Courts to rule budget?
Article Abstract:
A balanced budget amendment would, if enacted, not end political gridlock, and since the 1997 version does not limit the role of the courts, might leave federal judges with the burden of impounding spending or raising taxes. The 1997 version also lacks procedural machinery making it easier for Congress to write new taxes or spending cuts into law or for the president to do it without Congress. Analogies to states are misguided because state constitutions and governmentsgive governors extensive power of the purse.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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Illinois high court latest to nix tort reform law; roughly half of all state supreme courts have now overturned or limited state tort reform legislation as unconstitutional
Article Abstract:
The Illinois Supreme Court held the state's tort reform statute to be unconstitutional in the 1997 ruling of Best v. Taylor Machine Works. It abolished joint liability in most tort actions and capped both punitive and noneconomic damages. Best held the limitation of damages to violate the special legislation and separation-of-powers clauses of the state's constitution. The court found the unconstitutional provisions could not be severed from the rest of the law and thus invalidated it.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1998
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Avoiding the courts: literary remedy for libel
Article Abstract:
The New Yorker's editorial counsel Joseph Cooper suggests that writers resolve their disputes by arguing their cases in print instead of in court. After several years of coordinating information and efforts of those involved in a defamation suit against 'The New Yorker,' Cooper suggests that there are better ways for writers to resolve their disputes than by expending substantial resources on a legal battle.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1997
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- Abstracts: Courts order 'Markman' hearings early in cases. Malpractice; settlement claims. Congress holds hearings in price increases and program access in the cable television industry, with an eye toward reforms that may increase competition
- Abstracts: Subtrusts and reversionary interests: a review of current options. Attitudes of older adults toward long-term health care options
- Abstracts: Protecting the innocent: a key rule of insurance coverage takes a wild ride in the courts. The innocent-spouse rule; measure can protect client from unfair tax burden
- Abstracts: To pay or to convey?: a theory of remedies for breach of real estate contracts. The misappropriation theory as a corollary to the classic insider trading theory
- Abstracts: What major league baseball can learn from its international counterparts: building a model collective bargaining agreement for major league baseball