Legislation Commons^™

Conflicts And The Federal Circuit, 29 J. Marshall L. Rev. 835 (1996), Glenn L. Archer Jr.

UIC Law Review

No abstract provided.

Is Title Vi A Magic Bullet? Environmental Racism In The Context Of Political-Economic Processes And Imperatives, Steven A. Light, Kathryn R.L. Rand

Michigan Journal of Race and Law

This Article examines avenues of redress and pollution prevention for impoverished people of color that flow from Title VI litigation strategies within the larger context of the environmental justice movement. Environmental justice issues can serve as tools with which to question status quo distributive policymaking processes and outcomes. Specifically, this Article concerns itself with practical routes toward increasing distributive justice and democratic efficacy.

Legislative Development, The Attorney Accountability Act: A Case Study Of The Complexities Of Incentive-Based Legal Reform, Jamie S. Henikoff, Scott R. Peppet

Publications

No abstract provided.

Bootstrapping And Slouching Toward Gomorrah: Arbitral Infatuation And The Decline Of Consent, Jeffrey W. Stempel

Scholarly Works

The Seventh Amendment to the Constitution preserves for litigants a right to a jury trial in actions at law. The right to a jury trial does not attach for equitable actions, but in cases presenting claims for both legal and equitable relief a right to a jury trial exists for common questions of fact. Although many modern statutes and claims did not exist in 1791, the Amendment has been interpreted to require a jury trial of statutory claims seeking monetary damages, the classic form of legal relief, so long as there is a relatively apt analogy between the modern statutory …

Legislatively Directed Judicial Activism: Some Reflections On The Meaning Of The Civil Justice Reform Act, Matthew R. Kipp, Paul B. Lewis

University of Michigan Journal of Law Reform

With the Civil Justice Reform Act (CJRA), Congress attempted to further a trend that the federal judiciary had undertaken largely on its own initiative. Sensing a critical need to address the mounting expense and delay of federal civil litigation, Congress, like the judiciary, sought to increase the degree of early and active involvement of judges in the adjudicatory process. The result of this mandate has been a further emphasis on the role of the judge as a case manager. As a necessary corollary, the liberty and self-determination of individual litigants-ideals that have historically been seen as philosophical cornerstones of the …

Reviewing Loan Files For Evidence Of Discrimination, 28 J. Marshall L. Rev. 351 (1995), Zina Gefter Greene

UIC Law Review

No abstract provided.

Rock-A-Bye Lawsuit: Can A Baby Sue The Hand That Rocked The Cradle, 28 J. Marshall L. Rev. 429 (1995), Geoffrey A. Vance

UIC Law Review

No abstract provided.

Growing Pains For The Board Of Patent Appeals And Interferences: A Plan For Restoring Judicial Independence, 29 J. Marshall L. Rev. 171 (1995), Scott E. Baxendale

UIC Law Review

No abstract provided.

Foreword, J. Dennis Hynes

Publications

No abstract provided.

Management Approaches To Addressing Takings Issues: Endangered Species Protection, I. Michael Heyman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains footnotes.

Private Property Rights Protection Legislation Across The Nation, Nancie G. Marzulla

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages (includes 1 map).

Contains footnotes.

Searching For Basinwide Solutions To Endangered Species Problems Of The South Platte Of Colorado, James S. Lochhead

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

42 pages (includes illustrations and map).

Contains endnotes.

Regulatory Taking Of Public Water And Land Resource Development Rights After Lucas, Jerome C. Muys

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

7 pages.

“Takings” And The Endangered Species Act, Oliver A. Houck

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

3 pages.

Mining Regulation(S) And Takings, Lawrence G. Mcbride

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

Contains footnotes.

The Fifth Amendment And The Retained Sovereignty Doctrine: A Study Of The Endangered Species Act And The Central Valley Project Improvement Act As Applied To Central Valley Project Water Service Contracts, Brian E. Gray

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

12 pages.

What A Federal Natural Resource Management Agency Can Do To Avoid Takings, John D. Leshy

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

6 pages.

The Endangered Species Act And Constitutional Takings, Robert Meltz

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

18 pages.

Contains references.

Mining Regulation And Takings, L. Thomas Galloway

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Property Rights And Public Resources, Mark L. Pollot

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Regulatory Takings And Resources: What Are The Constitutional Limits?, Virginia S. Albrecht

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

52 pages.

Contains footnotes.

Agenda: Regulatory Takings And Resources: What Are The Constitutional Limits?, University Of Colorado Boulder. Natural Resources Law Center, Byron R. White Center For The Study Of American Constitutional Law

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

Sponsored by the University of Colorado's Natural Resources Law Center and the Byron R. White Center for American Constitutional Study.

Conference organizers, faculty and/or moderators included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Gene R. Nichol, Jr. and Mark Squillace.

Governmental regulation for environmental protection and other important public purposes can affect the manner in which land and natural resources are developed and used. The U.S. constitution (and most state constitutions) prohibit the government from "taking" property without payment of compensation. Originally intended to apply to situations where the government physically seized private property …

Takings And Retroactivity, Jan G. Laitos

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

25 pages.

Contains references.

Floodplain And Wetland Regulatory “Takings”, Jon A. Kusler

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

4 pages.

Background Principles Of Wetlands Law: The Early History, Fred P. Bosselman

Regulatory Takings and Resources: What Are the Constitutional Limits? (Summer Conference, June 13-15)

15 pages.

Contains 3 pages of references.

The Equal Access To Justice Act--Are The Bankruptcy Courts Less Equal Than Others?, Matthew J. Fischer

Michigan Law Review

This Note argues that the bankruptcy courts have authority under the BAJA to shift fees against the federal government. Part I discusses the relevant caselaw and examines the basis of the current controversy. Part II examines the statutory language, the legislative history, and the stated purposes of the BAJA and concludes that each of these aspects of the statute demonstrates a congressional intent to grant fee-shifting authority to the bankruptcy courts. Part III considers alternatives to finding bankruptcy court jurisdiction over BAJA disputes, rejecting each as inefficient and unnecessary. This Note concludes that courts should construe the BAJA consistently with …

Multidisciplinary Representation Of Children: Conflicts Over Disclosures Of Client Communications, 27 J. Marshall L. Rev. 617 (1994), Gerard F. Glynn

UIC Law Review

No abstract provided.

Prior Written Notice Statutes In New York State: The Resurrection Of Sovereign Immunity, Lewis J. Lubell

Touro Law Review

No abstract provided.

Congressional Procedure And Statutory Interpretation, Larry Evans, Jarrell Wright, Neal Devins

Faculty Publications

No abstract provided.

Judicial Forging Of A Political Weapon: The Impact Of The Cold War On The Law Of Contempt, 27 J. Marshall L. Rev. 3 (1993), Melvin B. Lewis

UIC Law Review

No abstract provided.