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Selected Works

1998

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Articles 91 - 120 of 153

Full-Text Articles in Law

The Uninsured Motorist Puzzle, Stephen D. Sugarman Dec 1997

The Uninsured Motorist Puzzle, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.


Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth Dec 1997

Trade Implications Of The Basel Convention Amendment Banning North-South Trade In Hazardous Wastes, David A. Wirth

David A. Wirth

No abstract provided.


Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin Dec 1997

Bonding And Flexibility: Employment Ordering In A Relationless Age, Thomas C. Kohler, Matthew Finkin

Thomas C. Kohler

No abstract provided.


Who Should Adopt Our Children?, Ruth-Arlene W. Howe, Randall Kennedy Dec 1997

Who Should Adopt Our Children?, Ruth-Arlene W. Howe, Randall Kennedy

Ruth-Arlene W. Howe

Is transracial adoption a form of "cultural genocide," as the National Association of Black Social Workers once claimed, or is it a healthy, hopeful solution for children trapped in a dysfunctional foster-care system? In this ESSENCE Dialogue, law professors Ruth-Arlene W. Howe of Boston College and Randall Kennedy of Harvard University grapple with an issue that affects thousands of our children's futures. Facilitated by Lise Funderburg.


Intro. To Post-Traumatic Culture, Kirby Farrell Dec 1997

Intro. To Post-Traumatic Culture, Kirby Farrell

kirby farrell

This is the Introduction to my POST-TRAUMATIC CULTURE: INJURY AND INTERPRETATION IN THE 90s. It develops the premise that trauma is psychophysiogical: an injury that is also an interpretation of an injury. Its analyses show the idea of trauma functioning as a tool that all sorts of people use for a range of purposes.


Commentary: The Case For Consumer Litigation, Alvin C. Harrell Dec 1997

Commentary: The Case For Consumer Litigation, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.


The Uncopyrightability Of Jokes, Allen Madison Dec 1997

The Uncopyrightability Of Jokes, Allen Madison

Allen Madison

This paper explains two foundational copyright doctrines, the scenes a faire doctrine and the merger doctrine. It illustrates the limiting effect these doctrines have on copyright protection for jokes.


Heteronormativity And The Federal Tax Code, Nancy J. Knauer Dec 1997

Heteronormativity And The Federal Tax Code, Nancy J. Knauer

Nancy J. Knauer

Proponents of same-sex marriage demand equal marriage rights as a matter of fundamental human dignity and as a means to gain certain legal benefits and protections. The ability to file joint federal income tax returns is invariably listed as one of the benefits associated with marriage. This outsider perspective contradicts the popular notion that the income tax is anti-marriage and offers a useful vantage point from which to analyze the marital provisions of the federal tax code, the treatment of the provisions in tax scholarship, and legislative proposals for "pro-family" tax reform. The joint filing provisions are just one example …


Locating Business Information, Lisa Smith-Butler Dec 1997

Locating Business Information, Lisa Smith-Butler

Lisa Smith-Butler

No abstract provided.


Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin Dec 1997

Recent Initiatives In Antitrust Enforcement, Aaron S. Edlin

Aaron Edlin

No abstract provided.


4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon Dec 1997

4. Reasoning About Moral Aspects Of Illness And Treatment By Preschoolers Who Are Healthy Or Have A Chronic Illness., Pamela M. Kato, Thomas D. Lyon

Thomas D. Lyon

Our study evaluates the moral reasoning skills of healthy and chronically ill 3 and 4 year olds with respect to illness and treatment, by use of an interview technique that reduces verbal demands on the child, We presented children with pairs of scenarios comparing ill characters with characters acting immorally and characters being punished, as well as with pairs of scenarios comparing treated characters with characters acting immorally and characters being punished. We asked children to point to the character who did something "naughty." With the exception of the chronically ill 3 year olds, the children performed consistently above chance …


The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen Dec 1997

The Danger Of Bootstrap Formalism In Copyright, Alfred C. Yen

Alfred C. Yen

No abstract provided.


From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley Dec 1997

From Horse Trading To Insider Trading: The Historical Antecedents Of The Insider Trading Debate, Paula J. Dalley

Paula J. Dalley

No abstract provided.


Discretion And The Rule Of Law In Federal Guidelines Sentencing: Developing Departure Jurisprudence In The Wake Of Koon V. United States, Barry L. Johnson Dec 1997

Discretion And The Rule Of Law In Federal Guidelines Sentencing: Developing Departure Jurisprudence In The Wake Of Koon V. United States, Barry L. Johnson

Barry L. Johnson

No abstract provided.


How Bad It Really Was Before World War Ii: Sovereignty, C. Blue Clark Dec 1997

How Bad It Really Was Before World War Ii: Sovereignty, C. Blue Clark

C. Blue Clark

No abstract provided.


The Unification Of Marketing And Assessment In Higher Education: A Model, Oscar T. Mcknight, Ronald Paugh Dec 1997

The Unification Of Marketing And Assessment In Higher Education: A Model, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

A marketing assessment model that includes university outcome measures is presented. The model incorporates consumer expectations theory and marketing strategy. Findings indicate that student expectations vary among the undergraduate population. Marketing implications for student recruitment and retention efforts are offered


Merging Retention And Financial Aid In Enrollment Management By Market Segmentation, Oscar T. Mcknight, Ronald P Dec 1997

Merging Retention And Financial Aid In Enrollment Management By Market Segmentation, Oscar T. Mcknight, Ronald P

Oscar T McKnight Ph.D.

High school GPA, ACT score, academic effort, and financial need in predicting student retention risk are examined. The objective is to merge retention risk with financial aid and to explore the options available to the university. Financial aid leveraging is discussed in terms of product fit and positioning strategies


A Comparison Of Likert Response Formats In Student Affairs: The Abc's Of Assessment, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann Dec 1997

A Comparison Of Likert Response Formats In Student Affairs: The Abc's Of Assessment, Oscar T. Mcknight, Robin W. Gagnow, Sue Heimann

Oscar T McKnight Ph.D.

No abstract provided.


Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Dec 1997

Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff

Ray D. Madoff

In this Article, Professor Madoff explores the ways in which the blunt tools of the wealth tax, and in particular the estate tax, uses a one-size-fits-all system to impose a tax on all property interests owned at the time of one’s death. Professor Madoff illustrates the ways in which these blunt tools can produce problematic results by examining their application to the right of publicity, a newly recognized property interest. Professor Madoff suggests that the imposition of the estate tax can force the commodification of an individual’s identity, regardless of one’s desire to refrain from marketing their identity, and explores …


Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha Dec 1997

Dalla Simbologia Giuridica A Una Filosofia Giuridica E Politica Simbolica ? Ovvero Il Diritto E I Sensi, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

La prima conseguenza della nostra cultura giuridica dell'audizione che è anche cultura dell'oralità, del discorso e della scrittura (di tutto ciò che serve per parlare e fissare quello che può essere detto) è la volontaria atrofia degli altri sensi: il tatto, il gusto, l'olfatto e la vista. Il Diritto quasi non tocca le cose. Le concepisce mentalmente, le dice, però, anche se con i guanti deve toccare il corpo del delitto.


President's Inaugural Session Speech At The 95th Regular Meeting Of The Inter-American Commission On Human Rights (In English And Spanish), Claudio M. Grossman Dec 1997

President's Inaugural Session Speech At The 95th Regular Meeting Of The Inter-American Commission On Human Rights (In English And Spanish), Claudio M. Grossman

Claudio M. Grossman

It is traditional that upon the opening of a regular meeting of the Commission, its Chairman takes the opportunity to reflect on the activities that have taken place during the year he has presided over the Commission. I would like
to continue this tradition, and I would also like to take the opportunity to make some brief reflections about the future of the system and the challenges we have before us.

Concerning the activities of the Commission, and to make them better understood, let me identify the specific areas of action of the Inter-American Commission on Human Rights (IACHR). First, …


Inexistencia Y Nulidad Desde El Punto De Vista De Los Derechos Italiano, Español Y Peruano, Rómulo Morales Dec 1997

Inexistencia Y Nulidad Desde El Punto De Vista De Los Derechos Italiano, Español Y Peruano, Rómulo Morales

Rómulo Martín Morales Hervias

El tema de análisis comparativo es la inexistencia y la nulidad del negocio jurídico. En Italia se propuso tal distinción para solucionar problemas en el tráfico jurídico. En España, la discusión tiene trascendencia restringida. Y en el Perú, la discusión quedó aparentemente terminada con la idea de la admisión legislativa de la nulidad virtual.


Photon Gas Thermodynamics: Self-Inconsistency, Milan Meszaros Dec 1997

Photon Gas Thermodynamics: Self-Inconsistency, Milan Meszaros

Milan Meszaros physicist

In this chapter, it is shown that the well known adiabatic equations of state of photon gas cannot be valid simultaneously. Moreover, it is argued that Planck distribution just as the Wien and Rayleigh-Jeans laws cannot be invariant for an adiabatic change of state occuring in an ensemble of photons -a photon gas- and novel type of ultraviolet catastrophe occurs. These arguments are also valid for arbitrary deformation of electromagnetic radiation fields and quantum plasmas.


À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani Dec 1997

À Propos D’Instruments Protecteurs De La Liberté De Contracter Valablement Dans La Jurisprudence Italienne, Mauro Bussani

Mauro Bussani

The paper analyzes Italian contract law with regard to the remedies available to the party who enters into an invalid agreement. The article focuses on how Italian courts have so far interpreted the rules laid down in the civil code, the doctrines developed by scholars alongside these rules, and the actual meaning of the notion of fault when applied to these cases.


Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid Dec 1997

Administrative Law Progress In 1997: Selected Pennsylvania Supreme Court Decisions Involving Constitutional And Administrative Decisions, John L. Gedid

John L. Gedid

No abstract provided.


Effective Administration Of Justice In Nigeria, Ovunda V. C. Okene Phd Dec 1997

Effective Administration Of Justice In Nigeria, Ovunda V. C. Okene Phd

Prof. O. V. C. OKene

No abstract provided.


Exploring The Concept Of Post-Tenure Review In Law Schools, Ira P. Robbins Dec 1997

Exploring The Concept Of Post-Tenure Review In Law Schools, Ira P. Robbins

Ira P. Robbins

Introduction: Faculty in American law schools and universities often view the award of tenure as an inviolate guarantee of job security.' From this perspective, any attempt to monitor the level and quality of a tenured professor's work infringes on academic freedom. Recently, however, academics have argued that shielding the performance of tenured faculty from serious review potentially may be a disservice to the academic institution. Critics complain that schools sacrifice professional accountability when deficient performance goes undetected and uncorrected.


Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul R. Williams Dec 1997

Creating International Space For Taiwan: The Law And Politics Of Recognition, Paul R. Williams

Paul Williams

Is Taiwan an entity with an international legal personality entitling it to a certain degree of international space? Or is it an integral political unit of China? The task of this presentation is to analyze the potential legal and political reaction to an attempt by Taiwan to move its current status over the cusp and into the realm of independence, or an alternative attempt by China to back down Taiwan into a one China with the one system policy.


Overview Of The Fair Debt Collection Practices Act After The 1996 Revisions - Time For Another Change?, Alvin C. Harrell Dec 1997

Overview Of The Fair Debt Collection Practices Act After The 1996 Revisions - Time For Another Change?, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.


A Case Study In Bankruptcy Abuse, Alvin C. Harrell Dec 1997

A Case Study In Bankruptcy Abuse, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.