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1987

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Institution
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Articles 391 - 406 of 406

Full-Text Articles in Legislation

Session Law 87-387, Florida Senate & House Of Representatives Jan 1987

Session Law 87-387, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Session Law 87-074, Florida Senate & House Of Representatives Jan 1987

Session Law 87-074, Florida Senate & House Of Representatives

Staff Analyses & Legislative Documents

No abstract provided.


Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman Jan 1987

Nonmajority Bargaining Orders: The Only Effective Remedy For Pervasive Employer Unfair Labor Practices During Union Organizing Campaigns, David S. Shillman

University of Michigan Journal of Law Reform

Current Board policy forbids issuing a bargaining order in this situation, where there is no objective evidence of majority support for a union, even though the bargaining ·order may be the only effective remedy for extreme employer unfair labor practices. The Board's refusal to issue nonmajority bargaining orders (NMBOs), grounded in its fear of imposing a union on unwilling employees, has left it impotent to remedy the most severe employer unfair labor practices. This Note examines arguments for and against the Board's use of NMBOs and concludes that NMBOs are within the scope of the Board's remedial powers and should …


Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch Jan 1987

Orphaned Rules In The Administrative State: The Fairness Doctrine And Other Orphaned Progeny Of Interactive Deregulation, Susan Low Bloch

Georgetown Law Faculty Publications and Other Works

The recent trend toward deregulation has revealed a fundamental weakness in our administrative state. Agencies that have decided to eliminate agency-created rules that no longer serve their statutory mandate are effectively prevented from doing so by pressure from members of Congress who want to preserve the rule but are unable or unwilling to enact it as law.


Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson Jan 1987

Understanding The New Family Farmer Bankruptcy Act, Bruce H. Matson

University of Richmond Law Review

In response to the crisis in the United States farm economy and the inability of farmers to obtain meaningful relief from either Chapter 11 or 13 of the Bankruptcy Code, Congress passed the Bankruptcy Judges, United States Trustees and Family Farmer Bankruptcy Act of 1986 (the "Act") in October of 1986. The Act includes a new chapter in the Bankruptcy Code-Chapter 12-exclusively for family farmers. This article outlines the substantive provisions of the new Chapter 12 and who may be eligible to take advantage of this new statute. In reviewing Chapter 12, the article attempts to show how concepts from …


Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White Jan 1987

Taking From Farm Lenders And Farm Debtors: Chapter 12 Of The Bankruptcy Code, James J. White

Articles

In passing Chapter 12 of the Bankruptcy Reform Act, Congress has effectively invalidated certain important provisions of existing farm mortgages. Equally significant, Congress has disabled farmers from granting binding mortgages on the full, value of their property. Although no court is likely to find the Chapter to violate the fifth amendment, the Chapter constitutes a substantial and retroactive alteration of the rights of existing mortgagees and a restriction on the powers of prospective mortgagors to grant valid mortgages. The thesis of this paper is that Congress was both wrong and shortsighted in its enactment of Chapter 12. Congress was wrong …


Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner Jan 1987

Wait-And-See: The New American Uniform Act On Perpetuities, Lawrence W. Waggoner

Articles

The wait-and-see version of perpetuity reform has gained a new champion in the United States. The National Conference of Commissioners on Uniform State Laws-the body responsible for promulgating uniform legislation, such as the Uniform Commercial Code, for recommended enactment by the federal states-recently approved a Uniform Statutory Rule Against Perpetuities. Shortly thereafter, the Uniform Act was endorsed by the House of Delegates of the American Bar Association, the Board of Regents of the American College of Probate Counsel, and the Board of Governors of the American College of Real Estate Lawyers.


Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner Jan 1987

Redesigning The Spouse's Forced Share, John H. Langbein, Lawrence W. Waggoner

Articles

American forced-share law underwent a major round of reform in the 1960s. The main objective was to prevent the decedent from engaging in "fraud on the widow's share," that is, using nominal inter vivos transfers to evade the surviving spouse's forced-share entitlement. In jurisdictions that follow the Uniform Probate Code of 1969 (UPC), that mischief has been eradicated. The UPC, which is discussed in some detail below, extends the forced-share entitlement to property that has been the subject of inter vivos transfer. In the present article we develop the view that the time has come for a further round of …


New Steps To Preserve The Old: The Revised Historic Preservation Legislation For The City Of Philadelphia, Charlotte E. Thomas Jan 1987

New Steps To Preserve The Old: The Revised Historic Preservation Legislation For The City Of Philadelphia, Charlotte E. Thomas

Villanova Law Review (1956 - )

No abstract provided.


It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni Jan 1987

It's About Time: Proposal For Recognition Of Statutes Of Limitation In Attorney Discipline, Ellen Y. Suni

Faculty Works

No abstract provided.


Legal Evolution And Legislation, Alan Watson Jan 1987

Legal Evolution And Legislation, Alan Watson

Scholarly Works

For several years I have been working on two relationships: the relationship between legal rules and the society in which they operate, and the relationship between sources of law and the way law evolves. Some critics have suggested that in discussing the evolution of law, I have understated the revolutionary force of legislation and statutory law. This issue will be the focus of this article.


Assembly Office Of Research, F. Adelman, C. Traxler Jan 1987

Assembly Office Of Research, F. Adelman, C. Traxler

California Regulatory Law Reporter

No abstract provided.


General Legislation, C. Traxler Jan 1987

General Legislation, C. Traxler

California Regulatory Law Reporter

No abstract provided.


Statutes And Constitutions In An Age Of Common Law, Reed Dickerson Jan 1987

Statutes And Constitutions In An Age Of Common Law, Reed Dickerson

Articles by Maurer Faculty

No abstract provided.


Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin Jan 1987

Legislative Self-Constraint: A Reply To Professor Kahn, William D. Popkin

Articles by Maurer Faculty

No abstract provided.


Why The Mccarran-Walter Act Must Be Amended, John Scanlan Jan 1987

Why The Mccarran-Walter Act Must Be Amended, John Scanlan

Articles by Maurer Faculty

No abstract provided.