Legislation Commons^™

28 U.S.C. § 1658: A Limitation Period With Real Limitations, Kimberly Jade Norwood

Scholarship@WashULaw

Several centuries from now, when archaeologists have unearthed a copy of the Federal Reporter and turned it over to legal historians for study and analysis, our descendants will be puzzled to discover that a society in which judicial resources were such a scarce "commodity" expended so much of that "commodity" searching its state codes for "analogous" limitation periods. I doubt very much that, at least in this regard, our priorities will command much admiration.

Fixing the statute of limitation for a particular cause of action is a legislative function. Indeed, it is not a particularly difficult or complex legislative function. …

Bad Trip: Drug Prohibition And The Weakness Of Public Policy, Randy E. Barnett

Georgetown Law Faculty Publications and Other Works

The case against prohibition is overwhelming precisely because so many different types of considerations all point to a single solution: the legalization of illicit drugs. The complexity of the case against prohibition means, however, that it cannot be presented adequately by a few anecdotes or even a lengthy essay. Nothing less than a book-length treatment will suffice and, fortunately, that book has been published. America's Longest War is an ambitious effort to evaluate the effectiveness of the policy of prohibition. It accomplishes this by marshalling the empirical research that has been done on both drugs and drug prohibition and then …

Beyond Pepper V. Hart: The Legislative Reform Of Statutory Interpretation In Singapore, Andrew B.L. Phang, Andrew Phang

Research Collection Yong Pung How School Of Law

One of the major controversies in the area of statutory interpretation has centred on the use of parliamentary materials as extrinsic aids by courts in interpreting legislation. The English courts long prohibited any reference to parliamentary materials.' Legislation was passed in Australia in the 1980s to allow liberal reference to parliamentary materials in the courts.2 More recently, a seminal decision of the House of Lords in 1992 in Pepper (Inspector of Taxes) v. Hart' introduced significant flexibility into the hitherto rigid proscription followed in the English courts, although it did not go as far as the legislative reforms in Australia. …

The Kuril Islands Dispute: An Obstacle In Russo-Japanese Relations, Roderick J. Fraser Jr.

Marine Affairs Theses and Major Papers

The controversy between Japan and Russia over the ownership of the Kuril Islands is a significant barrier to improved diplomatic relations in the Far Eastern region. Because of this dispute, Japan and Russia have not yet signed a peace treaty to formally end the second world war and neither side seems willing to make any significant concessions to reach a compromise. The issue of ownership of these islands has been a continuing focal point of Russo-Japanese relations since the two nations first made contact in the late eighteenth century. The various aspects of this dispute are complex and have continued …

Cementing The Foundations: The Singapore Application Of English Law Act 1993, Andrew B.L. Phang

Research Collection Yong Pung How School Of Law

After almost one hundred and seventy-five years since the founding of modern Singapore in 1819,' the Singapore Legislature2 has finally passed the Application ofEnglish LawAct i9933 to clarify the application of English law in the island republic. Prior to the AELA, there were numerous areas of uncertainty with regard to both the general as well as the specific reception of English law that led to a plethora of literature but little else.

Positive Canons: The Role Of Legislative Bargains In Statutory Interpretation, Mathew D. Mccubbins, Roger G. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

The Law Of Assembly In The People's Republic Of China: Implications Of The Retreat To Formal Legalism For The Legislative Process In China, Mark Findlay, Thomas Chor-Wing Chiu

Research Collection Yong Pung How School Of Law

Under the most current constitution, written in 1982, the citizens of the PRC are guaranteed freedom of the press, speech, assembly, association, procession, and demonstration; furthermore, all citizens enjoy the rights and assume the responsibilities prescribed by the constitution and the law. In 1989, following the student democracy demonstrations in the PRC, the government circulated a draft of the law concerning assemblies, processions, and demonstrations for public comment. While the 24 articles of the draft legislation effectively removed the right to free public protest by interposing a variety of administrative procedures governing proscription of venue, application, approval, and review, the …

Water Marketing And The Law, Mark Squillace

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

13 pages.

Transferring Conserved Water: The Oregon Experience, Becky Kreag

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

28 pages.

Contains references.

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

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

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

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

35 pages.

Contains references.

Agenda: New Challenges For Environmental Protection: Second Sino-American Conference On Environmental Law, University Of Colorado Boulder. Natural Resources Law Center

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

Workshop held Sept. 18-19, 1989; conference held Oct. 12-13, 1989, in Boulder, Colorado.

Conference speakers included University of Colorado School of Law professors Daniel Barstow Magraw and Lawrence J. MacDonnell.

Contents of papers from workshop and conference:

To protect developing city by the enactment of local laws and regulations / Wu Zilin -- Legislative control of air pollution & water pollution of the P.R.China / Xiao Longan -- The law of natural conservation in China / Ma Xiang-cong -- 'Weighing environmental risks : EPA's unfinished business', Environment, vol. 30, no. 6, July/August 1988, p. 14-17, 34-39 / Richard Morgenstern, Stuart …

The United States Experience With Air Pollution Control, A. Dan Tarlock

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

4 pages.

Legislative Control Of Air Pollution & Water Pollution Of The P.R. China, Longan Xiao

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

10 pages.

The Law Of Natural Conservation In China, Xiang-Cong Ma

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

19 pages.

The Marine Environmental Protection Law Of The People’S Republic Of China (Chinese Version And Unofficial English Translation), Jianying Ye

New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)

40 pages.

Within The Hundredth Meridian: Western States And Their River Basins In A Time Of Transition, John M. Volkman, Kai N. Lee

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

29 pages.

Contains footnotes.

The Missouri: River Of Promise Or River Of Peril?, John E. Thorson

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

14 pages (includes 1 map).

Contains references.

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

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

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

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

38 pages.

Contains references.

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

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

19 pages.

Enforcement In The Exclusive Economic Zone: Harmonizing National Legislation With Special Reference To Asean States, Rayner Stuel Galid

Marine Affairs Theses and Major Papers

The 1982 Third United Nations Convention on the Law of the Sea provides only broad guidelines for many matters. One such area is in the provision of enforcement rights to the coastal State in the exclusive economic zone (EEZ). Thus, the specifics have to be worked out by the concerned nations in their domestic legislation. This expansive latitude may occasion the lack of uniformity in coastal States' EEZ laws and regulations. These different legislation may foster incompatible enforcement policies on the part of the coastal States which in turn may cause international friction. Harmonization of laws is the deliberate alignment …

A Theory Of Political Control And Agency Discretion, Randall L. Calvert, Mathew D. Mccubbins, Barry R. Weingast

Faculty Scholarship

A major issue in the study of American politics is the extent to which electoral discipline also constrains bureaucrats. In practice, executive agencies operate with considerable independence from elected officials. However,the entire process of policy execution is a game among legislators.the chief executive. and bureaucratic agents. It includes the initial delegation of authority, the choice of policy alternatives,and opportunities for oversight and control. A simple model of this process demonstrates an important distinction between bureaucratic authority and bureaucratic discretion. Indeed.in its simplest form, the model predicts a world in which bureaucrats are the sole active participants in policymaking, but in …

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

The Industry Perspective: The Pros And Cons Of Mineral Development In Indian Country, William A. White

Natural Resource Development in Indian Country (Summer Conference, June 8-10)

17 pages.