President/Executive Department Commons^™

The Constitutionality Of An Executive Spending Plan, Paul E. Salamanca

Law Faculty Scholarly Articles

Operation of government in the absence of appropriations has become relatively common in the United States, particularly when projected expenses exceed projected revenue, making adoption of a budget a difficult task for the legislature. This Article focuses on the budget crisis in the Commonwealth of Kentucky from 2002 through 2003. In Part I, this Article recapitulates the history of the spending plan, including the action filed in Franklin Circuit Court to affirm its constitutionality. In Part II, this Article discusses certain theoretical, historical, and legal principles that inform analysis of the plan. In Part III, it considers certain deviations and …

Structural Principles And Presidential Succession, Howard M. Wasserman

Faculty Publications

No abstract provided.

Popular Sovereignty And The Electoral College, John O. Mcginnis

Articles

No abstract provided.

Nineteenth-Century Orthodoxy, Richard B. Collins

Publications

No abstract provided.

Employment Discrimination And Presidential Immunity Cases, Dean Eileen Kaufman

Touro Law Review

No abstract provided.

Colorado River Governance: Sharing Federal Authority As An Incentive To Create A New Institution, David H. Getches

Publications

No abstract provided.

Federal Reserve: History, Purposes And Functions - An Analysis, Mukunda Lakshamanarao

LLM Theses and Essays

On December 23, 1913, President Woodrow Wilson signed into law the Federal Reserve Act. With this law, Congress established a central banking system which would enable the world’s most powerful industrial nation to manage its money and credit more effectively than ever before. The political and legislative struggle to create the Federal Reserve System was long and often bitter, and this final product in 1913 was the result of a carefully crafted and somewhat tenuous political compromise between national and regional powers. Since its founding, the Federal Reserve System has evolved to meet the needs of a changing financial system …

Tragic Irony Of American Federalism: National Sovereignty Versus State Sovereignty In Slavery And In Freedom, The Federalism In The 21st Century: Historical Perspectives, Robert J. Kaczorowski

Faculty Scholarship

A plurality on the Supreme Court seeks to establish a state-sovereignty based theory of federalism that imposes sharp limitations on Congress's legislative powers. Using history as authority, they admonish a return to the constitutional "first principles" of the Founders. These "first principles," in their view, attribute all governmental authority to "the consent of the people of each individual state, not the consent of the undifferentiated people of the Nation as a whole." Because the people of each state are the source of all governmental power, they maintain, "where the Constitution is silent about the exercise of a particular power-that is, …

Federal Lands And Watershed Based Management Approaches, Teresa Rice

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

12 pages.

Contains 1 footnote and 1 page of references.

Agenda: Challenging Federal Ownership And Management: Public Lands And Public Benefits, University Of Colorado Boulder. Natural Resources Law Center

Challenging Federal Ownership and Management: Public Lands and Public Benefits (October 11-13)

Conference organizers, speakers and/or moderators included University of Colorado School of Law professors David H. Getches, Michael A. Gheleta, Teresa Rice, Elizabeth Ann (Betsy) Rieke and Charles F. Wilkinson.

In the face of numerous proposals for privatizing, marketing, and changing the management of public lands, the Natural Resources Law Center will hold its third annual fall public lands conference October 11-13, at the CU School of Law in Boulder.

A panel of public land users and neighbors, including timber, grazing, mining, recreation, and environmental interests, will address current discontent with public land policy and management. There will also be discussion …

Agenda: Sustainable Use Of The West's Water, University Of Colorado Boulder. Natural Resources Law Center

Sustainable Use of the West's Water (Summer Conference, June 12-14)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell, Teresa A. Rice, Elizabeth A. Rieke and Charles F. Wilkinson.

Sustainable development is on the policy agenda for the '90s. What does sustainability mean? Is it a realistic concept? Are water rights compatible with sustainable use? The Center's 16th annual summer conference will explore the meaning of sustainability in the context of the West's demands, development, and natural values. Presentations by leading experts will address the broad concept of sustainable development, with a particular look at Arizona's experience. The focus will be …

The Need For Affordable Housing: The Constitutional Viability Of Inclusionary Zoning, 26 J. Marshall L. Rev. 75 (1992), Serena M. Williams

UIC Law Review

No abstract provided.

Timber Harvesting On Private Lands: The Washington Timber– Fish–Wildlife Agreement, John P. Mcmahon

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains 3 pages of references.

Bay/Delta Standards Memorandum And Exhibits, Thomas J. Graff

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

47 pages.

The 1987 Nonpoint Source Pollution Amendments And State Progress Under The New Program, John H. Davidson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

143 pages.

Contains 4 pages of references.

Antidegradation And Nonpoint Source Pollution In The West, H. Michael Anderson

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

31 pages.

Contains references.

Soil Erosion, Agrichemicals And Water Quality: A Need For A New Conservation Ethic?, Christine Olsenius

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

24 pages.

Contains references.

The San Joaquin–Sacramento Delta, David R. Beringer

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

20 pages.

Contains 2 pages of references.

Public Land Livestock Grazing, Water Quality And Riparian Ecosystems: The Evolving Legal And Technical Context, Richard H. Braun

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

8 pages.

Contains 1 page of references.

Legal Issues: San Francisco Bay, Sacramento-San Joaquin River Delta And Estuary, Stuart L. Somach

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

48 pages.

Contains footnotes.

Effluent: Making Use Of A Valuable Resource In Arizona, Kathleen Ferris

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

40 pages.

Contains references.

Agenda: Water Quality Control: Integrating Beneficial Use And Environmental Protection, University Of Colorado Boulder. Natural Resources Law Center

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Lawrence J. MacDonnell and Charles F. Wilkinson.

Protecting water quality is essential to preserve the many beneficial uses of western water resources. This conference addresses the dominant federal requirements in the Clean Water Act, including the important major revisions enacted by Congress in 1987, with special attention to western problems regarding nonpoint source pollution. Developments in groundwater quality regulation are considered, as are selected issues concerning the implications of state and federal water quality regulation for the traditional exercise of water rights.

Pretreatment Issues, Sue Ellen Harrison

Water Quality Control: Integrating Beneficial Use and Environmental Protection (Summer Conference, June 1-3)

28 pages.

Contains references.

Operating Under New Laws Pertaining To Mineral Development On Indian Lands, B. Reid Haltom

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

89 pages.

Contains 8 attachments:

1) Indian Mineral Development Act of 1982, Public Law 97-382 - Dec. 22, 1982.

2) Proposed BIA Regulations, 25 C.F.R. 225 and 211, Federal Register, Vol. 48, No. 134, Tuesday, July 12, 1983.

3) Billings Area Office Procedures.

4) Flow Chart.

5) Oil and Gas Exploration Joint Venture Agreement.

6) Federal Oil and Gas Royalty Management Act of 1982, Public Law 97-451 [H.R. 5121], January 12, 1983.

7) 30 C.F.R., Part 210, 212, 217, 218, 219, 228, 229, 241, 243, Federal Register, Vol. 49, No. 185, Friday, September 21, 1984.

8) 43 C.F.R., Part 3160, …

Diligence Requirements Under The Federal Coal Leasing Amendments Act Of 1975, Gail L. Wurtzler

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

51 pages.

Contains references.

Readjustment Of Federal Coal Leases, Marilyn S. Kite

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

19 pages.

Contains references.

Getting The Coal Leasing Program Back On Track: The Linowes Commission And Beyond, Sandra L. Blackstone

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

37 pages.

Contains 2 pages of references.

Leases For Other Minerals: Recent Developments, Thomas F. Cope

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

14 pages.

Contains references.

State And Local Regulation Affecting Public Lands Mineral Lease Activities: What Are The Limits?, Lawrence J. Macdonnell

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

27 pages.

Contains references.

The Federal Coal Leasing Program, John Latz

Public Lands Mineral Leasing: Issues and Directions (Summer Conference, June 10-11)

22 pages (includes 1 illustration and 1 map).

Contains 3 pages of references.