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Articles 721 - 750 of 923

Full-Text Articles in Legislation

The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco Jan 1993

The Igra And The Eleventh Amendment: Indian Tribes Are Gambling When They Try To Sue A State, 27 J. Marshall L. Rev. 193 (1993), Peter T. Glimco

UIC Law Review

No abstract provided.


Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel Jan 1993

Reassessing The Sophisticated Policyholder Defense In Insurance Coverage Litigation, Jeffrey W. Stempel

Scholarly Works

Insurance law often is ironically regarded as both consistent and confusing. However, the 1980s saw significant flowering in the development of an insurance coverage interpretation doctrine that, although seriously flawed in its present form, offers the as yet untapped potential of substantial improvement in judicial construction of commercial insurance policies through seemingly inconsistent treatment of insurance coverage disputes.

During the past two decades, in response to the prodding of lawyers representing insurers, courts have increasingly noted that not all insurance policyholders are equal. Some have more money and bargaining clout than others. Some have more sophistication and understanding about the …


Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno Jan 1991

Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno

UIC Law Review

No abstract provided.


American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell Jan 1991

American Family Law In The Age Of Aids: An Annotated Bibliography, 24 J. Marshall L. Rev. 625 (1991), John R. Austin, Rebecca S. Trammell

UIC Law Review

No abstract provided.


The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel Jan 1991

The Rehnquist Court, Statutory Interpretation, Inertial Burdens, And A Misleading Version Of Democracy, Jeffrey W. Stempel

Scholarly Works

No one theory or school of thought consistently dominates judicial application of statutes, but the basic methodology employed by courts seems well-established if not always well-defined. Most mainstream judges and lawyers faced with a statutory construction task will look at (although with varying emphasis) the text of the statute, the legislative history of the provision, the context of the enactment, evident congressional purpose, and applicable agency interpretations, often employing the canons of construction for assistance. Although orthodox judicial thought suggests that the judge's role is confined to discerning textual meaning or directives of the enacting legislature, courts also often examine …


Complex-Litigation Reform And The Legislative Process, Charles G. Geyh Jan 1991

Complex-Litigation Reform And The Legislative Process, Charles G. Geyh

Articles by Maurer Faculty

No abstract provided.


Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars Jun 1990

Evaluating Judicial Capacity To Determine Public Welfare Values In Water Transfers, Charles T. Dumars

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

31 pages (includes illustrations).

Contains references.


The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz Jun 1990

The Role Of The Federal Energy Regulatory Commission In Protecting Non-Consumptive Water Uses, Peter J. Kirsch, J. Barton Seitz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

55 pages.


Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center Jun 1990

Agenda: Moving The West's Water To New Uses: Winners And Losers, University Of Colorado Boulder. Natural Resources Law Center

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

Conference organizers and/or faculty included University of Colorado Law School professors Lawrence J. MacDonnell and Mark Squillace.

Moving the West's Water to New Uses: Winners and Losers will be the theme for this year's water conference, June 6-8 at the Law School in Boulder. The conference will consider the changing demands for water in the West and the need to reallocate a portion of the existing uses of water to new uses.

The first day will provide the background by looking at the most likely sources of water to meet these demands, including agriculture, federal water projects, interstate transfers, and …


Sources Of Water Iii: Interstate Transfers, Clyde O. Martz Jun 1990

Sources Of Water Iii: Interstate Transfers, Clyde O. Martz

Moving the West's Water to New Uses: Winners and Losers (Summer Conference, June 6-8)

35 pages.

Contains references.


Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson Jan 1990

Our Nation's Energy And Resources - Decision Making In Conflict, 23 J. Marshall L. Rev. 197 (1990), Wallace H. Johnson

UIC Law Review

No abstract provided.


Back To Open Season On American Product Ingenuity: Bonito Boats, Inc. V. Thunder Craft, Inc., 24 J. Marshall L. Rev. 209 (1990), Alex Devience Jr. Jan 1990

Back To Open Season On American Product Ingenuity: Bonito Boats, Inc. V. Thunder Craft, Inc., 24 J. Marshall L. Rev. 209 (1990), Alex Devience Jr.

UIC Law Review

No abstract provided.


New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz Jan 1990

New York's Real Property Tax Law: The More Changes That Are Made, The More Things Stay The Same, Ira M. Sockowitz

Touro Law Review

No abstract provided.


The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier Jan 1990

The Case In Support Of Legislation Facilitating The Consolidation Of Mass-Accident Litigation: A View From The Legislature, Charles G. Geyh, Robert W. Kastenmeier

Articles by Maurer Faculty

No abstract provided.


Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel Jan 1990

Pitfalls Of Public Policy: The Case Of Arbitration Agreements, Jeffrey W. Stempel

Scholarly Works

As the juxtaposition of these quotations suggests, judges have long held disparate views on the legitimacy and value of “public policy” considerations as a basis for legal decision making. The popular notion posits that Justice Holmes and legal realists carried the day, making public policy analysis an ordinary part of the adjudication process. The story, of course, is more complex than this legal version of Don Quixote. Many judges and lawyers, including Justice Holmes in other writings, continued to speak of adjudication in more formalist and positivist terms, with most laypersons in apparent agreement. Judge Burroughs' view of public policy …


Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf Jun 1989

Interjurisdictional Relations Under Federal Water Quality Law: A Guide Through The Maze, Michael C. Blumm, Daniel Rohlf

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

53 pages.

Contains references.


Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw Jun 1989

Allocation And Use Of International Rivers: Recent Developments In International Law, Daniel Barstow Magraw

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

26 pages.

Contains references.


Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita Jun 1989

Allocating Groundwater Among Nations, States And Tribes, Ann Berkley Rodgers, Carolyn J. Abeita

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

70 pages.


The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson Jun 1989

The Colorado River Compact: A Breeding Ground For International, National, And Interstate Controversies, John U. Carlson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

38 pages.

Contains references.


Arkansas River Controversy, David W. Robbins Jun 1989

Arkansas River Controversy, David W. Robbins

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

14 pages.


Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center Jun 1989

Agenda: Boundaries And Water: Allocation And Use Of A Shared Resource, University Of Colorado Boulder. Natural Resources Law Center

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Boundaries and Water: Allocation and Use of a Shared Resource is the topic of the Center's annual summer program on water this June. Most of the major rivers in the western United States are shared between two or more states. Often tribal governments play an important role in water allocation and use decisions. International considerations also may be involved in some cases. These interjurisdictional issues extend to groundwater as well as surface water.

This conference will provide the …


Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson Jun 1989

Allocation Of The Nation’S Waters: The Constitutional Framework, Charles F. Wilkinson

Boundaries and Water: Allocation and Use of a Shared Resource (Summer Conference, June 5-7)

19 pages.


Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow Apr 1989

Under Advisement: Attorney Fee Forfeiture And The Supreme Court, Stacy Caplow

Faculty Scholarship

No abstract provided.


Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler Oct 1988

Balancing The Right To Confrontation And The Need To Protect Child Sexual Abuse Victims: Are Statutes Authorizing Televised Testimony Serving Their Purpose?, Kimberley Seals Bressler

Seattle University Law Review

This Comment begins by providing a brief outline of the procedures regulating the use of televised testimony. Next, against the larger backdrop of the history of the right to confrontation, Part III addresses the treatment of televised testimony as hearsay. This section presents a recent Maryland decision as an illustration of the undesirable analogy of televised testimony to hearsay that leads to a more difficult admission standard. Part III concludes with the argument that televised testimony is the functional equivalent of in-court testimony, and thus, a hearsay analysis is inappropriate. Part IV of this Comment presents a recent Supreme Court …


Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon Jun 1988

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.


Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff Jun 1988

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.


The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson Jun 1988

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.


Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson Jun 1988

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.


Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius Jun 1988

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.


The San Joaquin–Sacramento Delta, David R. Beringer Jun 1988

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.