Legislation Commons^™

Interstate Transfers Of Water: Opportunities And Obstables [Sic], A. Dan Tarlock

Western Water Law in Transition (Summer Conference, June 3-5)

34 pages.

Western Ground Water Law: Overview And Recent Developments, J. David Aiken

Western Water Law in Transition (Summer Conference, June 3-5)

27 pages.

Representing The Water Client [Outline], David W. Robbins

Western Water Law in Transition (Summer Conference, June 3-5)

3 pages.

Federal And State Regulation Of Activities Affecting Water Quality, Julia B. Epley

Western Water Law in Transition (Summer Conference, June 3-5)

54 pages.

Legal Implications Of Instream Flows And Other Nonconsumptive Uses, Steven J. Shupe

Western Water Law in Transition (Summer Conference, June 3-5)

14 pages.

The Public Trust Doctrine: Conflict With Traditional Western Water Law?, Harrison C. Dunning

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Inefficiency, Waste, And Loss: Water Supplies Of The Future?, John W. Krautkraemer

Western Water Law in Transition (Summer Conference, June 3-5)

24 pages.

Contains references.

Agenda: Western Water Law In Transition, University Of Colorado Boulder. Natural Resources Law Center

Western Water Law in Transition (Summer Conference, June 3-5)

Conference organizers and/or faculty included University of Colorado School of Law professors James N. Corbridge, Jr., Lawrence J. MacDonnell, Richard B. Collins, David H. Getches and Charles F. Wilkinson.

The prior appropriation doctrine has governed the allocation and use of water in the western United States since the 1850s. The shifting nature of water demand is bringing about changes in the traditional legal system. This conference will consider the fundamental principles of the prior appropriation doctrine together with the important new developments in the law now underway throughout the West.

The Prior Appropriation System In Western Water Law: The Law Viewed Through The Example Of The Rio Grande Basin, James N. Corbridge Jr., Charles F. Wilkinson

Western Water Law in Transition (Summer Conference, June 3-5)

17 pages.

Contains references.

Administering Water Rights: The Permit System, Lawrence J. Wolfe

Western Water Law in Transition (Summer Conference, June 3-5)

69 pages.

Contains references.

Administering Water Rights: The Colorado System, Raymond L. Petros

Western Water Law in Transition (Summer Conference, June 3-5)

140 pages (includes illustrations and maps).

Contains bibliography.

Heartbalm Statutes And Deceit Actions, Michigan Law Review

Michigan Law Review

This Note considers whether actions in deceit based on fraudulent marriage promises should be deemed barred by the heartbalm statutes. It determines that they should not. Part I examines the policies and arguments against the common law breach of promise to marry action that are embodied in the heartbalm statutes and looks at the limits courts have placed on the reach of the statutes. Part II re-examines the deceit action in light of the purposes of the heartbalm acts and their intended scope, as well as in light of criticism of the action by the courts and commentators. In particular, …

The Ascendancy Of Legislation: Legal Problem Solving In Our Time, Frank P. Grad

Dalhousie Law Journal

Law making in our time depends on legislation, and our primary reliance on statutory law is being increasingly recognized, even though, as James Williard Hurst recently put it, "Judge-made law is still the darling of legal philosophers."' It has also remained at the misplaced center of much of our legal education.' I hope to trace the movement toward the full acceptance of statutes as a source of law, including brief notes on early twentieth century efforts to salvage the common law through the machinery of law revision commissions and through the Restatements developed by the American Law Institute. The New …

The 'Legalization' Of The Family: Toward A Policy Of Supportive Neutrality, David L. Chambers

Articles

The word "legalization" has conflicting meanings. One, intended to sound the theme of this conference, conveys the notion of government regulation permeating some area of human activity. The other-as found, for example, in the phrase "the legalization of marijuana"-is a near opposite: the process of making legal or permissible that which. was previously forbidden, taking government out of that which it had previously controlled. The recent history of government's relationship to the family amply displays both sorts of legalization, both government's intrusion and its withdrawal, and reveals a paradoxical relation between the two-that as government frees people to live their …

The Second Death Of Federalism, William W. Van Alstyne

Michigan Law Review

In 1976, in National League of Cities v. Usery, the Supreme Court distinguished acts of Congress regulating commercial relations from acts of Congress commanding the terms of state services. Last Term, in Garcia v. San Antonio Metropolitan Transit Authority, the Court abandoned the distinction and held that it was principally for Congress to determine federalism questions. In this Comment, Professor Van Alstyne criticizes the Court on both counts.

Participatory Management Under Sections 2(5) And 8(A) (2) Of The National Labor Relations Act, Michigan Law Review

Michigan Law Review

This Note argues that participatory management programs initiated by the employer in nonunion settings should be permissible under the NLRA when they do not restrict the freedom of employees to choose their own bargaining representative. Section I describes the major currents of participatory management theory. Section II explores the restrictive interpretation the National Labor Relations Board (Board) and the courts have traditionally given those sections of the NLRA applicable to participatory management programs. Section III describes the increasingly permissive approach taken by some courts, and to a lesser extent by the Board, in applying the NLRA to participatory management settings. …

Neiman V. Chairman Of The Elections Committee, Meir Shamgar, Miriam Ben-Porat, Aharon Barak, Menachem Elon, Moshe Bejski

Translated Opinions

The Knesset Elections Law establishes a Central Elections Committee, to which are submitted the various proposed candidates lists that wish to participate in the Knesset elections. The Committee reviews the lists to ascertain that they conform to the requirements of the Law, approves such lists as comply and disqualifies any list that does not comply, supervises the conduct of the election campaign and the elections themselves, rules on various issues that arise during the campaign and during the elections and certifies the results of the voting. The Committee is comprised of representatives of the party lists that are represented in …

The Voting Rights Amendment Act Of 2014: A Constitutional Response To Shelby County, Gilda R. Daniels, William Yeomans, Nicholas Stephanopoulos, Gabriel J. Chin, Samuel Bagenstos

All Faculty Scholarship

This Issue Brief from the American Constitution Society for Law and Policy begins by explaining the Voting Rights Act, Shelby County v. Holder, and the Voting Rights Amendment Act of 2014 (VRAA). The remaining sections then explain the four specific ways the VRAA attempted to counter the holding from the Shelby County decision.

Motions For Appointment Of Counsel And The Collateral Order Doctrine, Michigan Law Review

Michigan Law Review

This Note argues that denials of motions for appointment of counsel should be immediately appealable under the collateral order exception to 28 U.S.C. § 1291. Part I examines the extent to which the collateral order doctrine modifies the finality rule. It argues that recent Supreme Court decisions that at first appear to have narrowed the doctrine have in fact only restated it. Part II applies the collateral order doctrine to orders denying appointment of counsel, concluding that such denials qualify for immediate review. Part III argues that policy considerations support this conclusion.

The Distinction Between The Scope Of Section 2(A) And Sections 2(D) And 2€ Of The Robinson-Patman Act, Michigan Law Review

Michigan Law Review

This Note argues that sections 2(d) and 2(e) were meant to cover only disguised discriminations not within the scope of section 2(a). If the seller's conduct falls within the scope of section 2(a), that section must be applied regardless of whether or not the conduct also falls within the language of section 2(d) or 2(e). Only when section 2(a) does not apply is recourse available under sections 2(d) and 2(e). Part I of this Note looks at general antitrust policy, the limitations of the Clayton Act that led to the enactment of the Robinson-Patman Act, and the legislative history of …

Cooperative Federalism Under The Surface Mining Control And Reclamation Act: Is This Any Way To Run A Government, Mark Squillace

West Virginia Law Review

One of the hallmarks of the environmental legislation passed by Congress in the 1970s was its increased reliance on a regulatory framework that has come to be known as "cooperative federalism." Under the cooperative federalism model, the states are given the opportunity to assume all or part of the responsibility for a regulatory program if they submit to the appropriate federal agency a program that satisfies certain standards set down by Congress or agency implementing regulations. As an incentive to encourage states to accept such responsibility, these statutes typically provide for partial federal funding of the program. States may, of …

A Moderate And Restrained Federal Product Liability Bill: Targeting The Crisis Areas For Resolution, Aaron D. Twerski

University of Michigan Journal of Law Reform

In this article I have tried to offer a rational, feasible, and politically acceptable solution to the present product liability crisis. To do this, I have first set out the problem. I explain in Part I how courts have created the crisis by formulating incomprehensible legal standards. In Part II, I examine the difficulties with assessing punitive damages against a defendant. In Part III, I discuss the conflict between the torts and workers' compensation systems. In Part IV, I reflect on the need to protect wholesalers and retailers from needless litigation. Part V suggests that a federal study on the …

The Reluctant Witness For The Prosecution: Grand Jury Subpoenas To Defense Counsel, Stacy Caplow

Faculty Scholarship

No abstract provided.

The Bottom Line Limitation To The Rule Of Griggs V. Duke Power Company, James P. Scanlan

University of Michigan Journal of Law Reform

Part I of this article analyzes the background to the Teal decision and the treatment by the majority and dissent of the issue known in employment discrimination law as the "bottom line" limitation to the disparate impact theory of employment discrimination. Part II explains why, for reasons beyond those considered by the Teal majority, not only was the Court's rejection of the bottom line theory manifestly correct, but a contrary result would have had grievous consequences. Part III then argues for a similar rejection of the bottom line limitation in those situations where most observers have taken for granted that …

The Delegation Doctrine: Could The Court Give It Substance?, David Schoenbrod

Michigan Law Review

Part I of this Article demonstrates the need for a new approach to the delegation doctrine. It shows that the Court has failed to articulate a coherent test of improper delegation and that the alternative tests offered by commentators are not sufficient. Part II then sets forth a proposed test of improper delegation. The basic principles of an approach prohibiting delegations of legislative power are outlined and illustrated. This Article does not, however, attempt anything so grand as to suggest a final definition of the doctrine or to pass broadly on the validity of statutes. Such an encompassing analysis is …

Does Charity Begin At Home? The Tax Status Of A Payment To An Individual As A Charitable Deduction, Michigan Law Review

Michigan Law Review

In White v. United States, the United States Court of Appeals for the Tenth Circuit reversed a district court decision and held that the taxpayers could deduct expenses they paid directly to their dependent son to support his missionary activities away from home. In Brinley v. Commissioner, the Tax Court sitting in Texas refused to follow the Tenth Circuit in White, and held that while the missionary son was entitled to deduct his personal expenses, the parents could not deduct their payment of the son's expenses.

This Note supports the result in Brinley and argues that the …

Book Note Of Direct Legislation: Voting On Ballot Propositions In The United States, Stephen B. Reynolds

Journal of Legal Education

No abstract provided.

Employment Practices, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Workers' Compensation, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.

Table Of Code Sections Affected, University Of The Pacific; Mcgeorge School Of Law

McGeorge Law Review

No abstract provided.