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1998

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Articles 1 - 30 of 103

Full-Text Articles in Law

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz Dec 1998

Brief Of Intervenor, Women’S Legal Education And Action Fund (Leaf), Ferrel V. Ontario, Laura Spitz

Faculty Scholarship

The issues in this appeal are whether Bill 8, An Act to Repeal Job Quotas and Restore Merit-Based Employment Practices in Ontario ("Bill 8''), contravenes section 15(1) of the Canadian Charter of Rights and Freedoms (the "Charter''), and, if so, whether the contravention is justified under section I of the Charter. This brief reviews the Government's repeal of the Federal Emplyment Equity Act (EEA). This repeal impairs designated groups to the greatest extent possible by removing all of the mechanisms which are necessary to remedy systemic discrimination in employment. Additionally, where discrimination is effected by the wholesale repeal ...


Programa Para Un Curso Universitario De Literatura Y Derecho, Leysser L. Leon Nov 1998

Programa Para Un Curso Universitario De Literatura Y Derecho, Leysser L. Leon

Leysser L. León

Proyecto de sílabo del curso Literatura y Derecho presentado a la Facultad de Derecho de la Pontificia Universidad Católica del Perú en noviembre de 1998.


The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn Nov 1998

The Dissolution Of Core Values: Development Of Crime And Society In Postwar Scandinavia With An Emphasis On Norwegian Circumstances, Georg Fr. Rieber-Mohn

BYU Law Review

No abstract provided.


Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt Nov 1998

Reflecting On The Subject: A Critique Of The Social Influence Conception Of Deterrence, The Broken Windows Theory, And Order-Maintenance Policing New York Style, Bernard E. Harcourt

Michigan Law Review

In 1993, New York City began implementing the quality-of-life initiative, an order-maintenance policing strategy targeting minor misdemeanor offenses like turnstile jumping, aggressive panhandling, and public drinking. The policing initiative is premised on the broken windows theory of deterrence, namely the hypothesis that minor physical and social disorder, if left unattended in a neighborhood, causes serious crime. New York City's new policing strategy has met with overwhelming support in the press and among public officials, policymakers, sociologists, criminologists and political scientists. The media describe the "famous" Broken Windows essay as "the bible of policing" and "the blueprint for community policing ...


Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen Nov 1998

Lochner In Cyberspace: The New Economic Orthodoxy Of "Rights Management", Julie E. Cohen

Michigan Law Review

Ninety-three years ago, in Lochner v. New York, the Supreme Court struck down a maximum-working-hours law for bakers as an impermissible invasion of employer-employee liberty of contract and, by implication, of the employer's property rights in his business. Lochner came to symbolize, and was vilified for, a vision of state power as rigidly circumscribed by the operation of judicially-determined laws of social ordering. By the late 1930s, the Court had changed course and accepted that the states' police power - or, in the case of Congress, the commerce power - encompassed even protective regulation of the parameters of the private employment ...


Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky Oct 1998

Establishing Deliberative Democracy: Moving From Misery To Poverty With Dignity, Irwin P. Stotzky

University of Arkansas at Little Rock Law Review

No abstract provided.


Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver Oct 1998

Acts Of God Or Toxic Torts? Applying Tort Principles To The Problem Of Climate Change, Eduardo M. Peñalver

Cornell Law Faculty Publications

The problem of climate change continues to be an intractable one for policymakers. Uncertainties over the likely costs of climate change as well as over the costs of proposed remedies have hampered the formation of a consensus regarding the best course of action. The principles of tort law provide a useful means of analyzing the problem of climate change, particularly the issue of who should bear the costs associated with its effects. The two major goals of tort law (reducing the costs of accidents and corrective justice) both point towards the appropriateness of placing the costs of climate change on ...


Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski Oct 1998

Protecting Endangered Species Without Regulating Private Landowners: The Case Of Endangered Plants, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



God And Man In The Yale Dormitories, Michael C. Dorf Aug 1998

God And Man In The Yale Dormitories, Michael C. Dorf

Cornell Law Faculty Publications

No abstract provided.


Regulation Of Pornography On The Internet In The United States And The United Kingdom: A Comparative Analysis, Dawn A. Edick Aug 1998

Regulation Of Pornography On The Internet In The United States And The United Kingdom: A Comparative Analysis, Dawn A. Edick

Boston College International and Comparative Law Review

No abstract provided.


Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny Jul 1998

Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny

Boston College Law School Faculty Papers

No abstract provided.


The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas C. Kohler Jul 1998

The Disintegration Of Labor Law: Some Notes For A Comparative Study Of Legal Transformation, Thomas C. Kohler

Boston College Law School Faculty Papers

While acknowledging the difficulties inherent in a comparative approach to labor and employment ordering issues, the author argues that our times and circumstances force us to consider such a perspective. This essay looks at some of the background and characteristics of the labor law regimes of the United States and Germany to reflect on where we have been and where we might be going. The author concludes that we stand at the edge of a new world, one that may well entail both a new culture of work and ways of being for all its inhabitants.


Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny Jun 1998

Managed Care, Assisted Suicide And Vulnerable Populations, M. Cathleen Kaveny

M. Cathleen Kaveny

No abstract provided.


Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson Jun 1998

Targets Missed And Targets Hit: Critical Tax Studies And Effective Tax Reform, Steve R. Johnson

Scholarly Publications

Medieval alchemy is popularly associated with attempts to become rich by transmuting base elements into gold. Such attempts were less than universally successful. Yet, alchemy yielded great benefits in other areas. For instance, alchemy was one of the sources of modern sciences such as pharmacology and metallurgy.' Also, the rich and profound symbology of alchemy has influenced modern psychology.

Something similar may be said of critical tax studies. Such studies have argued that the Internal Revenue Code as a whole, or significant features of it, disadvantage-intentionally or unintentionally-groups historically oppressed or ignored by American society. Some of these arguments have ...


Taxing Personhood: Estate Taxes And The Compelled Commodification Of Identity, Ray D. Madoff Jun 1998

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

Boston College Law School Faculty Papers

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 ...


The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater Jun 1998

The Three Economies: An Essay In Honor Of Joseph Sax, Zygmunt J.B. Plater

Boston College Law School Faculty Papers

How does one evaluate the important public values and impacts of things that do not have a market price and then integrate them into the fabric of our system of social governance? That question lies within most or all of Joseph Sax's work over the years. The first part of this article represents an attempt to distill some of Joseph Sax's intellectual dimensions, beyond those already chronicled in the comments of other contributors to this symposium, with some linked themes and observations drawn from Sax beyond his writings. The second part, instigated by several of Sax's articles ...


Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell May 1998

Review Of The Appearance Of Impropriety: How The Ethics Wars Have Undermined American Government, Business, And Society, By Peter W. Morgan And Glenn H. Reynolds., Jordan B. Hansell

Michigan Law Review

Rameshwar Sharma needed cash to continue his research on two proteins, alpha2A and alpha2GC, so he turned to the federal government. At the time he submitted his grant application, Sharma had completed a good deal of work on alpha2A but very little on alpha2GC At some point while typing his forty-six page grant application, Sharma realized that repeatedly typing alpha2A and alpha2GC was annoying. To ease his pain, he created macro keys that he could hit whenever he wished to type either protein. Big mistake. On page twenty-one he hit the wrong key, inserting alpha2GC where alpha2A should have been ...


The Anatomy Of Disgust In Criminal Law, Dan M. Kahan May 1998

The Anatomy Of Disgust In Criminal Law, Dan M. Kahan

Michigan Law Review

My goal in this review is to call attention to a defect in the dominant theories of criminal law and to identify a resource for remedying it. The defect is the absence of a sophisticated account of how disgust does and should influence legal decisionmaking. The corrective resource is William Miller's The Anatomy of Disgust. To make my claims more vivid, consider two stories. Both involve men who were moved to kill by disgust toward homosexuality.


Survey Of Jails: Areport, Maurya Vijay Chandra Apr 1998

Survey Of Jails: Areport, Maurya Vijay Chandra

Maurya Vijay Chandra

As a part of the programme taken up by the executive Chairperson of the Authority, the City Legal Services Authority, a team of young and S.P. promised to provide a van exclusively for enterprising advocates took upon themselves the production of undertrials before the Railway the task of visiting different jails in Patna viz. Magistrate. A calendar was prepared for pro- Beur, Phulwari Sharif, Danapur and Patna City duction of railway offenders from Beur, Phulwari, to complete the survey Form ClfCI! after going Patna City and Danapur. A fetter was also through the custody warrants and interviewing written by ...


For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz Apr 1998

For Better Or Worse: A Critical Analysis Of Florida's Defense Of Marriage Act, Michael J. Kanotz

Florida State University Law Review

No abstract provided.


Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding Apr 1998

Against Common Sense: Why Title Vii Should. Protect Speakers Of Black English, Jill Gaulding

University of Michigan Journal of Law Reform

The speech of many black Americans is marked by phrases such as 'we be writin"' or "we don't have no problems." Because most listeners consider such "Black English" speech patterns incorrect, these speakers face significant disadvantages in the job market. But common sense suggests that there is nothing discriminatory about employers' negative reactions to Black English because it makes sense to allow employers to insist that employees use correct grammar.

This article argues against this common sense understanding of Black English as bad grammar. The author first analyzes the extent of the job market disadvantages faced by Black English ...


An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks Apr 1998

An Unfirm Foundation: The Regrettable Indefensibility Of Religious Exemptions, Frederick Mark Gedicks

University of Arkansas at Little Rock Law Review

No abstract provided.


A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski Apr 1998

A Positive Psychological Theory Of Judging In Hindsight, Jeffrey J. Rachlinski

Cornell Law Faculty Publications



The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander Apr 1998

The New Marriage Contract And The Limits Of Private Ordering, Gregory S. Alexander

Cornell Law Faculty Publications

No abstract provided.


The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant Apr 1998

The Death Knell For School Expulsion: The 1997 Amendments To The Individuals With Disabilities Education Act , Theresa J. Bryant

American University Law Review

No abstract provided.


At War With The Environment, David A. Wirth Mar 1998

At War With The Environment, David A. Wirth

Boston College Law School Faculty Papers

In this Article, Professor Wirth reviews the book National Defense and the Environment by Stephen Dycus, a recognized expert in both environmental and national security law. The emphasis of the book is on containing and remediating the environmental excesses of the American defense-industrial complex, with a domestic policy focus. While Professor Wirth considers Dycus’ work an intellectually rewarding and refreshing new entry into the ongoing environment-as-security colloquy, he does not consider the book to be accessible to a general audience given the book’s fundamentally legalistic nature.


Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns Mar 1998

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of ...


Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson Jan 1998

Internet Infoglut And Invisible Ink: Spamdexing Search Engines With Meta Tags, Ira Nathenson

Ira Steven Nathenson

This Article addresses 'spamdexing,' namely, the practice of stuffing invisible keywords into webpages in order to try to get more favorable listings with search engines. For instance, some website owners will stuff the trademarks of competitors into a webpage’s code, particularly by using 'meta tags,' indexing keywords that can be hidden in a webpage’s source code. Although meta tags are not typically viewed by users, the code can be read by search engines, with the result that webpages may be improperly boosted in search engine rankings. Such practices can confuse the public and have also spurred trademark lawsuits ...


Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer Jan 1998

Domestic Partnership And Same-Sex Relationships: A Marketplace Innovation And A Less Than Perfect Institutional Choice, Nancy J. Knauer

Nancy J. Knauer

The struggle for the recognition and protection of same-sex relationships is at the forefront of the contemporary gay and lesbian civil rights agenda. Whereas the push for same-sex marriage and parenting rights has met with mixed results in the courts and the legislatures, an impressive array of organizations, including Fortune 500 companies, colleges, nonprofit corporations, and municipalities, now extend benefits to the same-sex partners of their employees. This level of success raises a provocative question regarding the potential role of institutional employers in the larger on the agenda for progressive social change. Domestic partnership benefits are a creature of the ...


Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker Jan 1998

Property Rules Meet Feminist Needs: Respecting Autonomy By Valuing Connection, Katharine K. Baker

Katharine K. Baker

In this Article, Professor Baker analyzes how and why the law protects both horizontal (marital) and vertical (parent/child) relationships. In doing so, she suggests that, although the reasons to protect relationships are comparable in both the horizontal and vertical contexts, the law is much more willing to interfere with vertical relationships, at least when the parents are not married to each other. From the standpoint of women's needs, this inconsistent treatment of relationships is precisely backwards. Women benefit little from the law's deference to horizontal relationships, but they could benefit substantially if the law was more deferential ...