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Articles 121 - 150 of 209
Full-Text Articles in Legislation
Immigration And Naturalization Service V. Chadha: The Legislative Veto Vanishes, 17 J. Marshall L. Rev. 523 (1984), Steven Shobat
Immigration And Naturalization Service V. Chadha: The Legislative Veto Vanishes, 17 J. Marshall L. Rev. 523 (1984), Steven Shobat
UIC Law Review
No abstract provided.
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
The Fee Awards Act Of 1976: Examining The Foundation For Legislative Reform Of Attorney's Fees Shifting, 18 J. Marshall L. Rev. 77 (1984), Randall R. Rader
UIC Law Review
No abstract provided.
The United States Specialty Steel Industry, Michael H. Leb
The United States Specialty Steel Industry, Michael H. Leb
Michigan Journal of International Law
Part I of this note briefly describes the problems of the specialty steel industry and traces the attempts to deal with those problems from 1968 through the imposition of the relief measures which spawned the current negotiations. After discussing the trade history of the specialty steel industry, the note examines the effectiveness of two domestic import relief statutes through which the government has attempted to assist the industry. The note then analyzes U.S. attempts to aid the specialty steel industry through measures which violate the fundamental principles of the GATT system. The note concludes that since the GATT system cannot …
Survey Of Developments In West Virginia Law: 1983
Survey Of Developments In West Virginia Law: 1983
West Virginia Law Review
No abstract provided.
Administrative Law, Elizabeth L. Crittenden
Administrative Law, Elizabeth L. Crittenden
West Virginia Law Review
No abstract provided.
Commercial Law, Linda Rae Artimez
Confessions, Susan E. Morton
Criminal Law, John M. Lynn
Criminal Procedure, Linda Rae Artimez
Domestic Relations, Christopher P. Riley
Domestic Relations, Christopher P. Riley
West Virginia Law Review
No abstract provided.
Juries, Susan E. Morton
Juveniles, Linda S. Williams
Statutory Construction, Bryan R. Cokeley
Statutory Construction, Bryan R. Cokeley
West Virginia Law Review
No abstract provided.
Taxation, Wendel B. Turner
Torts, Bryan R. Cokeley
Judicial Development Of Standards Of Liability In Government Enforcement Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Stephen Q. Giblin, Dennis M. Kelly
Judicial Development Of Standards Of Liability In Government Enforcement Actions Under The Comprehensive Environmental Response, Compensation And Liability Act, Stephen Q. Giblin, Dennis M. Kelly
Cleveland State Law Review
The Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA) represents the first major attempt on a national level to address the problem of abandoned hazardous waste sites. CERCLA permits an action to be brought in federal court for recovery of amounts disbursed from the Superfund against, inter alia, any person who arranges for treatment or disposal of wastes at a site, typically the generator of the hazardous wastes. CERCLA's enforcement provisions contain numerous ambiguities and apparent inconsistencies on issues that directly affect the potential liability of CERCLA's defendants. Many of the inadequacies probably can be traced to the …
A Model State Act: Remedies For Domestic Abuse, Lisa G. Lerman
A Model State Act: Remedies For Domestic Abuse, Lisa G. Lerman
Scholarly Articles
The problem of domestic violence has been the subject of increasing national concern. In response to that concern, states have enacted legislation providing protection to victims of domestic violence, encouraging improved police enforcement of protection law's, and constructing appropriate legal sanctions against abusers. Drafting comprehensive legislation to address this problem is difficult because both civil and criminal remedies are needed, because the needs of battered women are diverse and complex, and because effective protection requires a coordinated response by courts, law enforcement agencies, mental health personnel, and the bar. While some new legislation on wife abuse has been enacted in …
Introduction--Reviewing Immigration Policy: The Select Commission, The Debate Over Simpson-Mazzoli, And Beyond, Lawrence H. Fuchs
Introduction--Reviewing Immigration Policy: The Select Commission, The Debate Over Simpson-Mazzoli, And Beyond, Lawrence H. Fuchs
University of Michigan Journal of Law Reform
Although the authors of the Articles which follow could not possibly touch on all aspects of reform, they have highlighted several that are important, giving further stimulus to a discussion which is certain to continue even if the Simpson-Mazzoli bill passes soon. Each of them constitutes an important contribution to that discussion, and Professor Aleinikoff's Article is arguably the single most challenging and constructive to appear on the subject of asylum claims adjudication. The University of Michigan Journal of Law Reform should be congratulated for its contributions to the ongoing debate on immigration reform.
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
Reforming The Immigration And Nationality Act: Labor Certification, Adjustment Of Status, The Reach Of Deportation, And Entry By Fraud, Elwin Griffith
University of Michigan Journal of Law Reform
This Article will consider some of the controversial sections of the INA and the impact of the pending immigration legislation. Part I considers the labor certification requirement, a prerequisite for third and sixth preference immigrants. This Part concludes that clarification of the division of authority between the Attorney General and the Secretary of Labor, and of the intent of aliens to keep their certified jobs, would be desirable. Part II analyzes the requirements an alien must meet to adjust status to one, of the occupational preferences. The statutory refusal to adjust status of aliens who accept ''unauthorized employment" must be …
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
Is The Section 1983 Civil Rights Statute Overworked? Expanded Use Of Magistrates--An Alternative To Exhaustion, Brian P. Owensby
University of Michigan Journal of Law Reform
Part I of this Note discusses the history and purpose of section 1983 and identifies the danger unmanaged growth of 1983 suits poses to civil rights. Part II examines several judicial responses to the 1983 caseload problem and concludes that congressional action is more appropriate. Parts III and IV explore two areas of possible legislative action. Part III questions the efficacy of a legislatively imposed requirement that the claimant exhaust state administrative remedies as a prerequisite to a 1983 suit in federal court. Part IV proposes an alternative congressional response to the 1983 caseload problem: a carefully tailored use of …
Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder
Section 558( C ) Of The Administrative Procedure Act: Provision For Informal Agency Hearings Prior To License Revocation Or Suspension, Joan P. Snyder
University of Michigan Journal of Law Reform
This Note argues that section 558(c) should be interpreted to require an agency to provide a hearing prior to license suspension or revocation. Part I argues that all courts that have adjudicated whether section 558(c) requires a hearing have misconstrued the statute by failing to consider the general policies served by the APA. Part II examines section 558(c) in light of the major policies of the APA, uniformity and fairness in administrative procedure. It argues that these policies are best served by an interpretation that requires a hearing prior to suspension or revocation of any federal license. It does, however, …
Civil Procedure, Elizabeth L. Crittenden
Civil Procedure, Elizabeth L. Crittenden
West Virginia Law Review
No abstract provided.
Employment, James B. Stoneking
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Canada's Foreign Investment Review Act And The Problem Of Industrial Policy, James M. Spence Q.C.
Michigan Journal of International Law
The purpose of this article is to consider the Foreign Investment Review Act (FIRA or the Act) of Canada in the context of the continuing discussion in North America of the concept of "industrial policy." The particular version of industrial policy of interest for this purpose is the concept which involves interventionist activity by the government designed to affect directly the economic activity of an industry, company, or plant. The first part of the article briefly describes the background and operation of FIRA. The second part comments on the concept of interventionist industrial policy as it has developed in Canada. …
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Enterprise Zones As Tools Of Urban Industrial Policy, Benedicte E. F. Mathijsen
Michigan Journal of International Law
This note examines the operation of the enterprise zone program in the United Kingdom and considers the program's implications for the United States (U.S.), which also suffers from urban industrial decay and which has now begun studying proposals for an enterprise zone program of its own. The note concludes that, based on the limited data available thus far, the enterprise zone program alone is inadequate to lure industry back to depressed areas. The success of the enterprise zones depends in large measure upon parallel government programs, suggesting that the zones cannot be viewed as potential replacements of existing government aid …
Review Of Foreign Laws, Michigan Journal Of International Law
Review Of Foreign Laws, Michigan Journal Of International Law
Michigan Journal of International Law
The following summaries of national laws relating to industrial policy do not attempt to catalogue every law or program that arguably falls under the rubric of industrial policy. Rather, to varying degrees, they pay special attention to several themes that recur in all discussions of industrial policy: the promotion of certain industries and the management of the decline of others; the formation of a consensus between labor and management on an industry's future; and the creation of a plan for future development. These summaries illustrate the diversity of the legal tools that various countries use to promote industrial development. This …
The Impact Of Industrial Legislation On The Behavior Of Multinational Enterprises And Labor In The Industrializing Countries Of East And Southeast Asia, Kojo Yelpaala
Michigan Journal of International Law
The phenomenon of industrial legislation is not new in the world. Several industrialized, non-industrialized, capitalist, and socialist countries all have at different stages in their development used industrial legislation for the achievement of industrial goals, development targets and national welfare objectives. This legislation has generally addressed labor relations, taxes, plant location, exchange controls, and capital controls. What is perhaps new is its focus on the behavior of Multinational Enterprises (MNE). The emergence of the MNE on the world economic scene has introduced an elusive but important element in the industrial policy calculus of nations.
Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr.
Federal Security Laws And Their Applicability To The Sale Of A Business: An Appeal For Regulatory Action, 17 J. Marshall L. Rev. 393 (1984), John W. Blenke Jr.
UIC Law Review
No abstract provided.
Utility Rates Pending Judicial Review: A Riddle Wrapped In A Mystery In Illinois, 17 J. Marshall L. Rev. 743 (1984), E. King Poor
Utility Rates Pending Judicial Review: A Riddle Wrapped In A Mystery In Illinois, 17 J. Marshall L. Rev. 743 (1984), E. King Poor
UIC Law Review
No abstract provided.