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1997

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Articles 121 - 140 of 140

Full-Text Articles in Law

The Peb Study Group Report And Revised Article 9 With Respect To Certificate Of Title Issues, Alvin C. Harrell Dec 1996

The Peb Study Group Report And Revised Article 9 With Respect To Certificate Of Title Issues, Alvin C. Harrell

Alvin C. Harrell

No abstract provided.


General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim Dec 1996

General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim

Chin Leng Lim

Treaties and custom are generally regarded as the major sources of international law. They derive their validity more or less directly from the consent of those subjects of the law which also possess the institutional authority to make law. The perceived limitations of the consensual nature of these two sources have resulted in doctrinal controversy concerning, inter alia, the existence of sources of international law which are not essentially consensual. This is the rationale for the inclusion of general principles of law recognised by civilised nations alongside treaties and customary international law in Article 38 of the Statute of the …


Plaintiffs' Opposition To [Defendants'] Motion For Summary Judgment (With Co-Counsel And Students), California Attorneys For Criminal Justice V. Butts, Cv 95-8634 (C.D. Cal.) (1997), Charles D. Weisselberg Dec 1996

Plaintiffs' Opposition To [Defendants'] Motion For Summary Judgment (With Co-Counsel And Students), California Attorneys For Criminal Justice V. Butts, Cv 95-8634 (C.D. Cal.) (1997), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Traverse Of Answer To Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), Dyas V. Poole, No. Cv-97-07530 (C.D. Cal.) (1998), Charles D. Weisselberg Dec 1996

Traverse Of Answer To Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), Dyas V. Poole, No. Cv-97-07530 (C.D. Cal.) (1998), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Memorandum Of Points And Authorities In Support Of Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), Dyas V. Poole, No. Cv-97-07530 (C.D. Cal.) (1997), Charles D. Weisselberg Dec 1996

Memorandum Of Points And Authorities In Support Of Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), Dyas V. Poole, No. Cv-97-07530 (C.D. Cal.) (1997), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Plaintiffs' Memorandum Of Points And Authorities In Support Of Summary Judgment (With Co-Counsel And Students), California Attorneys For Criminal Justice V. Butts, Cv 95-8634 (C.D. Cal.) (1997), Charles D. Weisselberg Dec 1996

Plaintiffs' Memorandum Of Points And Authorities In Support Of Summary Judgment (With Co-Counsel And Students), California Attorneys For Criminal Justice V. Butts, Cv 95-8634 (C.D. Cal.) (1997), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), In Re Dyas , Cr 13649 (Riverside Co., Cal.) (1997), Charles D. Weisselberg Dec 1996

Petition For Writ Of Habeas Corpus (With Co-Counsel And Students), In Re Dyas , Cr 13649 (Riverside Co., Cal.) (1997), Charles D. Weisselberg

Charles D Weisselberg

No abstract provided.


Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom E. Simmons Dec 1996

Highways, Hunters, And Section Lines: Tension Between Public Access And Private Rights, Tom E. Simmons

Thomas E. Simmons

No abstract provided.


A Better Way To Make State Legal Ethics Opinions, Lawrence K. Hellman Dec 1996

A Better Way To Make State Legal Ethics Opinions, Lawrence K. Hellman

Lawrence K. Hellman

No abstract provided.


The Other Side Of The Coin: Implications For Policy Formation In The Law Of Judicial Interpretation. Book Note: A Review Of A Matter Of Interpretation: Federal Courts And The Law By Antonin Scalia, Donald J. Kochan Dec 1996

The Other Side Of The Coin: Implications For Policy Formation In The Law Of Judicial Interpretation. Book Note: A Review Of A Matter Of Interpretation: Federal Courts And The Law By Antonin Scalia, Donald J. Kochan

Donald J. Kochan

Justice Scalia defends textualism as the only form of interpretation that should govern judicial interpretation of statutes and the Constitution. The book begins with an essay by Justice Scalia establishing the framework of his interpretive model and arguing that his model is mandated to achieve institutional legitimacy in a constitutional system of separated powers and for the protection of democracy. Comments to this essay follow from four distinguished scholars. Each comment is addressed in the final pages by a response from Justice Scalia. This Article presents an overview of Justice Scalia's argument, the arguments embodied in the comments, and discusses …


United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii.Pdf, Candace Kovacic-Fleischer Dec 1996

United States. V. Virginia New Gender Equal Protection Analysis With Ramifications For Pregnancy, Parenting And Title Vii.Pdf, Candace Kovacic-Fleischer

Candace Kovacic-Fleischer

ABSTRACT: In this Article, Professor Kovacic-Fleischer argues that the Supreme Court's recent decision in United States v. Virginia raises gender equal protection analysis to the level of strict scrutiny. Professor Kovacic-Fleischer asserts that the Court's refusal to accept as immutable VMI's single-sex institutional design, and the Court's requirement that VMT make adjustments and alterations that will enable qualified women to undertake VM's curriculum evidences this shift in gender equal protection analysis. Professor Kovacic-Fleischer then turns to the significance of the Court's citation to California Federal Savings & Loan Association v. Guerra. She asserts that this citation indicates that the Court …


Children In A Landscape (Poem), Frank Pommersheim Dec 1996

Children In A Landscape (Poem), Frank Pommersheim

Frank Pommersheim

No abstract provided.


The Effects Of The Fiscal Deficit On The Composition Of U.S. Gdp: An Analysis Of Disaggregated Data, Neil H. Buchanan Dec 1996

The Effects Of The Fiscal Deficit On The Composition Of U.S. Gdp: An Analysis Of Disaggregated Data, Neil H. Buchanan

Neil H. Buchanan

The impact of the federal budget deficit on the economy is a source of continuing concern, both among macroeconomists and - even more urgently - among political decision makers. The old Keynesian consensus that budget deficits were generally good for the economy, in the sense of making it more prosperous (or, at least, in bringing it out of recessions), has been pushed aside by the fear that the apparently-large deficits that began in the 1980s in the United State have damaged the economy and are impoverishing future generations of Americans. The continuing debate over whether fiscal deficits make us better …


Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon Dec 1996

Saving Failed States: Sometimes A Neocolonialist Notion, Ruth Gordon

Ruth Gordon

No abstract provided.


Pomobabble: Postmodern Newspeak And Constitutional Meaning For The Uninitiated, Dennis W. Arrow Dec 1996

Pomobabble: Postmodern Newspeak And Constitutional Meaning For The Uninitiated, Dennis W. Arrow

Dennis W. Arrow

No abstract provided.


Reclaiming The Law Of Suretyship, Barlow F. Burke Dec 1996

Reclaiming The Law Of Suretyship, Barlow F. Burke

Barlow F. Burke

Business firms, including miners and mining companies, seek to prevent
loss in various ways. When their assets are real property, a mortgage may
provide collateral or other security for their activities. As security for a debt, a mortgage is only an effective remedy when it enables the creditor, such as a bank or other lender, to declare a default, seize the title in a foreclosure action, and then use the property to satisfy the mortgage
debt. The Latin word for security was securitas, translated as sponsor. The idea
of a mortgage lien or a security is that the property itself …


Small Claims President's Message, Gerald Lebovits Dec 1996

Small Claims President's Message, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.


'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware Dec 1996

'Opt-In' For Judicial Review Of Errors Of Law Under The Revised Uniform Arbitration Act, Stephen Ware

Stephen Ware

The Uniform Arbitration Act is one of the most successful uniform laws. It has been enacted in 35 states and 14 other jurisdictions have substantially similar statutes. Originally enacted in 1955, the Uniform Arbitration Act is now being revised for the first time. The current draft of the Revised Uniform Arbitration Act contains a number of changes from the original. While most of these changes are minor, one is of great conceptual significance. That is the provision, currently Section 19(b), allowing parties to 'opt-in' for judicial review of arbitrators' legal rulings.

A number of concerns have been expressed about this …


The Remoteness That Betrays Desire, Kenneth Anderson Dec 1996

The Remoteness That Betrays Desire, Kenneth Anderson

Kenneth Anderson

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …


Perfiles Comparativos Sobre La Responsabilidad Civil. La Culpa Al Servicio De Los Débiles, Mauro Bussani Dec 1996

Perfiles Comparativos Sobre La Responsabilidad Civil. La Culpa Al Servicio De Los Débiles, Mauro Bussani

Mauro Bussani

The purpose of this essay is to present and challenge a cherished tenet of the Western negligence law. This is the idea according to which every person’s behavior should conform to the standard of care expected of the so-called ‘reasonable person’ endowed with conventional knowledge, average musculature, normal reactions, commonplace skills, and ordinary intelligence and memory. In particular, the paper: (i) discusses the flaws of this standard when applied to persons who are weaker than the average, i.e. minors, the elderly, and those who suffer from a psychological disability; and (ii) shows how several functions traditionally attributed to the general …