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Royal C. Gardner, Corps’ New Regulatory Guidance Letter on Mitigation: Trick or Treat?, 24 Nat'l Wetlands Newsletter 3 (2002)Clicking on the button will copy the full recommended citation.
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Stephanie Vaughan and Kelly Feeley, Yes, You Will Really Use Algebra When You Grow Up: Providing Law Proof that Legal Research and Writing is Essential in the Real World, 10 Perspectives 105 (2002)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Book Review, Changing Places, 13 NAELA News 7 (2001)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, Book Review, Building Healthy Communities Through Medical-Religious Partnerships, 13 NAELA News 7 (2001)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan and Charles P. Sabatino, Advance Planning and Drafting for Health Care Decisions, 15 Probate and Property 35 (2001)Clicking on the button will copy the full recommended citation.
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Louis J. Virelli and David S. Leibowitz, “Federalism Whether They Want It or Not”: The New Commerce Clause Doctrine and the Future of Federal Civil Rights Legislation after United States v. Morrison, 3 U. Pa. J. Const. L. 926 (2001)Clicking on the button will copy the full recommended citation.
The Supreme Court's decision in United States v. Morrison represents a continuation of the judicial constriction of Congress' Commerce Clause power that began in United States v. Lopez. Rather than simply distinguishing Lopez and Morrison from its more recent decisions, the Lopez and Morrison Courts revisited interpretive approaches to the Commerce Clause that had lain dormant for more than six decades. This Article first considers Lopez and Morrison in light of the Court's interpretive history with the Commerce Clause. An analysis of this history reveals three dominant interpretive themes, and concludes that the Court's decisions in Lopez and Morrison depart markedly from the interpretive approach taken by the Court since the New Deal. The Article goes on to demonstrate how Morrison in particular signals the resurrection of an interpretive methodology that is more rigidly formalistic and designed to promote more broadly the notion of traditional spheres of state autonomy. Having identified this theoretical shift, the Article discusses the potential implications of this re-emerging, formalistic theory of Commerce Clause jurisprudence for federal civil rights legislation through an analysis of recent constitutional challenges to existing environmental laws.
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Rebecca C. Morgan, Introduction, Elder Law across the Curriculum, 30 Stetson L. Rev. 1265 (2001)Clicking on the button will copy the full recommended citation.
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Peter Lake and Joel C. Epstein, Modern Liability Rules and Policies Regardign College Student Alcohol Injuries: Reducing High Risk Alcohol Use through Norms of Shared Responsibility and Environmental Management, 53 Okla. L. Rev. 611 (2001)Clicking on the button will copy the full recommended citation.
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Peter Lake, The Special Relationship(s) between a College and a Student: Law and Policy Ramifications for the Post In Loco Parentis College, 37 Idaho L. Rev. 531 (2001)Clicking on the button will copy the full recommended citation.
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Theresa J. Pulley Radwan, Limitations on Assumption and Assignment of Executory Contracts by “Applicable Law”, 31 New Mexico L. Rev. 299 (2001)Clicking on the button will copy the full recommended citation.
11 U.S.C. section 365 considers the treatment of executory contracts in bankruptcy proceedings. Subsection 365(c)(1) prohibits the assumption or assignment of executory contracts when a contractual or legal provision would applicable law excuses a party from accepting third-party performance, while subsection 365(f) allows assignment of an executory contract under certain circumstances regardless of legal or contractual prohibitions on the assignment. This article considers the balance between these sometimes-contradictory subsections of the Bankruptcy Code, and concludes that Congress intended to allow the assumption of executory contracts even if they are not assignable in order to further the objections of reorganization bankruptcy proceedings.