Legislation Commons^™

Alternatives To Challenged Employee Selection Criteria: The Significance Of Nonstatistical Evidence In Disparate Impact Cases Under Title Vii, Julia C. Lamber

Articles by Maurer Faculty

In contrast to most recent commentary and a superficial reading of Supreme Court cases, Professor Lamber rehabilitates the concept of a distinct disparate impact theory under Title VII of the 1964 Civil Rights Act. She examines one important evidentiary question-the significance of alternative employee section criteria-to expose underlying policy questions often buried in technical questions of form. Others have argued that the Supreme Court's apparent analytical and evidentiary alignment of disparate impact and disparate treatment cases shows that Title VII bars only "intentional discrimination" and thus the purpose of alternatives evidence is quite limited. Professor Lamber presents a different view, …

Obscene Telephone Calls: An Introduction To The Reading Of Statutes, Reed Dickerson

Articles by Maurer Faculty

Members of the legal profession continually confront problems of statutory interpretation. Unfortunately, most lawyers have been inadequately trained to read and to draft statutes, resulting in poorly reasoned judicial decisions and policy choices.

In this Article, Professor Dickerson explores common problems associated with statutory interpretation. In exploring these problems, he describes the cognitive process involved in reading a statute and the large fund of tacit assumptions that condition this process. Through a case study analysis, he suggests a method of approaching problems of statutory interpretation.

Discretionary Decisionmaking: The Application Of Title Vii's Disparate Impact Theory, Julia C. Lamber

Articles by Maurer Faculty

No abstract provided.

Law And Language: The Role Of Pragmatics In Statutory Interpretation, M. B.W. Sinclair

Articles by Maurer Faculty

In everyday conversation social conventions constrain our speech and aid understanding of the speech of others. These social conventions have been analyzed by the philosopher H.P. Grice and others. Professor Sinclair explores the applicability of such conventions to statutes and thereby derives a set of pragmatic rules of statutory construction. These rules explain some of the intuitions underlying "canons of construction" and their limitations and provide a basis for understanding and for criticizing some important judicial decisions.

Penalizing Insider Trading: A Critical Assessment Of The Insider Trading Sanctions Act Of 1984, Carole Silver

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation In America: Dipping Into Legislative History, Part I, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Racketerring And The Federalization Of Crime, Craig M. Bradley

Articles by Maurer Faculty

The federal anti-racketeering effort has grown steadily since its inception in response to the lottery schemes of the late nineteenth century. Yet, as this article demonstrates, it has done so in the absence of a clear understanding of just what the problem is, and how the ever-expanding body of legislation is going to deal with it. While not wholly critical of the efforts of the Department of Justice and the Congress to "stamp out" racketeering, Professor Bradley raises substantial questions about the government's assessments of the scope of the problem and the effectiveness of the methods employed in fighting it.

Statutory Interpretation In America: Dipping Into Legislative History, Part Ii, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation: Dipping Into Legislative History, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Rico, Past And Future: Some Observations And Conclusions, Sheldon Jay Plager, Ilene H. Nagel

Articles by Maurer Faculty

No abstract provided.

Asylum Adjudication: Some Due Process Implications Of Proposed Immigration Legislation, John A. Scanlan

Articles by Maurer Faculty

No abstract provided.

Clear Legal Drafting: What's Holding Us Back?, F. Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Should Plain English Be Legislated?, F. Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Racketeers, Congress, And The Courts: An Analysis Of Rico, Craig M. Bradley

Articles by Maurer Faculty

No abstract provided.

The Noise Control Act: Legislative And Administrative Problems Of Implementation, David Medine

Articles by Maurer Faculty

No abstract provided.

Limiting Conglomerate Mergers: The Need For Legislation, Joseph F. Brodley

Articles by Maurer Faculty

No abstract provided.

Book Review. Dale, William, Legislative Drafting: A New Approach, Reed Dickerson

Articles by Maurer Faculty

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.

Private Causes Of Action Under Federal Agency Nondiscrimination Statutes, Julia C. Lamber

Articles by Maurer Faculty

Title VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race in programs and activities receiving federal financial assistance. Similarly Title IX of the Education Amendments of 1972 prohibits sex discrimination in federally funded education programs or activities. Although the effect of Title VI has been felt primarily in education, the statutory prohibition applies to any federally funded activity, public or private, including hospitals, social service and welfare agencies, law enforcement agencies, housing, and recreational programs. Both statutes provide for administrative enforcement against prohibited activities. This article explores the question of whether a private cause …

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

Articles by Maurer Faculty

No abstract provided.

Statutory Interpretation: The Uses And Anatomy Of Context, Reed Dickerson

Articles by Maurer Faculty

Every communication that is generated by a written instrument consists of two elements which must be considered in arriving at the meaning of the communication. Those elements are: (1) the written vehicle itself, and (2) its surrounding context. The surrounding context which thus completes the communication consists only of those underlying cultural aspects which, when considered in relation to the written vehicle, are: (1) relevant to the written vehicle, (2) reliable, (3) shared by the author and the audience, and (4) relied on by both author and audience to complete the communication. The author suggests that those cultural elements which …

The Sad Story Of Superbill, Or What Happened To The Indiana Code Of 1971?, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.

Congressional Proposals For Reform Of Military Law, Edward F. Sherman

Articles by Maurer Faculty

The current political and constitutional controversy surrounding military justice has resulted in considerable legislative activity. In the following article, Professor Sherman compares the Bayh, Bennett, Hatfield, Price, and Whalen proposed amendments to the Uniform Code of Military Justice, and offers his assessment of the need for change.

A Comment On The 1968 Amendments To Kentucky Planning And Land Use Controls Enabling Legislation, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

Air Pollution Control In Indiana In 1968: A Comment, Julian Conrad Juergensmeyer, Anita L. Morris

Articles by Maurer Faculty

No abstract provided.

Preservation Of Scenic Rivers, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Protection Of Economic Pressure By Section 7 Of The National Labor Relations Act, Julius G. Getman

Articles by Maurer Faculty

No abstract provided.

Kentucky Planning And Land Use Control Enabling Legislation: An Analysis Of The 1966 Revision Of K.R.S. Chapter 100, A. Dan Tarlock

Articles by Maurer Faculty

No abstract provided.

The Irregular Issuance Of Warehouse Receipts And Article Seven Of The Uniform Commercial Code, Douglass Boshkoff

Articles by Maurer Faculty

No abstract provided.

Model Defense Of Needy Persons Act, Reed Dickerson

Articles by Maurer Faculty

Recent decisions of the Supreme Court have expanded the duty of the states to provide counsel for defendants in criminal cases. The following statute seeks to set up a workable system of assuring the accused the assistance of counsel early in the proceedings against him and, if necessary, at no cost.