Legislation Commons^™

Legislative Courts, Legislative Power, And The Constitution, Daniel J. Meltzer

Indiana Law Journal

Symposium: Paul Bator: Legislative and Administrative Courts Under Article III

The Exclusivity Period In Section 1121: How Exclusive Is It, Ross L. Weston

Cardozo Law Review

No abstract provided.

The Right To Refuse Medical Treatment In Ohio After Cruzan: The Need For A Comprehensive Legislative Solution, Thomas J. Onusko, Patricia Casey Cuthbertson

Journal of Law and Health

This paper will first review the development of Ohio case law prior to the Supreme Court's decision in Cruzan v. Director, Missouri Department of Health along with the Cruzan decision and Ohio's Durable Power of Attorney for Health Care statute. Next, the constitutionality of the limitations in the Durable Power of Attorney Health Care statute will be discussed. The standard of evidence which must be met in Ohio in order to implement an incompetent's wishes regarding medical treatment in the absence of a durable power will be analyzed. Recommendations will be presented regarding what Ohioans should do in order to …

The Air Toxics Dilemma: Whither Section 112?, Michael E. Herz

Articles

The Clean Air Act was the product of a spasm of extraordinary political unanimity. Its actual implementation, however, has been divisive and controversial from the start. For two decades now, politicians, members of the regulated community, environmental activists, and academics have been debating whether the Act represents a rational investment (current expenditures for air pollution control are generally estimated at something above thirty billion dollars), uses optimal or even sensible regulatory mechanisms, or has accomplished anything at all.

Virtue Ethics In A Perfectionist Theory Of Law And Justice, Donald F. Brosnan

Cardozo Law Review

No abstract provided.

Abuse Of The Diplomatic Bag: A Proposed Solution, Amy Zeidman

Cardozo Law Review

No abstract provided.

Offers Users Can't Refuse: Shrink-Wrap License Agreements As Enforceable Adhesion Contracts, Michael G. Ryan

Cardozo Law Review

No abstract provided.

Labor, Management, And The First Amendment: Whose Rights Are These, Anyway?, Richard Michael Fischl

Cardozo Law Review

No abstract provided.

Structure And Process, Politics And Policy: Administrative Arrangements And The Political Control Of Agencies, Mathew D. Mccubbins, Roger D. Noll, Barry R. Weingast

Faculty Scholarship

No abstract provided.

The Question Of Succession In New York City: Who Has The Right To Renew A Rent-Stabilized Lease?, S. Emy Poulad

Cardozo Law Review

No abstract provided.

A Proposal For A Federal Takeover Law, Elliot J. Weiss

Cardozo Law Review

No abstract provided.

The Offshore Constitutional Settlement Western Australia 1988, Fisheries Department Of Western Australia

Fisheries Management Papers

In June 1987 under the Offshore Constitution Settlement (OCS), the Australian and West Australian State Governments completed the first stage of rationalising jurisdiction over a number of fisheries operating off the West Australian coast.

Arrangements under the OCS for West Australian fisheries fall into three catagories:

1. fisheries managed by the State under State law as far seaward as the arrangement specifies.

2. fisheries managed by the West Australian Fisheries Joint Management Authority under State laws in waters were the arrangement applies.

3. fisheries managed by the Commonwealth under Commonwealth law in waters where the arrangement applies.

Eleven of the …

The 1980'S Amendment To The Sherman Antitrust Act And The Revitalized Per Se Illegality Of Resale Price Maintenance, Nira Weisel

Cardozo Law Review

No abstract provided.

The Tort Crisis: Causes, Solutions, And The Constitution, Wallace M. Rudolph

Seattle University Law Review

The thesis of the Article is that the expansion of tort liability based on strict liability or enterprise liability without regard to the proper measurement of damages in such cases is at the root of the insurance crisis rather than the awarding of excessive damages in ordinary fault cases. Stated another way, the expansion of tort liability was based upon the appropriateness of internalizing the cost of economic activity by spreading the risk among the beneficiaries of such activity, but the damages were measured under full compensation theories rather than a more appropriate insurance approach. This divergence between basing liability …

Legislative Enforcement Of Equal Protection, Stephen F. Ross

Faculty Scholarship

This Article explores the legislative role in enforcing the constitutional guarantee to equal protection. Part I describes the underenforcement principle that explains the restrictive judicial exercise of authority in constitutional matters. The Article then focuses on Congress' role in examining issues relating to the constitutional guarantee of equal protection that the courts have chosen to underenforce. Part II analyzes relevant constitutional provisions that may empower or limit congressional actions. Part III considers ways in which Congress can address state violations of equal protection through directives to the judiciary and through the legislative process. Part IV details how both federal and …

Generic Fraud And The Uniform Fraudulent Transfer Act, Peter A. Alces

Cardozo Law Review

No abstract provided.

The Teaching Of Legislation In Canadian Law Faculties, W Maclauchlan, T G. Ison, H N. Janisch, P A. Coté

Dalhousie Law Journal

Wade MacLauchlan: On behalf of Pierre Issalys, who serves as co- President of the Administrative Law Section of the Canadian Association of Law Teachers, and myself, I would like to welcome you to our annual section meeting. The subject which has been adopted for today's meeting is: "The Teaching of Legislation in Canadian Law Faculties". We have the good fortune to have as panelists three of the most experienced and vital teachers of Administrative Law in the country. Professors Terry Ison of Osgoode Hall Law School, Hudson Janisch of the University of Toronto and Pierre-Andr6 Cot6 of l'Universit6 de Montr6al …

Antitrust Review: Introductory Remarks, Milton Handler

Cardozo Law Review

No abstract provided.

Legal Liability For Medical Innovation, Richard A. Epstein

Cardozo Law Review

No abstract provided.

The Constitutionality Of State Business Combination Legislation: New York's Section 912, Leonard Miles

Cardozo Law Review

No abstract provided.

As Time Goes By: Pretrial Incarceration Under The Bail Reform Act Of 1984 And The Speedy Trial Act Of 1974, Allen D. Applbaum

Cardozo Law Review

No abstract provided.

The Future Of Corporate Federalism: State Competition And The New Trend Toward De Facto Federal Minimum Standards, John C. Coffee Jr.

Cardozo Law Review

No abstract provided.

The Genesis And Goals Of The Ali Corporate Governance Project, Roswell B. Perkins

Cardozo Law Review

No abstract provided.

Freedom Of Speech And Holocaust Denial, Gerald Tishler

Cardozo Law Review

No abstract provided.

Protecting Battered Women: A Proposal For Comprehensive Domestic Violence Legislation In New York, Lisa R. Beck

Fordham Urban Law Journal

This note proposes that New York implement a mandatory arrest policy for certain types of domestic violence. The author first examines New York's current methods of addressing domestic violence, including previous attempts at decriminalization, judicial remedies, and the effectiveness of orders of protection. The author then describes the issues of the current discretionary arrest policy. The note examines domestic violence legislation in other states, then proposes a comprehensive statutory scheme to address domestic violence in New York state.

Comments On Carlson's Comments, John L. Hanks

Cardozo Law Review

No abstract provided.

On A Just Measure Of The Efficiency Of Law And Governmental Policies, John L. Hanks

Cardozo Law Review

No abstract provided.

Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center

External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)

Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.

The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.

It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …

In The Interest Of Children, Samuel M. Davis

West Virginia Law Review

No abstract provided.

Survey Of Developments In West Virginia Law: 1985

West Virginia Law Review

No abstract provided.