompkins.

Our Land Is Your Land: Ineffective State Restriction Of Alien Land Ownership And The Need For Federal Legislation, 13 J. Marshall L. Rev. 679 (1980), Ronald L. Bell, Jonathan D. Savage

UIC Law Review

No abstract provided.

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

Publications

No abstract provided.

Is There Life For Erie After The Death Of Diversity?, Peter Westen, Jeffrey S. Lehman

Michigan Law Review

This Article is essentially an elaboration of these three themes. Section I sets forth the fundamental principles, or "axioms," that determine whether a particular federal rule is pertinent and valid. Once these axioms are understood, it should become apparent that Erie problems, if not easy, are not uniquely difficult either; instead, they are the kinds of "ordinary" problems that are commonplace in other areas of law. Section II applies these axioms to cases in diversity to determine the validity of various kinds of federal rules of decision. Section III examines the validity of federal rules of decision in federal question …

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

Publications

No abstract provided.

Log-Rolling And Judicial Review, Michael J. Waggoner

Publications

No abstract provided.

United States V. Sioux Nation: Political Questions, Moral Imperative, And The National Honor, Stephen Cosby Hanson

American Indian Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1978

West Virginia Law Review

No abstract provided.

Presidential Power And Administrative Rulemaking, Harold H. Bruff

Publications

No abstract provided.

Book Review, Robert F. Nagel

Publications

No abstract provided.

The Speech Or Debate Clause: Bastion Of Congressional Independence Or Haven For Corruption?, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

Special Report - Federal Criminal Code Revision: Some Problems With Culpability Provisions, Paul F. Rothstein

Georgetown Law Faculty Publications and Other Works

The age of federal codification is upon us. The Federal Rules of Evidence and the new bankruptcy and copyright revisions are but examples. By far the most ambitious undertaking in this regard is the effort to recodify federal criminal law.

The federal criminal code project, spanning more than a decade was most recently embodied in the last Congress in S. 1437, which passed the Senate, and H.R. 13959, which competed in the House with S. 1437. Neither bill passed the House. Thus, the Congress closed without a new Code. But both the bills will be back with us, introduced with …

Cognitive Death: Differential Problems And Legal Overtones, H. Richard Beresford

Cornell Law Faculty Publications

No abstract provided.

Judicial Consideration Of The Delegation Of Legislative Power To Regulatory Agencies In The Progressive Era, John H. Garvey

Scholarly Articles

Despite the vigorous debate which it occasioned in other circles, the practice of delegating legislative power to regulatory agencies which began at the end of the nineteenth century was never seriously questioned by American courts during the progressive era. This is not to say that the judiciary saw no threat posed by government by institutions of a form undreamed of at the time the Constitution was framed. Since the appearance of the first regulatory commissions, the courts have shown a concern to protect individual rights which recently may be seen in the insistence on procedural safeguards in agency adjudication and …

Social Security Benefits For Spouses, Peter W. Martin

Cornell Law Faculty Publications

No abstract provided.

Designating Areas Unsuitable For Surface Coal Mining, Mark S. Squillace

Publications

No abstract provided.

Recent Developments

American Indian Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1976

West Virginia Law Review

No abstract provided.

The Congressional Veto: Preserving The Constitutional Framework, Arthur S. Miller, George M. Knapp

Indiana Law Journal

Symposium: Separation of Powers

Representation Under The Ohio Public Defender Act, Daniel O. Conkle

Articles by Maurer Faculty

No abstract provided.

National League Of Cities V. Usery: Its Implications For The Equal Pay Act And The Age Discrimination In Employment Act, Ellen B. Spellman

University of Michigan Journal of Law Reform

In National League of Cities v. Usery, the Supreme Court invalidated the application of the FLSA minimum wage and maximum hours provisions to certain essential state government activities as an unconstitutional intrusion on state sovereignty. This article will explore the implications of that decision with respect to the application of the EPA and the ADEA to state and local governments.

Part I contains a brief discussion of the Fair Labor Standards Act and Amendments. Part II discusses National League with reference to traditional commerce clause interpretation. Part III analyzes the difficulties of applying the decision, particularly the problem of …

Congressional Control Of Administrative Regulation: A Study Of Legislative Vetoes, Harold H. Bruff, Ernest Gellhorn

Publications

Several administrative programs contain provisions allowing Congress to veto agency rules, and there is now a bill before Congress to extend this veto power to all agency rulemaking. In this Article, Professor Bruff and Dean Gellhorn analyze the histories of five federal programs subject to the legislative veto to determine the effect of the veto on the rulemaking process and on the relationships between the branches of government. Extrapolating from this practical experience, they suggest that a general legislative veto is unlikely to increase the overall efficiency of the administrative process, may impede the achievement of reasoned decisionmaking based on …

The National Standards For No-Fault Insurance Act: Good Intentions And Bad Federalism, Richard L. Reinhold

Buffalo Law Review

No abstract provided.

Expatriation: Afroyim V. Rusk And Its Progeny, Jonathan D. Factor

Buffalo Law Review

No abstract provided.

The 1975 New York Judicial Conference Package: Class Actions And Comparative Negligence, Adolf Homburger

Buffalo Law Review

No abstract provided.

Judicial Review In Local Government Law: A Reappraisal, Harold H. Bruff

Publications

No abstract provided.

Computerized Medical Records And The Right To Privacy: The Emerging Federal Response, Barry B. Boyer

Buffalo Law Review

No abstract provided.

Ex Post Facto Limitations On Legislative Power, Michigan Law Review

Michigan Law Review

This Note explores the rationale underlying the prohibition of ex post facto laws and formulates an analytic framework for a more principled application .of the prohibition. This analytic framework is then used, first, to critique the present strict application of the prohibition to changes in criminal "punishments" and determine whether the prohibition should be applied to sanctions imposed outside the criminal context, and, second, to determine the degree to which the prohibition should be applied to procedural changes.

The Federal Anti-Riot Act And Political Crime: The Need For Criminal Law Theory, Marvin Zalman

Villanova Law Review (1956 - )

No abstract provided.