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2000

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Articles 91 - 120 of 133

Full-Text Articles in Law

Australia On The Small Screen 1970-1995: The Complete Guide To Tele-Features And Mini-Series (Book Review), Margaret Nixon Jan 2000

Australia On The Small Screen 1970-1995: The Complete Guide To Tele-Features And Mini-Series (Book Review), Margaret Nixon

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

Book review of: Australia on the Small Screen 1970-1995: The Complete Guide to Tele-Features and Mini-Series by Scott Murray. Melbourne: Oxford University Press, 1996. Pp.248; index. £14.99 (paperback). ISBN 0 195 53949 4


Convivial Media, Brian Martin, Wendy Varney Jan 2000

Convivial Media, Brian Martin, Wendy Varney

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

The Net has been used in numerous episodes of people's action in varying ways, from straightforward communication to Website blockades and sabotage. Here we look briefly at two Net campaigns: the campaign against the Multilateral Agreement on Investment (MAI) and the ongoing Net campaign in support of the Zapatistas in Mexico. These case studies help provide insight into features of "convivial media" that activists should be using and promoting.


Renewing Cultural Studies, Philip Marshall Jan 2000

Renewing Cultural Studies, Philip Marshall

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

Renew is an awkward word. Its prefix seems to make its idea of something 'new' impossible. And everyday experience further underlines the contradiction. My first memory of using the word 'renew' was related to the anxiety of library overdue books: renewing those books was a pragmatic way to avoid the impending fines.

This is a useful starting point for pondering any cultural moment of renewal. Renew describes the impetus towards change while acknowledging the past's weighted effect on producing any transformation. It articulates a challenged continuity rather than a break or discontinuity with a particular past. Where I would like …


Defamation Havens, Brian Martin Jan 2000

Defamation Havens, Brian Martin

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

Defamation law is frequently used to suppress free speech. The Internet provides a means to challenge this. A country without laws against defamation could become a "defamation haven" by providing Web sites and publication assistance. A more immediate alternative is reproducing material on multiple Web sites, thus creating a "virtual defamation haven." Struggles over defamation on the Internet illustrate the way media forms are influencing free speech battles.


Threats To Democracy: Conference Proceedings: The Corporate Assault On Democracy., S. Beder Jan 2000

Threats To Democracy: Conference Proceedings: The Corporate Assault On Democracy., S. Beder

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

Thank you for inviting me. The issue in the news at the moment, of course, is the Laws-Jones Affair and ‘Cash for Comment’. But what I would like to point out is that this is just the tip of the iceberg of what’s going on in our society. The corporations are not just using journalists to put forward the corporate point of view but they are using every institution of our society. They are using universities, schools, think tanks, and research institutes–anyone they can get who is willing to put the corporate point of view–rather than be up-front and put …


Garantías Mercantiles Del Crédito Y Democracia: Un Estudio Doctrinal, Luis Gomez Romero Jan 2000

Garantías Mercantiles Del Crédito Y Democracia: Un Estudio Doctrinal, Luis Gomez Romero

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

Introduccion; I. El credito y su garantia desde la perspec-tiva economica; II. Las garantias del credito frente a los principios de igualdad juridica y justicia social; III. El caracter instrumental de la garantia en el marco de la Teoria General del Derecho; IV. Dos visiones de las garantias del credito: cumplimiento efectivo vs. cumplimiento optico; V. Las garantias del credito frente al acceso a la justicia; VI. La ejecucion de las garantias del credito y los principios del debido proceso; Epilogo; Bibliografia.


Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr. Jan 2000

Equality And Affiliation As Bases Of Ethical Responsibility, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


Pro-Activity, Partnership And Prevention: The Uk Contribution To Policing Organised Crime In Europe, Clive Harfield Jan 2000

Pro-Activity, Partnership And Prevention: The Uk Contribution To Policing Organised Crime In Europe, Clive Harfield

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

Whatever the outcome of political initiatives within the European Union (EU) and other European states regarding closer integration of political and economic institutions, there has long been evident an increasing integration and cooperation amongst the higher echelon of criminals across the continent.1 Whether or not the EU expands its membership, refines its constitution, harmonises the laws of Member States or even disintegrates, law enforcement agencies across Europe will continue to have to deal with the significant threat posed to national and global infrastructures by the free market of organised crime (Fiorentini & Peltzman, 1995; see also Williams, 1998: 265-8). This …


Research Grants: Problems And Options, Brian Martin Jan 2000

Research Grants: Problems And Options, Brian Martin

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

Researchers often complain about research grant schemes, but usually within a narrow frame of reference. Looking more broadly, problems with grant schemes can be classified as bias, waste, discouragement and orientation to interests. There are various ways to allocate research funds, including administrative decision, peer review, performance-based allocation, equality and community-based bids. Each has different sorts of problems and serves different interests. By looking at diverse systems for allocating research funds, some of the assumptions underlying usual discussions become more apparent. Recent changes in Australian government policy on higher education research are examined using the framework provided here.


Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar Jan 2000

Satellite-Based Vessel Monitoring Systems International Legal Aspects & Developments In State Practice, Ben M. Tsamenyi, Erik Jaap Molenaar

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

No abstract provided.


"Merciless Indian Savages" And The Declaration Of Independence: Native Americans Translate The Ecunnaunuxulgee Document, John R. Wunder Jan 2000

"Merciless Indian Savages" And The Declaration Of Independence: Native Americans Translate The Ecunnaunuxulgee Document, John R. Wunder

American Indian Law Review

No abstract provided.


Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein Jan 2000

Religion/Religions In The United States: Changing Perspectives And Prospects, Stephen J. Stein

Indiana Law Journal

Symposium: Religious Liberty at the Dawn of a New Millennium held at Indiana University School of Law-Bloomington on April 9, 1999.


"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin Jan 2000

"Bad For Business": Contextual Analysis, Race Discrimination, And Fast Food, Regina Austin

All Faculty Scholarship

No abstract provided.


A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang Jan 2000

A Liberal Theory Of Social Welfare: Fairness, Utility, And The Pareto Principle, Howard F. Chang

All Faculty Scholarship

No abstract provided.


Positivism And The Notion Of An Offense, Claire Oakes Finkelstein Jan 2000

Positivism And The Notion Of An Offense, Claire Oakes Finkelstein

All Faculty Scholarship

While the United States Supreme Court has developed an elaborate constitutional jurisprudence of criminal procedure, it has articulated few constitutional doctrines of the substantive criminal law. The asymmetry between substance and procedure seems natural given the demise of Lochner and the minimalist stance towards due process outside the area of fundamental rights. This Article, however, argues that the "positivistic" approach to defining criminal offenses stands in some tension with other basic principles, both constitutional and moral. In particular, two important constitutional guarantees depend on the notion of an offense: the presumption of innocence and the ban on double jeopardy. Under …


When The Rule Swallows The Exception, Claire Oakes Finkelstein Jan 2000

When The Rule Swallows The Exception, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen Jan 2000

Privacy-As-Data Control: Conceptual, Practical, And Moral Limits Of The Paradigm, Anita L. Allen

All Faculty Scholarship

No abstract provided.


Bootlegging And The Borderlands: Canadians, Americans, And The Prohibition -Era Northwest, Stephen T. Moore Jan 2000

Bootlegging And The Borderlands: Canadians, Americans, And The Prohibition -Era Northwest, Stephen T. Moore

Dissertations, Theses, and Masters Projects

Between 1920 and 1933, no issue in Canadian-American relations proved more contentious or more intractable than prohibition. While American enforcement authorities and diplomats repeatedly sought the assistance of the Dominion government to stop the flow of liquor across the border, not until 1933 did Canada acquiesce to American requests. In the meantime, Canadian brewers, distillers, rumrunners, and bootleggers were more than happy to assuage the parched throats of their American neighbors.;By examining the geographic, historical, political, economic, social, and cultural fabric of the bilateral relationship in the Pacific Northwest borderlands, this study takes a regional approach to explain the intractability …


Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr. Jan 2000

Changing Structure In The Practice Of Law, Geoffrey C. Hazard Jr.

All Faculty Scholarship

No abstract provided.


States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve Jan 2000

States' Rights In The Twenty-First Century, Jay Tidmarsh, Mark Racicot, Robert Miller, Michael Greve

Journal Articles

My name is Jim Schueller and I'm the Symposium Editor of the Law School Journal of Legislation and every two years we organize a symposium to discuss relevant issue of public policy and the topic this year is States Rights in the 21st Century.

Well, way back in the 18th century when the framers drafted the Constitution they created a unique system of governing where power was shared between the states which already existed and the newly created federal government. The framers in their day debated the proper allocation of power between these two governments and today, two hundred eleven …


The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts Jan 2000

The Moral Exclusivity Of The New Civil Society, Dorothy E. Roberts

All Faculty Scholarship

No abstract provided.


The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts Jan 2000

The Complicated Ingredients Of Wisdom And Leadership, Michael A. Fitts

All Faculty Scholarship

No abstract provided.


More's Skill, Thomas L. Shaffer Jan 2000

More's Skill, Thomas L. Shaffer

Journal Articles

Robert Bolt chose a phrase from a sixteenth century poet named Robert Whittinton for the title of his modem play about Thomas More: "[A] man of an angel's wit and singular learning; I know not his fellow. For where is the man of that gentleness, lowliness, and affability? And as time requireth a man of marvellous mirth and pastimes; and sometimes of as sad gravity: a man for all seasons."

Bolt's title suggests that he took a gamble on the possibility that More would have modern, universal appeal. I have been interested in how that gamble worked out. If you …


Rationality And Responsibility, Stephen J. Morse Jan 2000

Rationality And Responsibility, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Inefficiency Of Mens Rea, Claire Oakes Finkelstein Jan 2000

The Inefficiency Of Mens Rea, Claire Oakes Finkelstein

All Faculty Scholarship

No abstract provided.


Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz Jan 2000

Why The Successful Assassin Is More Wicked Than The Unseccessful One, Leo Katz

All Faculty Scholarship

No abstract provided.


The Moral Metaphysics Of Causation And Results, Stephen J. Morse Jan 2000

The Moral Metaphysics Of Causation And Results, Stephen J. Morse

All Faculty Scholarship

No abstract provided.


The Possibility Of A Fair Paretian, Howard F. Chang Jan 2000

The Possibility Of A Fair Paretian, Howard F. Chang

All Faculty Scholarship

No abstract provided.


Perceiving Imperceptible Harms (With Other Thoughts On Transitivity, Cumulative Effects, And Consequentialism), Donald H. Regan Jan 2000

Perceiving Imperceptible Harms (With Other Thoughts On Transitivity, Cumulative Effects, And Consequentialism), Donald H. Regan

Book Chapters

Many writers believe there can be cases which satisfy the following description: starting from an initial state of affairs, it is possible to make a series of changes, none of which alters the value of the state of affairs in any way, but such that the final state of affairs that results from the series of changes is worse than the initial state of affairs. I shall call the claim that there can be such cases the "ex nihilo" claim, since in a sense it asserts that the bad effects of the complete series of changes arise ex nihilo. Proponents …


Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers Jan 2000

Couples: Marriage, Civil Union, And Domestic Partnership, David L. Chambers

Book Chapters

In this country, during the last decades of the twentieth century, thousands of lesbians married other women and thousands of gay men married other men. Many of these couples recited traditional vows in churches and synagogues. Others have pledged to each other in their own backyards in words that they wrote themselves. But not one of these thousands of solemn occasions was recognized as creating a legally valid marriage. In the United States, each state has its own statute defining who can marry, and as far as the states were concerned, these couples were playing dress up. One state has …