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Law

1998

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Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School Oct 1998

Vol. 49, No. 4, October 23, 1998, University Of Michigan Law School

Res Gestae

•Halloween Party Set for October 30 •Moot Court Season Begins •Figure Out Just How Big a Loser You Really Are •And You Thought Your Life Was Miserable •At Least Find Somewhere More Sophisticated than Rick's •I'll Be Siskel, You Be Ebert •Celebrate the Holidays- RG Style •Alcohol Eases the Pain


Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York Jun 1998

Kids, Cops, & Communities, Us Department Of Justice, Carnegie Corporation Of New York

National Institute of Justice Office of Justice Programs

This report is designed to help law enforcement administrators and officers understand and institute a strategy to help prevent violence - community-oriented policing services carried out in collaboration with youth-serving organizations. Popular police prevention approaches such as D.A.R.E. (Drug Abuse Resistance Education), G.R.E.A.T. (Gang Resistance Education and Training), and the McGruff "Take a Bite out of Crime" campaigns have helped prepare police officers to work hand in hand in a variety of ways with local affiliates of national youth-serving organizations. In a growing number of cities, police are working with youth groups and finding that violence involving youth is rapidly …


Religious Freedom As If Religion Matters: A Tribute To Justice Brennan, Stephen L. Carter Apr 1998

Religious Freedom As If Religion Matters: A Tribute To Justice Brennan, Stephen L. Carter

Philip A. Hart Memorial Lecture

On April 22, 1998, Professor of Law, Stephen L. Carter of Yale Law School, delivered the Georgetown Law Center’s eighteenth Annual Philip A. Hart Memorial Lecture: "Religion-Centered Free Exercise: A Tribute to Justice Brennan."

Stephen L. Carter is the William Nelson Cromwell Professor of Law at Yale, where he has taught since 1982. Among his courses are law and religion, the ethics of war, contracts, evidence, and professional responsibility. His most recent book is The Violence of Peace: America’s Wars in the Age of Obama (2011). Among his other books on law and politics are God’s Name in Vain: The …


Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz Jan 1998

Compelled Lawyer Representation And The Free Speech Rights Of Attorneys, Leora Harpaz

Faculty Scholarship

This Article examines the Supreme Court's decision in Hurley v. Irish-American and compares it to the decision in Stropnicky v. Nathanson. It then considers whether there are sufficient distinctions between the two cases so as to defeat the First Amendment argument that was successful in Hurley. It concludes that the differences between the two cases are not sufficiently significant from the point of view of the First Amendment and that the application of the state public accommodation statute to a lawyer's ideologically motivated decision not to represent a client violates the First Amendment.


Mary M. Tuck V. The Beehive House, A Utah Limited Partnership, And S. Chad Godfrey, And Individual : Brief Of Appellant, Utah Court Of Appeals Jan 1998

Mary M. Tuck V. The Beehive House, A Utah Limited Partnership, And S. Chad Godfrey, And Individual : Brief Of Appellant, Utah Court Of Appeals

Utah Court of Appeals Briefs (1996–2006)

On Appeal from the Third Judicial District Court of Salt Lake County Judge Anne M. Stirba


Labelling Genetically Modified Products Under International Law, Mary Caroline Harris Jan 1998

Labelling Genetically Modified Products Under International Law, Mary Caroline Harris

LLM Theses and Essays

This paper focuses on the debate on the health, policy and legal regimes that require the special labeling of food, drugs and other products that contain genetically-modified-organisms. The paper examines national and international regulatory schemes on genetically-modified-organisms and the roles of the General Agreements on Tariffs and Trade (GATT) and World Trade Organization (WTO) conventions for non-restrictive global trade. This paper analyzes the scope, aims and objectives of the proposed international Biosafety Protocol in line with the overarching goals of GATT/WTO. The paper concludes that the food industry and individual producers should have the liberty to decide whether to label …


Lost In A Doctrinal Wasteland: The Exceptionalism Of Doctor-Patient Speech Within The Rehnquist Court's First Amendment Jurisprudence, Paula Berg Jan 1998

Lost In A Doctrinal Wasteland: The Exceptionalism Of Doctor-Patient Speech Within The Rehnquist Court's First Amendment Jurisprudence, Paula Berg

Publications and Research

No abstract provided.


Inculcating Constitutional Values: A Review Essay Of: Constitutional Law. By Gerald Gunther & Kathleen M. Sullivan And Constitutional Law. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet., William K. Kelley Jan 1998

Inculcating Constitutional Values: A Review Essay Of: Constitutional Law. By Gerald Gunther & Kathleen M. Sullivan And Constitutional Law. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet., William K. Kelley

Constitutional Commentary

Inculcating Constitutional Values: a review essay of: Constitutional Law. By Gerald Gunther & Kathleen M. Sullivan. Westbury, New York: Foundation Press. 13th edition, 1997. Pp. xciii, 1553 and Constitutional Law. By Geoffrey R. Stone, Louis M. Seidman, Cass R. Sunstein, & Mark V. Tushnet. Boston: Aspen Law and Business Education. 3d Edition, 1996. Pp. ciii, 1814. Reviewed by: William K. Kelley.


Shepardizing English Law, Stephen E. Young Jan 1998

Shepardizing English Law, Stephen E. Young

Scholarly Articles

Young explores the use of noter-up resources for English legal materials, with an emphasis on case law and statutory citators. He also describes the online tools that can be used as citator services.


Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner Jan 1998

Reply To Critics Of The Problematics Of Moral And Legal Theory, Richard A. Posner

Articles

No abstract provided.


Joyce Scholars, Editors, And Imaginary Readers, Robert Spoo Jan 1998

Joyce Scholars, Editors, And Imaginary Readers, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel Jan 1998

European Economic And Monetary Union: Will The Emu Ever Fly The Euro: A New Single Currency For Europe: Legal Framework, Roger J. Goebel

Faculty Scholarship

The title of this article represents a pun, but a pun with a point that responds to the tensions between these dreams of EMU's success and fears of its failure. The emu is a large Australian bird, but, like the better-known ostrich, the emu does not fly. However, it can run very fast. The point is, that during the early stages of planning for the EMU there were some very high-flying aspirations for what it might attain, and what its attainment might mean for the political future of the European Union. Since then, these aspirations have been considerably chilled by …


The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks Jan 1998

The Stories We Must Tell: Ugandan Children And The Atrocities Of The Lord's Resistance Army, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay is about stories--the stories that we are told and the stories that we, in turn, tell to others. It has become a truism that we have lost our faith in master narratives and that the "real" is composed of many competing narratives, all fragmentary, contradictory, overlapping. In this article, the author discusses the problems this view poses for those of us who see ourselves as advocates and activists rather than solely--or primarily--as scholars, but who nonetheless seek to combine social activism with intellectual rigor and honesty. In particular, she discusses the dilemmas this creates for the human rights …


Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery Jan 1998

Mandatory Hiv Testing Of Professional Boxers: An Unconstitutional Effort To Regulate A Sport That Needs To Be Regulated, Raymond C. O'Brien, Michael T. Flannery

Scholarly Articles

No abstract provided.


Desire, Mateship And The 'National Type': Vance Palmer's Legend For Sanderson, Antonio Simoes Da Silva Jan 1998

Desire, Mateship And The 'National Type': Vance Palmer's Legend For Sanderson, Antonio Simoes Da Silva

Faculty of Law, Humanities and the Arts - Papers (Archive)

If we are to believe his critics Vance Palmer's Legend for Sanderson was not his most successful novel. Indeed Vivian Smith, one of Palmer's most perceptive, persistent and patient critics, has gone so far as to suggest that it 'is a tired book'. lt is also generally left out of discussions of Palmer's work in literary histories of Australian writing. Thus it is, for example, the only one of Palmer's major works not discussed by Ken Goodwin in his A History of Australian Literature. And, although they mention it, neither Peter Pierce in 'Literary Forms in Australian Literature' nor …


Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan Jan 1998

Political Power Of Nuisance Law: Labor Picketing And The Courts In Modern England, 1871-Present, The , Rachel Vorspan

Faculty Scholarship

This inquiry, a comprehensive historical study of the impact of nuisance law on labor picketing in England, comprises six sections. Part I introduces general principles of labor law and nuisance law in the nineteenth century, particularly the legislative scheme of "collective laissezfaire" that emerged after 1871 and remained relatively intact until 1980. Part II examines the use of nuisance doctrines against picketers in the first phase of confrontational picketing from 1889 to 1906, when the appearance of militant unions representing unskilled workers stimulated inventive judicial responses in both private and public nuisance. Part III investigates the much heralded judicial and …


Copyright Protectionism And Its Discontents: The Case Of James Joyce's Ulysses In America, Robert Spoo Jan 1998

Copyright Protectionism And Its Discontents: The Case Of James Joyce's Ulysses In America, Robert Spoo

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert Jan 1998

A Resource Theory Of The Criminal Law: Exploring When It Matters, Richard O. Lempert

Book Chapters

This paper might look very different had I been asked a sensible question. Instead, I was told that the focus of the program for which this paper was originally prepared was "Does law matter?" and that my particular assignment was to discuss the question of whether the criminal law mattered. Of course criminal law matters. One hardly need be a committed functionalist to conclude from the dense net of criminal laws that envelop modern societies that criminal law must matter or else we would not have so much of it or, conversely, because we have so much of it, it …