Legislation Commons^™

Session Law 84-127, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-207, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-134, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-226, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-002, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-139, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Session Law 84-193, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.

Political Asylum Under The 1980 Refugee Act: An Unfulfilled Promise, Arthur C. Helton

University of Michigan Journal of Law Reform

Part I of this Article reviews the history and development of asylum law in the United States which culminated in the passage of the Refugee Act of 1980. It analyzes the failure of the responsible administrative authorities to follow the dictates of the law - a circumstance which prompted the passage of the Act and which now threatens to subvert the right to asylum in the United States. Part II considers the impact on asylum seekers of new alien interdiction and detention programs, and the legality of those programs under domestic and international law. Finally, Part III makes specific recommendations, …

Resolving The Problem Of Undocumented Workers In American Society: A Model Guest Worker Statute, Marjorie E. Powell

University of Michigan Journal of Law Reform

This Note argues that a temporary foreign worker program is needed to alleviate the effects of illegal immigration. Part I describes the problems that illegal aliens present and discusses the interests of the groups affected by their presence in the United States. Part II discusses the inability of forced repatriation, amnesty, closing the border, or employer sanctions to satisfy these interests. Part II also discusses the undesirability of ignoring the problem of illegal aliens. Part III explains how a program for admission of temporary foreign workers best meets the interests of domestic employers, domestic and foreign workers, sending countries, and …

The Propriety Of Denying Entry To Homosexual Aliens: Examining The Public Health Service's Authority Over Medical Exclusions, Robert Poznanski

University of Michigan Journal of Law Reform

This Note defends the position that the PHS has the authority to define homosexuality for the purpose of the section 212(a)(4) exclusion, and that the PHS definition is binding upon the INS. Therefore, the PHS's decision to refuse to examine aliens for homosexuality precludes the INS from excluding aliens on that basis. Part I of this Note traces the history of the policy of excluding homosexual aliens. Part II maintains that, regardless of the psychiatric profession's interpretation of ''psychopathic personality,'' Congress intended the expression to encompass homosexuality. Part III contends that Congress intended to empower the PHS to change its …

The Immigration Reform And Control Act: Immigration Policy And The National Interest, Alan K. Simpson

University of Michigan Journal of Law Reform

Today more than ever the United States is a target for international migration. Population growth and economic stagnation in the Third World are increasing the pressures for emigration, and current United States immigration law is incapable of responding to the growing flow of illegal immigrants. The number of illegal aliens apprehended in the United States increased forty percent in 1983, and reached 1.4 million by the year's end. The backlog of applications for political asylum is over 165,000, and many of these claims are frivolous. Polls by Roper, Gallup, NBC, and others have shown that ninety percent of the American …

Does Nepa Matter? - An Analysis Of The Historical Development And Contemporary Significance Of The National Environmental Policy Act, Kenneth M. Murchison

University of Richmond Law Review

When President Nixon signed the National Environmental Policy Act (NEPA) on January 1, 1970, he declared that the new statute marked the arrival of the time for environmental action. The quantatitive measures of legislative and judicial activity during the ensuing decade suggest that he accurately captured the mood of the times, for the 1970's produced a flurry of new and amended statutes as well as a veritable explosion in environmental litigation. As a result of this burst of energy, environmental law has emerged as an important legal speciality that now commands the attention of law schools, government lawyers, and the …

The Illinois Brick Dilemma: Is There A Legislative Solution?, Edward D. Cavanagh

Faculty Publications

(Excerpt)

In Illinois Brick Co. v. Illinois, the United States Supreme Court held that in price-fixing actions brought under section 1 of the Sherman Act, only first purchasers in the chain of vertical distribution are "injured," within the meaning of section 4 of the Clayton Act, by the full amount of any overcharge. The Court's ruling bars plaintiffs who are "indirect purchasers" from offering proof that they have been injured by defendants' illegal overcharges which have been "passed on" to them by middlemen. The Court's holding reaffirmed the principles previously enunciated in Hanover Shoe, Inc. v. United Shoe Machinery …

Release Of Joint Tortfeasors-Virginia Code Section 8.01-35.1 And Its Retroactive Application, Gary R. Allen

University of Richmond Law Review

This comment was prompted by the 1979 enactment of Section 8.01- 35.1 of the Code of Virginia, which changed the law in Virginia regarding the release of, and contribution among, joint tortfeasors. Contribution statutes such as section 8.01-35.1 provide an equitable remedy for the problem of unjust enrichment (or, more accurately, unequal punishment) whenever one of several joint tortfeasors pays more than his ratable share of a claim. There has been considerable debate concerning the retroactive effect of these statutes-that is, whether a newly promulgated contribution statute can be applied retroactively to affect a claim which arose before the statute …

Timing As Jurisdiction: Federal Civil Appeals In Context, Edward H. Cooper

Articles

The purpose of these few pages is to show that the calculus of appeal timing is inherently complex. If we are to continue the effort to capture the calculus in rules, the rules will be correspondingly complex. The complex rules will have some virtues; nonetheless, the rules also are likely to generate misunderstanding and may tend to produce undesirable results. It is very tempting to replace the rules with a flexible system that relies largely on discretion to determine the occasions for appeal before a truly final judgment. Whether a flexible system has now become appropriate depends on the same …

The Bildisco Case And The Congressional Response, James J. White

Articles

Section 365 of the Bankruptcy Reform Act authorizes one in bankruptcy to "assume or reject any executory contract ...of the debtor." The most frequent use of the section arises when a lessee goes into Chapter 11 and decides either to reject its real estate lease with its lessor or, if the lease is at a favorable rental rate, to assume it and assign it to another. A less frequent but more controversial use of section 365 is to reject one's collective bargaining agreement with his employees.

Legal Barriers To Worker Participation In Management Decision Making, Theodore J. St. Antoine

Articles

Collective bargaining lies at the heart of the union-management relationship. It is the end and purpose of the whole effort to protect employees against reprisals when they form an organization to represent them in dealing with their employers. Collective bargaining is grounded in the belief that industrial strife will be checked, and the workers' lot bettered, if workers are given an effective voice in determining the conditions of their employment. My thesis is that federal law, even while placing the force of government behind collective bargaining, has so artificially confined its scope that the process has been seriously impeded from …

Summary Judgment In Copyright: From Cole Porter To Superman, Alan J. Hartnick

Cardozo Arts & Entertainment Law Journal

No abstract provided.

Evidence, Linda S. Williams

West Virginia Law Review

No abstract provided.

Discrimination Bans Demonstrate Approaching Maturity Of Employment Law, Theodore J. St. Antoine

Articles

The pervasive message of this symposium sponsored by the Labor Relations Law Section, whether or not intended by the individual authors, is that American employment law is moving beyond adolescence and may be approaching maturity.

Legislative Formality, Administrative Rationality, Harold H. Bruff

Publications

No abstract provided.

Attorney-Client Conflicts Of Interest And The Concept Of Non-Negotiable Fee Awards Under 42 U.S.C. § 1988, Emily M. Calhoun

Publications

No abstract provided.

The Forest Service: A Call For A Return To First Principles, Charles F. Wilkinson

Publications

No abstract provided.

Financial Institution Interlocks After The Bankamerica Case, Arthur H. Travers Jr.

Publications

No abstract provided.

Narf North: Alaska Office Opens, Charles F. Wilkinson

Publications

No abstract provided.

Full Text Of Issue

California Regulatory Law Reporter

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.