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1997

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Institution
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Articles 6931 - 6960 of 6996

Full-Text Articles in Law

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman Dec 1996

From Premodern To Modern American Jurisprudence: The Onset Of Positivism, Stephen M. Feldman

Stephen M. Feldman

This article explains the crucial differences between premodernism and modernism. A distinctive feature of premodernism was an abiding faith in nature or God as a stable and foundational source of meaning and value. When premodernism gave way to modernism, the commitment to foundationalism remained intact. Modernists believed that knowledge must be firmly grounded on an objective foundation. A crucial distinction between modernism and premodernism, however, lay in their respective ideas of foundations. Whereas premodernists readily accepted God and nature as foundational sources for value and knowledge, modernists rejected religious, natural, and other traditional footings and searched for some alternative foundation. …

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The "F" Word Tribute To Professor Marjorie Downing, Vicki Lawrence Macdougall Dec 1996

The "F" Word Tribute To Professor Marjorie Downing, Vicki Lawrence Macdougall

Vicki Lawrence MacDougall

No abstract provided.

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Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza Dec 1996

Embracing The Tar Baby: Latcrit Theory And The Sticky Mess Of Race, Angela P. Harris, Leslie Espinoza

Angela P Harris

No abstract provided.

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The Constitutionality Of Holiday Displays On Public Property (Or How The Court Stole Christmas), Andrew C. Spiropoulos Dec 1996

The Constitutionality Of Holiday Displays On Public Property (Or How The Court Stole Christmas), Andrew C. Spiropoulos

Andrew C. Spiropoulos

No abstract provided.

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The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, Pedro A. Malavet Dec 1996

The Non-Adversarial, Extra-Judicial Search For Legality And Truth: Foreign Notarial Transactions As An Inexpensive And Reliable Model For A Market-Driven System Of Informed Contracting And Fact-Determination, Pedro A. Malavet

Pedro A. Malavet

Notarial transactions are specialized contracts, which in most of the world are written and certified by a legal professional known as a notary, who obviously is not the U.S. notary public. These, in effect, lawyers, practice a liberal profession so endowed of the public trust that they are expressly made alternatives to judicial proceedings. Hence, the notarial form is an extra-judicial certification of legality and truth, often comparable to our court judgments. This system guarantees honesty and legality while avoiding or resolving disputes, at a very low cost, when compared to American law practice and certainly when compared to litigation.

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Building A Professional Community, Nancy Schultz Dec 1996

Building A Professional Community, Nancy Schultz

Nancy Schultz

We hear much talk about the lack of professionalism among lawyers and law students, and what should be done about it. This paper posits the idea that a truly professional community needs to be built from the ground up, out of a shared sense of community values.

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The Prospect Of A President Incarcerated, Scott W. Howe Dec 1996

The Prospect Of A President Incarcerated, Scott W. Howe

Scott W. Howe

This article addresses the thorny question of whether a President can be criminally prosecuted while in office or whether prosecution must await his or her departure. The piece appeared as part of a symposium of articles that focused on that issue. The authors of the other articles were Akhil Reed Amar, Brian C. Kalt, Erwin Chemerinsky, Terry Eastland, Jay S. Bybee and Eric Freedman. The conclusions of the various authors made clear that scholars are divided over whether Section 3 of Article I implies that impeachment must precede any criminal prosecution and over whether the articulation of presidential power in …

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Two School-Finance Roles For The Federal Government: Promoting Equality And Choice, Stephen D. Sugarman Dec 1996

Two School-Finance Roles For The Federal Government: Promoting Equality And Choice, Stephen D. Sugarman

Stephen D Sugarman

No abstract provided.

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Introductory Note To Decisions 36 Through 42 And Associated Panel Reports Of The United Nations Compensation Commission, David D. Caron Dec 1996

Introductory Note To Decisions 36 Through 42 And Associated Panel Reports Of The United Nations Compensation Commission, David D. Caron

David D. Caron

No abstract provided.

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Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell Dec 1996

Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell

Ty Twibell



This Article has been one of the most cited papers on Space Law for almost 20 years and remains valid until today. It was one of the most requested articles in the UMKC Law Review near the time it was published and has been used in classroom study in graduate level international and legal courses. This Note advocates legal change to promote commercial space activity. Space industrialization and commercialization offer immeasurable economic and humanitarian rewards unrealized by the average person or lawyer. The space industry was already a multi-billion dollar industry 20 years ago when this article was initially written.  …

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Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell Dec 1996

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell

Ty Twibell

This article addresses the potential implications of CISG implementation in Islamic forums. Article 78 provides the focal point for this analysis because it awards parties interest in damages whereas Islamic law, or al Shari'a, explicitly forbids interest. Although this article discusses Shari'a on a micro-level as it analyzes the particular issue of interest, Article 78, and the immediate reality of western lawyers more frequently coming into contact with Islamic forums, it also brings to the surface the macro-concern of alleviating misunderstandings between the Western and the Arab Worlds in the process. The study of Shari'a's impact on CISG implementation is …

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Circumnavigating International Space Law, Ty Twibell Dec 1996

Circumnavigating International Space Law, Ty Twibell

Ty Twibell



Space industrial development has many difficulties; however, many of the difficulties are legal obstacles. The author has asserted that international space law presently hinders the commercial development of outer space, and thus, requires legal change. Vigorous space commercial development is crucial, however, not for intellectual development alone. It offers massive economic, medical, industrial, and humanitarian rewards. Better vaccines and antibiotics can be produced in space in far greater quantities than on earth. Mining the moons, asteroids, and comets provides answers to future energy depletion and would provide enormously less expensive construction of spacecraft and colonies than launching from Earth. Apace …

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Project Financing Y Fideicomiso. El Rol Del Fiduciario En El Fideicomiso De Garantía, Martin Paolantonio Dec 1996

Project Financing Y Fideicomiso. El Rol Del Fiduciario En El Fideicomiso De Garantía, Martin Paolantonio

Martin Paolantonio

Aplicación del fideicomiso de garantía en la financiación de proyectos, y análisis de las facultades del fiduciario en caso de incumplimiento o default

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Territorial Restrictions In Vertical Relations, Hans Henrik Lidgard Dec 1996

Territorial Restrictions In Vertical Relations, Hans Henrik Lidgard

Hans Henrik Lidgard

No abstract provided.

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Scenes From The Southside: A Desegregation Drama In Five Acts, Jennifer E. Spreng Dec 1996

Scenes From The Southside: A Desegregation Drama In Five Acts, Jennifer E. Spreng

Jennifer E Spreng

No abstract provided.

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Due Process And The Ohio Administrative Procedure Act: The Central Panel Proposal, Chris Mcneil Dec 1996

Due Process And The Ohio Administrative Procedure Act: The Central Panel Proposal, Chris Mcneil

Christopher B. McNeil, J.D., Ph.D.

No abstract provided.

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The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson Dec 1996

The Curious Case Of Disappearing Federal Jurisdiction Over Federal Enforcement Of Federal Law: A Vehicle For Reassessment Of The Tribal Exhaustion/Abstention Doctrine, Blake A. Watson

Blake A Watson

The Article discusses the tribal exhaustion/abstention doctrine set forth in National Farmers Union Ins. Companies v. Crow Tribe, 471 U.S. 845 (1985) and Iowa Mutual Ins. Co. v. LaPlante, 480 U.S. 9 (1987).

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The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating Dec 1996

The Idea Of Fairness In The Law Of Enterprise Liability, Gregory C. Keating

Gregory C. Keating

The theory and practice of enterprise liability are oddly disjoined. On the one hand, case rhetoric insists that considerations of fairness are among the primary justifications for imposing enterprise liability. On the other hand, normatively inclined and theoretically ambitious scholarship on enterprise liability is overwhelmingly economic in cast. Economically inclined scholars have flocked to the field, while other kinds of tort theorists have shunned it, implicitly or explicitly conceding it to economic analysis. This paper argues that, contrary to this consensus, there is a powerful and important fairness case to be made for enterprise liability. This case fits the rhetoric …

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Questioning Commodification, (Review Of Margaret J. Radin, "Contested Commodities," Harvard University Press, 1996), Marjorie M. Shultz Dec 1996

Questioning Commodification, (Review Of Margaret J. Radin, "Contested Commodities," Harvard University Press, 1996), Marjorie M. Shultz

Marjorie M. Shultz

No abstract provided.

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Body Science, Lori B. Andrews Dec 1996

Body Science, Lori B. Andrews

Lori B. Andrews

No abstract provided.

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Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows Dec 1996

Warranties Of Title, Foreclosure, Sales And The Proposed Revision Of U.C.C. §9-504: Has The Pendulum Swung Too Far?, Robyn L. Meadows

Robyn L Meadows

No abstract provided.

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Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski Dec 1996

Statements Against Interest, Reliability, And The Confrontation Clause, John J. Capowski

John J. Capowski

No abstract provided.

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Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii Dec 1996

Summary Judgment In Pennsylvania: Time For Another Look At Credibility Issues, J. Palmer Lockard Ii

J. Palmer Lockard II

Many Iawsuits are characterized by either minor or non-existent disputes over relevant facts, and such cases may be appropriately resolved by a more summary process than a full-blovvn jury trial. In recognition of this phenomenon, courts and administrators have attempted, since at least the eighteenth century, to fashion procedures that expedite civil litigation. Default judgments, judgments on the pleadings, summary judgments and directed verdicts allow courts to enter judgments at various points during the course of the proceedings prior to submitting the case to the jury. The most recent of these procedural devices to achieve trans-substantive application is summary judgment.

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Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori Andrews Dec 1996

Past As Prologue: Sobering Thoughts On Genetic Enthusiasm, Lori Andrews

Lori B. Andrews

No abstract provided.

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Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom Dec 1996

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

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International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth Dec 1996

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

David A. Wirth

No abstract provided.

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Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe Dec 1996

Transracial Adoption (Tra): Old Prejudices And Discrimination Float Under A New Halo, Ruth-Arlene W. Howe

Ruth-Arlene W. Howe

No abstract provided.

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The Context Of Employment Discrimination In Japan, Allen Madison Dec 1996

The Context Of Employment Discrimination In Japan, Allen Madison

Allen Madison

This article compares employment practices and laws regarding discrimination in Japan to those in the United States. Then it compares the cultural contexts in which discrimination and related regulation exist in each country. The article concludes that the Japanese laws are effective in the context of Japanese culture and that they are more likely to change Japanese attitudes about age, race, and gender in making hiring and promotion decisions than laws in the United States.

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Reliance Damages In The Law Of Sales Under Article 2 Of The Uniform Commercial Code, Michael T. Gibson Dec 1996

Reliance Damages In The Law Of Sales Under Article 2 Of The Uniform Commercial Code, Michael T. Gibson

Michael T. Gibson

The article uses the text, legislative history, and purpose of Article 2′s remedial sections to show that the drafters intended only to provide expectation damages in Sales law. It empirically studies the types of Sales cases for which Contracts scholars have recommended the use of reliance damages, and it finds that courts actually award such damages in only 14 of 467 such cases (2.9%).

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Jewish Law And Modern Business Structures: The Corporate Paradigm, Michael J. Broyde, Steven H. Resnicoff Dec 1996

Jewish Law And Modern Business Structures: The Corporate Paradigm, Michael J. Broyde, Steven H. Resnicoff

Steven Resnicoff

Many religious systems purport to govern both the financial and ritual activities of their adherents at the same time that these activities are ruled by secular legal systems. This phenomenon raises fascinating questions regarding the conceptual and practical interrelationships between these overlapping systems. Under Jewish law, for instance, a persons rights or responsibilities may decisively depend on whether a person is deemed the owner of a particular piece of property. In contemporary times, however, Jews often participate in various business organizations that are, at least ostensibly, creations of secular law. As a result, it becomes critical to establish whether, and …

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