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Selected Works

1999

Selected Works

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Articles 1 - 30 of 159

Full-Text Articles in Law

Dominican Republic’S Disgrace, Laurel E. Fletcher Dec 1999

Dominican Republic’S Disgrace, Laurel E. Fletcher

Laurel E. Fletcher

No abstract provided.


Principled Adjudication: Tort Law And Beyond, Richard W. Wright Nov 1999

Principled Adjudication: Tort Law And Beyond, Richard W. Wright

Richard W. Wright

The article briefly discusses the impossibility of a strict formalist or positivist approach to legal adjudication and the necessity and plausibility of a principled approach, according to which it is necessary to resort, explicitly or implicitly, to the principles underlying the positive expressions or sources of law to identify, interpret and apply the law, in easy as well as hard cases. The legitimacy of the principled approach crucially depends on resort to the community's moral principles as embedded in the existing law -- those moral principles which best explain as much as possible of the existing law -- rather than …


Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh Nov 1999

Floating A University Website: If You're Going To Fish, Bring The Right Bait, Oscar T. Mcknight, Ronald Paugh

Oscar T McKnight Ph.D.

Visual and printed information desired by precollege students were examined using a cluster technique. Significant relationships between the ACT score and student preferences were found. Several recommendations are offered to assist college and university administrators integrate the research and interactivity of the Web into their overall marketing strategy.


Audiotaped Critiques Of Written Work, Elisabeth Keller Oct 1999

Audiotaped Critiques Of Written Work, Elisabeth Keller

Elisabeth Keller

No abstract provided.


Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum Oct 1999

Writing Labs: Commenting On Student Work-In-Progress, E. Joan Blum

E. Joan Blum

No abstract provided.


A User's Guide To Proposals To Replace The U.S. Tax System And Strangle Fiscal Policy, Neil H. Buchanan Aug 1999

A User's Guide To Proposals To Replace The U.S. Tax System And Strangle Fiscal Policy, Neil H. Buchanan

Neil H. Buchanan

This article reviews several familiar plans to alter the structure of taxation, including the flat tax, a VAT, and the USA Tax. With the significant exception of a simplified income tax system, every plan to replace the current U.S. federal tax system would move us in precisely the wrong direction. These plans would abandon income taxation entirely in an attempt to solve problems that do not exist, and they are based on a flawed ideal of a neutral tax code. The companion to these plans is an even more misguided set of proposals (some in the form of constitutional amendments) …


Awarding Costs And Attorneys’ Fees In International Commercial Arbitrations, John Y. Gotanda Jul 1999

Awarding Costs And Attorneys’ Fees In International Commercial Arbitrations, John Y. Gotanda

John Y Gotanda

No abstract provided.


Of Marriage And Monks, Community And Dialogue (Review Of John Witte Jr., From Sacrament To Contract: Marriage, Religion, And Law In The Western Tradition, 1997) (Invited), Patrick Mckinley Brennan Jul 1999

Of Marriage And Monks, Community And Dialogue (Review Of John Witte Jr., From Sacrament To Contract: Marriage, Religion, And Law In The Western Tradition, 1997) (Invited), Patrick Mckinley Brennan

Patrick McKinley Brennan

No abstract provided.


Commodifying Liability, Robert D. Cooter Jul 1999

Commodifying Liability, Robert D. Cooter

Robert Cooter

No abstract provided.


2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon Jul 1999

2. Are Battered Women Bad Mothers? Rethinking The Termination Of Abused Women’S Parental Rights For Failure To Protect., Thomas D. Lyon

Thomas D. Lyon

It is often stated that intervention on behalf of abused and neglected children is intended to protect the child rather than punish the parent.  This stance justifies a no-fault approach to child protection: If a child is being harmed and removal from the parents' custody is the only means to alleviate the harm, removal is justified. If reunification fails, regardless of whether the parent will not or cannot change, the termination of parental rights is justified. It matters not whether the parents acted to harm the child or failed to act to prevent harm. Nor does it matter whether the …


Http://Www.Supplements4lifetime.Com/Apx-Male-Enhancement/, Wysocki John Jul 1999

Http://Www.Supplements4lifetime.Com/Apx-Male-Enhancement/, Wysocki John

Wysocki john

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The Interaction Between The Perishable Agricultural Commodities Act And The Bankruptcy Code: Another Trap For The Unwary, C. Scott Pryor Jun 1999

The Interaction Between The Perishable Agricultural Commodities Act And The Bankruptcy Code: Another Trap For The Unwary, C. Scott Pryor

C. Scott Pryor

No abstract provided.


Mediation Training To Improve Police Social Interaction Skills, Christopher C. Cooper Jun 1999

Mediation Training To Improve Police Social Interaction Skills, Christopher C. Cooper

Christopher C. Cooper Dr.

MEDIATION TRAINING TO IMPROVE POLICE SOCIAL INTERACTION SKILLS. THE FEBRUARY SHOOTING DEATH OF AN UNARMED AFRICAN IMMIGRANT, AMADOU DIALLO, IN A HAIL OF 41 BULLETS FIRED BY FOUR WHITE NEW YORK CITY POLICE OFFICERS HAS FOCUSED ATTENTION ON MISTREATMENT OF PEOPLE OF COLOR BY POLICE NOT ONLY IN NEW YORK BUT THROUGHOUT THE UNITED STATES. WHETHER IT IS NEW YORK CITY OR KANASA CITY, I BELIEVE THAT WE AS ENTER INTO A NEW MILLENIUM , POLICE TRAINING NEEDS TO BE TAKEN TO THE NEXT LEVEL. IF PATROL POLICE OFFICERS INTERACT WITH CITIZENS USING MEDIATION SKILLS AND ADDRESS INTERPERSONAL DISPUTES USING …


The Erotics Of Virtue (Obituary Essay On Dominique Aury/Pauline Reage, Author Of Story Of O), Kenneth Anderson Jun 1999

The Erotics Of Virtue (Obituary Essay On Dominique Aury/Pauline Reage, Author Of Story Of O), Kenneth Anderson

Kenneth Anderson

This essay originally appeared in the LA Times book review as an obituary essay on Dominique Aury, author (under the name Pauline Reage) of the pornographic classic Story of O. The essay argues that Story of O is a fairy tale in which the heroine, O, seeks to escape from modernity's enforced virtues of equality, freedom, and choice into a world of the virtues of hierarchy - the eroticized analogues of religious submission. The novel is driven forward by a downward spiral in which O seeks to surrender herself to her masters and so escape from modernity's insistence on liberty …


Caveat Loquens: Let The Speaker Beware, William A. Herbert May 1999

Caveat Loquens: Let The Speaker Beware, William A. Herbert

William A. Herbert

This article discusses the gap between First Amendment expectations and realities with respect to the scope of protected speech in the public sector workplace. While it is highly unlikely that the courts will recognize a qualified immunity against adverse action for traditional First Amendment activities, the article highlights the difficulty that both public employers and employees face in trying to discern the scope and limitations of protections emanating from the First Amendment.


Filing Nationwide Perfectly Or Get With The Trend, Michael Spak Apr 1999

Filing Nationwide Perfectly Or Get With The Trend, Michael Spak

Michael Spak

No abstract provided.


Judges As Tort Law Un-Makers: Recent California Experience With "New" Torts, Stephen D. Sugarman Apr 1999

Judges As Tort Law Un-Makers: Recent California Experience With "New" Torts, Stephen D. Sugarman

Stephen D Sugarman

Part of the DePaul Law School's 1999 Clifford Symposium, this article explores the role of "judges as lawmakers" by examining the tort law decisions of the California Supreme Court for the past 15 years -- the final three years that Chief Justice Rose Bird sat on the court and the twelve years after she was removed from office. The article presents the sea change in tort law thinking, doctrine and results that have taken place over this period of time -- essentially through the abandonment of notions of enterprise liability (Calabresi thinking about cheaper cost avoiders and cheaper loss spreaders). …


Enforcement Of Settlement Contracts: The Problem Of The Attorney Agent, Grace M. Giesel Apr 1999

Enforcement Of Settlement Contracts: The Problem Of The Attorney Agent, Grace M. Giesel

Grace M. Giesel

The issue of the enforceability of settlement agreements entered into by an attorney on behalf of a client is the subject of much confusing judicial comment. this article urges a return to traditional agency concepts. While not widely accepted in the United States, the position that retention of an attorney creates authority should be viewed as a logical and viable position not inconsistent with other rules of law or ethics.


Moving From Criminal To Family Court, Gerald Lebovits Mar 1999

Moving From Criminal To Family Court, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


Https://Www.Supplementcyclopedia.Com/Vascular-X-Canada/, Patricia Lewis Mar 1999

Https://Www.Supplementcyclopedia.Com/Vascular-X-Canada/, Patricia Lewis

patricia lewis

When you bike, hand mini-computers really get all that much wanted regular bends around your muscles and in general shape. Tragically, many may contend about this, even so have witnessed it all when individuals draw in included and get results. Every day accept would be attempt it and watch for yourself.
 


The First Amendment Case Againt Fcc Ip Telephony Regulation [Comments], Tuan Samahon Feb 1999

The First Amendment Case Againt Fcc Ip Telephony Regulation [Comments], Tuan Samahon

Tuan Samahon

No abstract provided.


Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen Feb 1999

Our Nonuniform Constitution: Geographical Variations Of Constitutional Requirements In The Aid Of Community, Mark D. Rosen

Mark D. Rosen

This Article highlights an overlooked but integral aspect of American constitutional law: that some activities believed to be flatly unconstitutional are permissible in select locations. Contrary to what the Constitution has been construed to proscribe in most jurisdictions, for example, governments in some places in our country can ban political speeches by citizens, impose prior restraints with regard to petitions to government officials, and disallow defendants at risk of incarceration from having counsel. The Article brings together the case law that creates nonuniformity across geographical locations. It first explains the mechanics by which this "geographical constitutional nonuniformity" is generated and …


Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock Feb 1999

Growth Management And Western Water Law: From Oases To Archipelagos, A. Dan Tarlock

Dan Tarlock

No abstract provided.


The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock Feb 1999

The Creation Of New Risk Sharing Water Entitlement Regimes: The Case Of The Truckee-Carson Basin, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock Feb 1999

Can Cowboys Become Indians? Protecting Western Communities As Endangered Cultural Remnants, A. Dan Tarlock

Dan Tarlock

No abstract provided.


Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner Feb 1999

Does Incommensurability Matter? Incommensurability And Public Policy, Richard Warner

Richard Warner

No abstract provided.


Safeguarding The Heritage, Daniel R. Coquillette Feb 1999

Safeguarding The Heritage, Daniel R. Coquillette

Daniel R. Coquillette

No abstract provided.


Taxes, Saving, And Macroeconomics, Neil H. Buchanan Feb 1999

Taxes, Saving, And Macroeconomics, Neil H. Buchanan

Neil H. Buchanan

In response to increasing calls for policies to raise the U.S. saving rate, proposals are once again being offered in Congress to change the tax base from income to consumption. Beyond the important issues of income distribution (that is, outright unfairness) inherent in such a plan, it would simply not work. Indeed, it is based on a fundamental mismeasurement of what counts as saving in the U.S. economy. The logical sequence underlying this proposal is wrong at two crucial points: lowering or eliminating taxes on saving is unlikely to increase saving, and higher saving would be unlikely to increase investment …


International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Feb 1999

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.


The Internet Is Changing The Face Of American Law Schools, Henry H. Perritt Feb 1999

The Internet Is Changing The Face Of American Law Schools, Henry H. Perritt

Henry H. Perritt, Jr.

No abstract provided.