State and Local Government Law Commons^™

How Democratic Are Initiatives?, Richard B. Collins

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No abstract provided.

Unocal Revisited: No Tiger In The Tank, Mark J. Loewenstein

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No abstract provided.

The Metamorphosis Of Western Water Policy: Have Federal Laws And Local Decisions Eclipsed The States’ Role?, David H. Getches

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No abstract provided.

Towards A Constitutional Architecture For Cooperative Federalism, Philip J. Weiser

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In this Article, Professor Weiser calls for a new conception of federal-state relations to justify existing political practice under cooperative federalism regulatory programs. In particular, Professor Weiser highlights how Congress favors cooperative federalism programs--that combine federal and state authority in creative ways--and has rejected the dual federalism model of regulation--with separate spheres of state and federal authority that current judicial rhetoric often celebrates. Given the increasing dissonance between prevailing political practice and judicial rhetoric, courts will ultimately have to confront three fault lines for current cooperative federalism programs: the legal source of authority for state agencies to implement federal law, …

Introducing Revised Article 9 Of The Uniform Commercial Code, John L. Mccabe, Arthur H. Travers

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No abstract provided.

The United States Supreme Court And Indigenous Peoples: Still A Long Way To Go Toward A Therapeutic Role, S. James Anaya

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No abstract provided.

Delaware As Demon: Twenty-Five Years After Professor Cary's Polemic, Mark J. Loewenstein

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No abstract provided.

Paradigm Changes In Telecommunications Regulation, Phil Weiser

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No abstract provided.

Judges And Federalism: A Comment On "Justice Kennedy's Vision Of Federalism", Robert F. Nagel

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No abstract provided.

Chevron, Cooperative Federalism, And Telecommunications Reform, Philip J. Weiser

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No abstract provided.

Nineteenth-Century Orthodoxy, Richard B. Collins

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No abstract provided.

A Central Filing System For Financing Statements, Arthur H. Travers Jr., John L. Mccabe

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No abstract provided.

The Corporate Director's Duty Of Oversight, Mark J. Loewenstein

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No abstract provided.

Historical Water Use And The Protection Of Vested Rights: A Challenge For Colorado Water Law, James N. Corbridge Jr.

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No abstract provided.

The Execution Of Search Warrants, H. Patrick Furman

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No abstract provided.

The Federal Psychotherapist-Patient Privilege After Jaffee: Truth And Other Values In A Therapeutic Age, Christopher B. Mueller

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No abstract provided.

Indian Tribal Rights And The National Forests: The Case Of The Aboriginal Lands Of The Nez Perce Tribe, Charles F. Wilkinson

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No abstract provided.

Introduction, Paul F. Campos

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No abstract provided.

What's In A Name: An Argument For A Small Business Limited Liability Entity Statute (With Three Subsets Of Default Rules), Dale A. Oesterle, Wayne M. Gazur

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The recent proliferation of small business entity forms is primarily a result of their tax characterization. With the recent adoption of the IRS "check-the-box" regulations and, as a consequence, the elimination of traditional tax distinctions, many of these forms have lost their appeal. This article proposes starting over with one form, the "limited liability entity." Part I discusses the history of small business forms. Part II analyzes the current forms in light of the recent check-the- box legislation. Part III discusses the necessity of and rationale behind a unified entity statute. Finally, Part IV outlines a unified limited liability entity …

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

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No abstract provided.

A New Direction For State Corporate Codes, Mark J. Loewenstein

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No abstract provided.

Playing Defense, Robert F. Nagel

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Noting that the Romer opinion condemns the motives behind Amendment 2 without pausing even briefly to examine the social context in which it was enacted, Professor Nagel describes the decision as a model of the intolerant impulse in action. He traces this impulse to the Justices' unwillingness to examine their own role--and that of the rest of the constitutional law establishment--in creating the underlying conditions that produced Amendment 2.

In order to identify those conditions, Professor Nagel analyzes the primary document used by Colorado for Family Values during its campaign on behalf of the initiative. He argues that this document …

Reflections On Executive Compensation And A Modest Proposal For (Further) Reform, Mark J. Loewenstein

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No abstract provided.

California’S Proposition 187--Does It Mean What It Says? Does It Say What It Means? A Textual And Constitutional Analysis, Lolita K. Buckner Inniss

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No abstract provided.

The Future Of Federalism, Robert F. Nagel

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No abstract provided.

The Term Limits Dissent: What Nerve, Robert F. Nagel

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No abstract provided.

Handling Difficult Issues Under The Family Medical Leave Act, Helen Norton

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No abstract provided.

Initiative Petition Reforms And The First Amendment, Emily Calhoun

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No abstract provided.

The Last Centrifugal Force, Robert F. Nagel

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No abstract provided.

Self-Defense In Colorado, H. Patrick Furman

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No abstract provided.