Showing Results for
- Academic Journals (15)
Search Results
- 15
Academic Journals
- 15
-
From:Florida Bar Journal (Vol. 91, Issue 5)It's a common scenario: A spouse takes out a life insurance policy during the marriage and designates the other spouse as the beneficiary. Subsequently, they divorce, and the spouse who purchased the policy neglects to...
-
From:Harvard Journal of Law & Technology (Vol. 30) Peer-ReviewedI. INTRODUCTION Despite the best efforts of a few generations of law professors and Supreme Court justices, the claim "If it's mine I can do whatever I want with it" continues to exert a strong normative pull in our...
-
From:Fordham Urban Law Journal (Vol. 38, Issue 4)INTRODUCTION Eminent domain represents a critical and contested point of intersection between government power and private property rights. As debates over eminent domain have leapt from the pages of academic...
-
From:Monthly Labor Review (Vol. 111, Issue 8) Peer-ReviewedSince the enactment of ERISA in 1974 vesting status is attained sooner for most workers and is more easily obtained for mobile workers Provisions of employer-financed retirement plans have been changed to reflect the...
-
From:Harvard Journal of Law & Public Policy (Vol. 41, Issue 1) Peer-ReviewedINTRODUCTION The idea of vested private rights is divisive; it divides those who practice law from those who teach and think about law. On one side of the divide, practicing lawyers act as though (at least some)...
-
From:University of Pennsylvania Law Review (Vol. 169, Issue 5)Modern courts and commentators have had trouble distinguishing the kinds of decisions that require "judicial" power from the adjudicative tasks that Congress can authorize administrative agencies to perform in the course...
-
From:Harvard Journal of Law & Technology (Vol. 30, Issue 1) Peer-ReviewedI. INTRODUCTION Despite the best efforts of a few generations of law professors and Supreme Court justices, the claim "If it's mine I can do whatever I want with it" continues to exert a strong normative pull in our...
-
From:Harvard Law Review (Vol. 133, Issue 7)I'm a skilled painter who recently survived a debilitating accident. Now incapacitated, I've become depressed because I'll never paint again. You, a good friend, decide to cheer me up. You buy an expensive set of oils,...
-
From:Notre Dame Law Review (Vol. 89, Issue 1)ABSTRACT Scholars have ignored the most important question in one of the most famous constitutional law cases, obscuring the machinations that spawned the dispute. This Article sheds light on the events that...
-
From:Stanford Law Review (Vol. 74, Issue 2) Peer-ReviewedBlack-letter constitutional law distinguishes "private rights," which must be litigated before an Article III tribunal, from "public rights," which Congress may resolve through administrative adjudication. Yet both...
-
From:Harvard Law Review (Vol. 124, Issue 7)Agencies may not promulgate retroactive rules without express statutory authorization. (1) Retroactive rules take away or impair vested rights. (2) But "retroactivity rules are easy to state, less easy to apply." (3)...
-
From:Constitutional Commentary (Vol. 35, Issue 3) Peer-ReviewedINTRODUCTION Article I of the United States Constitution begins as follows: "All legislative Powers herein granted shall be vested in a Congress of the United States[.]" (1) That text is sometimes called the Vesting...
-
From:Journal of Environmental Health (Vol. 65, Issue 7) Peer-ReviewedEnvironmental health programs such as programs designed to regulate food safety, onsite sewage disposal, swimming pool maintenance, solid or hazardous waste disposal, and housing regulations, depend on inspections. To...
-
From:Houston Journal of International Law (Vol. 29, Issue 2)I. INTRODUCTION When you think Texas, you likely picture the current President of the United States of America, George W. Bush. And, when you think President Bush, you likely think of the war in the Middle East....
-
From:Notre Dame Law Review (Vol. 89, Issue 1)D. Delivery The delivery theory rests upon common law concepts applicable to deeds and related instruments and contends that without commission delivery, the President has not filled the office or made an officer....