Law Commons^™

Antecedents Of The Ito Charter And Their Relevance For The Uruguay Round, Raymond F. Mikesell

Northern Illinois University Law Review

The author discusses the origins of the International Trade Organization ("ITO") and the International Monetary Fund ("IMF"). Next, the author addresses the issue of legalism versus pragmatism in the administration of the ITO and IMF. The author closes with a warning that the Uruguay Round did little to satisfy criticism that the General Agreement on Tariffs and Trade was too legalistic.

Minnesota V. Dickerson: "Plain Feel" And The Expansion Of Terry To Allow Warrantless Seizures Of Non-Weapon Contraband, Mark D. Walton

Northern Illinois University Law Review

This note examines the United States Supreme Court decision accepting a "plain feel" analogue to the plain view doctrine. The author contends that this is an improper expansion of Terry v. Ohio that will result in routine warrantless personal searches for non-weapon contraband.

The Arts As A Cultural And Economic Factor In World Trade, Stanley S. Madeja

Northern Illinois University Law Review

The author begins by reviewing the cultural vision reflected in the United Nations Charter. The author analyzes the growth and development in the arts and arts industry since 1945, and discusses the arts as both an economic force in the United States and as a commodity in world trade. The author concludes with a discussion regarding ownership of the arts and culture, intellectual property rights, and copyrights in the field of electronic imaging.

Trade In The 1990s: Is An International Organization For Multinational Enterprises Needed?, Anthony Scaperlanda

Northern Illinois University Law Review

This article explores the need for an organization to control and monitor multinational corporations due to the recent increase in the number of the multinational corporations and a corresponding increase in foreign direct investment. The article examines contemporary international trade theory, and then proceeds to analyze the scope and need for an international organization for multinational enterprises.

Mid-Atlantic Ethics Committee Newsletter, Spring 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

Lesbians, Gays And The Struggle For Equality Rights: Reversing The Progressive Hypothesis, Mary Eaton

Dalhousie Law Journal

The tale often told of Canadian law's advancement in the field of sexual orientation rights is simple but sublime: law has moved, however ploddingly and not without substantial prodding, out of an epoch of almost total repression, into an evermore enlightened era. Castigated by criminal law, pushed to the perimeter by administrative law, and ignored by human rights law, the "homosexual"' had once been law's quintessential "other." In recent years, however, legislatures and courts have increasingly been willing to recognize "homosexuals" as a constituency too long held down by the heavy hand of legal control. Most penal prohibitions against exercises …

Solving The Chevron Puzzle, Linda R. Cohen, Matthew L. Spitzer

Law and Contemporary Problems

The "Chevron" decision, which boils down to the rule that federal courts must respect any reasonable interpretation by an administrative agency of its own statute, is discussed. This decision and its relationship to the modern system of administrative government in the US is examined.

"Running Hard To Stand Still": The Paradox Of Family Law Reform, Mary Jane Mossman

Dalhousie Law Journal

This essay explores the paradox of family law reform in common law Canada, focusing particularly on reforms relating to family property and inter-spousal support in the decades after the first federal Divorce Act of 1968. The paradox of this law reform activity is well-expressed in Carol Smart's colourful phrase about the (lack of) impact of law reform for women in the United Kingdom. In her view, while it is inaccurate to say that nothing has been done to improve the position of women, it is equally impossible to demonstrate that there has been any linear development of progressive legislation; in …

"Solutions In Sciences Outside Of The Law!?" Rodriguez V. British Columbia (A.G.), Anne Jackman

Dalhousie Law Journal

While we are forced, somewhat begrudgingly, to face the fact that there are limitations to what medicine can achieve, we still seem to have an undisturbed faith in what law can achieve. The limitations to what litigation under the Canadian Charter of Rights and Freedoms' can achieve was highlighted most recently in the case of Rodriguez v. British Columbia (A.G.)2 where the Supreme Court of Canada, by a five to four margin, upheld the constitutionality of the assisted suicide provisions of the Criminal Code.3 The Court recognized that Ms. Rodriguez's rights were violated but concluded that the infringement did not …

Playing The Game, Allan C. Hutchinson

Dalhousie Law Journal

Soccer is my game. It has been part of my life and, therefore, a part of me since before I can remember. Much of my early years was spent kicking a ball around in one setting or another. Sleeping or waking, I was never far from a soccer ball. On my own against a wall or with a couple of likeminded friends, I took the part of legendary favourites and played out some of soccer's great games. The stuff of boyhood fantasizing, some of my best memories can still be traced back to my grandfather's back yard or the local …

Punishment Most Cruel, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

The Word On Trial, Robin West

William & Mary Law Review

No abstract provided.

Imposition, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

Scorn, Richard Delgado, Jean Stefancic

William & Mary Law Review

No abstract provided.

Rico's Latest Victim—Social Protest, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals

Class, Personality, Contract, And Unconscionability, Jeffrey L. Harrison

William & Mary Law Review

No abstract provided.

Dna Fingerprinting: The Virginia Approach, James P. O'Brien Jr.

William & Mary Law Review

No abstract provided.

The National Flood Insurance Program: Unattained Purposes, Liability In Contract, And Takings, Charles T. Griffith

William & Mary Law Review

No abstract provided.

Symposium On Law, Literature, And The Humanities. Introduction: Conducting Our Educations In Public, Thomas D. Eisele

Faculty Articles and Other Publications

This symposium grew out of James Boyd White's Marx Lecture, given April 21, 1994, at the University of Cincinnati, and this issue owes its existence to some happy coincidences with that event. One coincidence was the idea occurring to a number of us that, as nice as it would be to publish Professor White's thoughts on the Crito in these pages of the Law Review, how much nicer still it would be to surround those thoughts, or to follow them, with the thoughts of other scholars in the field, showing how these others responded to the text discussed by White …

What's Really Wrong With The Supreme Court Of Pennsylvania, Bruce Ledewitz

Ledewitz Papers

Published scholarship collected from academic journals, law reviews, newspaper publications & online periodicals.

Comment On Mcnollgast “Legislative Intent”, Robert H. Bates

Law and Contemporary Problems

McNollgast's (1994) theory on legislative intent is argued as an exercise in textual interpretation. Possible weaknesses in the application of this theory are highlighted.

Post-Enactment Legislative Signals, William Eskridge Jr.

Law and Contemporary Problems

Statutory interpretation, considered from the perspective of positive political theory, yields a number of iconoclastic conclusions. A model suggesting that judges pay attention to legislative history is argued to not present a robust positive theory of the Rehnquist Court's decisions.

Mid-Atlantic Ethics Committee Newsletter, Winter 1994

Mid-Atlantic Ethics Committee Newsletter

No abstract provided.

The Nova Southeastern Lawyer, 1994, Volume 8, Number 1, Nova University - Shepard Broad Law Center

Nova Lawyer

No abstract provided.

The Problem Of Theory In Poethics, Lewis H. Larue

Scholarly Articles

Not available.

Comment On A “Positive Theory Of Legislative Intent”, Michael Munger

Law and Contemporary Problems

The model of legislative intent utilized by Schwartz, Spiller and Urbiztondo (1994) and its strengths and weaknesses are discussed. Two separate results worthy of the attention of scholars of judicial interpretation are addressed.

New York State Constitutional Decisions: 1993 Compilation

Touro Law Review

No abstract provided.

A Positive Theory Of Legislative Intent, Edward P. Schwartz, Pablo T. Spiller, Santiago Urbiztondo

Law and Contemporary Problems

The debate about statutory interpretation has been affected by the introduction of social choice theory into the study of legal institutions. The positive political theory of legislative intent is examined.

The Theory And Practice Of Regional Organization Intervention In Civil Wars, Christopher J. Borgen

Faculty Publications

The United Nations' reach in peacekeeping is fast outdistancing its grasp. Spread across seventeen countries, the U.N.’s over 80,000 civilian and military personnel monitor cease-fires, protect aid convoys, and separate warring parties. As the U.N. extends its arms, financial resources seem to slip through its fingers like grains of sand. In short, the U.N. lacks the resources to continue increasing its peacekeeping responsibilities.

In An Agenda for Peace (Agenda), Secretary-General Boutros Boutros-Ghali proposes that part of the solution to the economic problems of the U.N. lies in reconsidering how regional organizations interact with the U.N., a suggestion which revisits a …

Table Of Contents

Touro Law Review

No abstract provided.